SCS CSHB 66(JUD): "An Act relating to criminal law and procedure; relating to homicide resulting from conduct involving controlled substances; establishing the crime of assault in the presence of a child; relating to the crime of stalking; changing the term 'child pornography' to 'child sexual abuse material'; relating to misconduct involving a controlled substance; relating to competency to stand trial; relating to victim restitution and compensation; relating to sentencing; restricting the release of certain records of convictions; relating to the duty to register as a sex offender; amending the definition of 'sex offense'; amending the definition of 'crime involving domestic violence'; relating to multidisciplinary child protection teams; relating to involuntary civil commitments; relating to victims' rights during certain civil commitment proceedings; amending Rule 6(s), Alaska Rules of Criminal Procedure; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 66(JUD) 01 "An Act relating to criminal law and procedure; relating to homicide resulting from 02 conduct involving controlled substances; establishing the crime of assault in the 03 presence of a child; relating to the crime of stalking; changing the term 'child 04 pornography' to 'child sexual abuse material'; relating to misconduct involving a 05 controlled substance; relating to competency to stand trial; relating to victim restitution 06 and compensation; relating to sentencing; restricting the release of certain records of 07 convictions; relating to the duty to register as a sex offender; amending the definition of 08 'sex offense'; amending the definition of 'crime involving domestic violence'; relating to 09 multidisciplinary child protection teams; relating to involuntary civil commitments; 10 relating to victims' rights during certain civil commitment proceedings; amending Rule 11 6(s), Alaska Rules of Criminal Procedure; and providing for an effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 02 to read: 03 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that, with the 04 state's rates of sexual assault and sexual abuse being some of the highest in the United States, 05 presenting evidence to a grand jury in state court should be similar to and not more difficult 06 than presenting evidence to a grand jury in federal court in the state. 07 (b) The legislature further finds that the Rights of Crime Victims in art. I, sec. 24, 08 Constitution of the State of Alaska, including the "right to be treated with dignity, respect, and 09 fairness during all phases of the criminal and juvenile justice process," supports allowing the 10 prosecution to present hearsay evidence to a grand jury, which is similar to the rules of federal 11 court in which the hearsay rules do not apply to grand jury proceedings. 12 (c) The legislature further finds that Rule 6(s), Alaska Rules of Criminal Procedure, 13 as amended by sec. 51 of this Act, is a response, in part, to the decision of the Alaska Court of 14 Appeals in State v. Powell, 487 P.3d 609 (Alaska App. 2021). 15 (d) It is the intent of the legislature to reduce barriers to employment for people who 16 have been convicted of low-level marijuana possession crimes that would be legal on 17 January 1, 2025. 18 * Sec. 2. AS 11.41.110 is amended to read: 19 Sec. 11.41.110. Murder in the second degree. (a) A person commits the 20 crime of murder in the second degree if 21 (1) with intent to cause serious physical injury to another person or 22 knowing that the conduct is substantially certain to cause death or serious physical 23 injury to another person, the person causes the death of any person; 24 (2) the person knowingly engages in conduct that results in the death 25 of another person under circumstances manifesting an extreme indifference to the 26 value of human life; 27 (3) under circumstances not amounting to murder in the first degree 28 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 29 person commits or attempts to commit arson in the first degree, kidnapping, sexual 30 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 31 in the first degree, sexual abuse of a minor in the second degree, burglary in the first
01 degree, escape in the first or second degree, robbery in any degree, or misconduct 02 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 03 or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 04 in immediate flight from that crime, any person causes the death of a person other than 05 one of the participants; 06 (4) acting with a criminal street gang, the person commits or attempts 07 to commit a crime that is a felony and, in the course of or in furtherance of that crime 08 or in immediate flight from that crime, any person causes the death of a person other 09 than one of the participants; [OR] 10 (5) the person with criminal negligence causes the death of a child 11 under the age of 16, and the person has been previously convicted of a crime involving 12 a child under the age of 16 that was 13 (A) a felony violation of AS 11.41; 14 (B) in violation of a law or ordinance in another jurisdiction 15 with elements similar to a felony under AS 11.41; or 16 (C) an attempt, a solicitation, or a conspiracy to commit a 17 crime listed in (A) or (B) of this paragraph; or 18 (6) the person knowingly manufactures or delivers a controlled 19 substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 20 direct result of ingestion of the controlled substance; the death is a result that 21 does not require a culpable mental state. 22 (b) Except as provided in (c) of this section, murder [MURDER] in the 23 second degree is an unclassified felony and is punishable as provided in AS 12.55. 24 * Sec. 3. AS 11.41.110 is amended by adding a new subsection to read: 25 (c) In a prosecution for murder in the second degree under (a)(6) of this 26 section, it is an affirmative defense that reduces the crime to a class A felony that, at 27 the time of the offense, 28 (1) the defendant sought, in good faith, medical or law enforcement 29 assistance for the other person; 30 (2) the defendant remained at the scene with the other person until 31 medical or law enforcement assistance arrived;
01 (3) the defendant cooperated with medical or law enforcement 02 personnel, including by providing identification; and 03 (4) the offense involved small quantities of a controlled substance that 04 were not delivered for a profit. 05 * Sec. 4. AS 11.41.120(a) is amended to read: 06 (a) A person commits the crime of manslaughter if the person 07 (1) intentionally, knowingly, or recklessly causes the death of another 08 person under circumstances not amounting to murder in the first or second degree; 09 (2) intentionally aids another person to commit suicide; or 10 (3) knowingly manufactures or delivers a controlled substance in 11 violation of AS 11.71.030 [AS 11.71.010 - 11.71.030] or 11.71.040(a)(1) for schedule 12 IVA controlled substances, and another [A] person dies as a direct result of ingestion 13 of the controlled substance; the death is a result that does not require a culpable mental 14 state [; IN THIS PARAGRAPH, "INGESTION" MEANS VOLUNTARILY OR 15 INVOLUNTARILY TAKING A SUBSTANCE INTO THE BODY IN ANY 16 MANNER]. 17 * Sec. 5. AS 11.41.140 is amended to read: 18 Sec. 11.41.140. Definitions [DEFINITION]. In AS 11.41.100 - 11.41.140, 19 (1) "ingestion" means voluntarily or involuntarily taking a 20 substance into the body in any manner; 21 (2) "person" means, when referring to the victim of a crime, 22 [MEANS] a human being who has been born and was alive at the time of the criminal 23 act; a [. A] person is "alive" if there is spontaneous respiratory or cardiac function or, 24 when respiratory and cardiac functions are maintained by artificial means, there is 25 spontaneous brain function. 26 * Sec. 6. AS 11.41 is amended by adding a new section to read: 27 Sec. 11.41.240. Assault in the presence of a child. (a) A person commits the 28 crime of assault in the presence of a child if the person commits an assault under 29 AS 11.41.200 - 11.41.230 with reckless disregard that, at the time of the assault, a 30 child under 16 years of age is present in the dwelling, vehicle, or location where the 31 assault occurs.
01 (b) In this section, "present" means physically present or within hearing of the 02 assault. 03 (c) Assault in the presence of a child is a class A misdemeanor. 04 * Sec. 7. AS 11.41.260(a) is amended to read: 05 (a) A person commits the crime of stalking in the first degree if the person 06 violates AS 11.41.270 and 07 (1) the actions constituting the offense are in violation of an order 08 issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 09 under former AS 25.35.010(b) or 25.35.020; 10 (2) the actions constituting the offense are in violation of a condition of 11 probation, release before trial, release after conviction, or parole; 12 (3) the victim is under 16 years of age; 13 (4) at any time during the course of conduct constituting the offense, 14 the defendant possessed a deadly weapon; 15 (5) the defendant has been previously convicted of a crime under this 16 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 17 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 18 AS 11.56.740; or 19 (6) the defendant has been previously convicted of a crime, or an 20 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 21 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 22 law or an ordinance of this or another jurisdiction with elements similar to a crime, or 23 an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 24 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 25 involving the same victim as the present offense. 26 * Sec. 8. AS 11.61.125(a) is amended to read: 27 (a) A person commits the crime of distribution of child sexual abuse material 28 [PORNOGRAPHY] if the person distributes in this state or advertises, promotes, 29 solicits, or offers to distribute in this state any material that is proscribed under 30 AS 11.61.127. 31 * Sec. 9. AS 11.61.125(e) is amended to read:
01 (e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 02 (1) class B felony; or 03 (2) class A felony if the person has been previously convicted of 04 distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 05 a similar crime in this or another jurisdiction. 06 * Sec. 10. AS 11.61.127(a) is amended to read: 07 (a) A person commits the crime of possession of child sexual abuse material 08 [PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 09 computer with intent to view any material that visually depicts conduct described in 10 AS 11.41.455(a) knowing that the production of the material involved the use of a 11 child under 18 years of age who engaged in the conduct or a depiction of a part of an 12 actual child under 18 years of age who, by manipulation, creation, or modification, 13 appears to be engaged in the conduct. 14 * Sec. 11. AS 11.61.127(g) is amended to read: 15 (g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 16 C felony. 17 * Sec. 12. AS 11.66.100(c) is amended to read: 18 (c) A person may not be prosecuted under (a)(1) of this section if the 19 (1) person witnessed or was a victim of, and reported to law 20 enforcement in good faith, one or more of the following crimes: 21 (A) murder in the first degree under AS 11.41.100; 22 (B) murder in the second degree under AS 11.41.110; 23 (C) manslaughter under AS 11.41.120; 24 (D) criminally negligent homicide under AS 11.41.130; 25 (E) assault in the first degree under AS 11.41.200; 26 (F) assault in the second degree under AS 11.41.210; 27 (G) assault in the third degree under AS 11.41.220; 28 (H) assault in the fourth degree under AS 11.41.230; 29 (I) sexual assault in the first degree under AS 11.41.410; 30 (J) sexual assault in the second degree under AS 11.41.420; 31 (K) sexual assault in the third degree under AS 11.41.425;
01 (L) sexual assault in the fourth degree under AS 11.41.427; 02 (M) sexual abuse of a minor in the first degree under 03 AS 11.41.434; 04 (N) sexual abuse of a minor in the second degree under 05 AS 11.41.436; 06 (O) sexual abuse of a minor in the third degree under 07 AS 11.41.438; 08 (P) sexual abuse of a minor in the fourth degree under 09 AS 11.41.440; 10 (Q) robbery in the first degree under AS 11.41.500; 11 (R) robbery in the second degree under AS 11.41.510; 12 (S) extortion under AS 11.41.520; 13 (T) coercion under AS 11.41.530; 14 (U) distribution of child sexual abuse material 15 [PORNOGRAPHY] under AS 11.61.125; 16 (V) possession of child sexual abuse material 17 [PORNOGRAPHY] under AS 11.61.127; 18 (W) sex trafficking in the first degree under AS 11.66.110; 19 (X) sex trafficking in the second degree under AS 11.66.120; 20 (Y) sex trafficking in the third degree under AS 11.66.130; or 21 (Z) sex trafficking in the fourth degree under AS 11.66.135; 22 (2) evidence supporting the prosecution under (a)(1) of this section 23 was obtained or discovered as a result of the person reporting the crime to law 24 enforcement; and 25 (3) person cooperated with law enforcement personnel. 26 * Sec. 13. AS 11.71.010(a) is amended to read: 27 (a) Except as authorized in AS 17.30, a person commits the crime of 28 misconduct involving a controlled substance in the first degree if the person 29 (1) delivers any amount of a schedule IA controlled substance to a 30 person under 19 years of age who is at least three years younger than the person 31 delivering the substance;
01 (2) delivers any amount of a schedule IIA or IIIA controlled substance 02 to a person under 19 years of age who is at least three years younger than the person 03 delivering the substance; [OR] 04 (3) engages in a continuing criminal enterprise; or 05 (4) delivers any amount of a schedule IA, IIA, IIIA, or IVA 06 controlled substance to a person who is 07 (A) mentally incapable; 08 (B) incapacitated; or 09 (C) unaware that a controlled substance is being delivered. 10 * Sec. 14. AS 11.71.010(b) is amended to read: 11 (b) For purposes of this section, 12 (1) a person is engaged in a "continuing criminal enterprise" if 13 (A) [(1)] the person commits a violation of this chapter which 14 is punishable as a felony; and 15 (B) [(2)] that violation is a part of a continuing series of five or 16 more violations of this chapter 17 (i) [(A)] which the person undertakes in concert with at 18 least five other persons organized, supervised, or otherwise managed by 19 the person; and 20 (ii) [(B)] from which the person obtains substantial 21 income or resources; 22 (2) "incapacitated" has the meaning given in AS 11.41.470; 23 (3) "mentally incapable" has the meaning given in AS 11.41.470. 24 * Sec. 15. AS 11.71.021(a) is amended to read: 25 (a) Except as authorized in AS 17.30, a person commits the crime of 26 misconduct involving a controlled substance in the second degree if the person 27 (1) manufactures or delivers any amount of a schedule IA controlled 28 substance or possesses any amount of a schedule IA controlled substance with intent 29 to manufacture or deliver; 30 (2) manufactures or delivers any material, compound, mixture, or 31 preparation that contains
01 (A) methamphetamine, or its salts, isomers, or salts of isomers; 02 or 03 (B) an immediate precursor of methamphetamine, or its salts, 04 isomers, or salts of isomers; 05 (3) possesses an immediate precursor of methamphetamine, or the 06 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 07 with the intent to manufacture any material, compound, mixture, or preparation that 08 contains methamphetamine, or its salts, isomers, or salts of isomers; 09 (4) possesses a listed chemical with intent to manufacture any material, 10 compound, mixture, or preparation that contains 11 (A) methamphetamine, or its salts, isomers, or salts of isomers; 12 or 13 (B) an immediate precursor of methamphetamine, or its salts, 14 isomers, or salts of isomers; 15 (5) possesses methamphetamine in an organic solution with intent to 16 extract from it methamphetamine, or its salts, isomers, or salts of isomers; or 17 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 18 delivers 19 (A) an immediate precursor of methamphetamine, or the salts, 20 isomers, or salts of isomers of the immediate precursor of methamphetamine, 21 to another person with reckless disregard that the precursor will be used to 22 manufacture any material, compound, mixture, or preparation that contains 23 methamphetamine, or its salts, isomers, or salts of isomers; or 24 (B) a listed chemical to another person with reckless disregard 25 that the listed chemical will be used to manufacture any material, compound, 26 mixture, or preparation that contains 27 (i) methamphetamine, or its salts, isomers, or salts of 28 isomers; 29 (ii) an immediate precursor of methamphetamine, or its 30 salts, isomers, or salts of isomers; or 31 (iii) methamphetamine, or its salts, isomers, or salts of
01 isomers in an organic solution. 02 * Sec. 16. AS 12.10.010(a) is amended to read: 03 (a) Prosecution for the following offenses may be commenced at any time: 04 (1) murder; 05 (2) attempt, solicitation, or conspiracy to commit murder or hindering 06 the prosecution of murder; 07 (3) felony sexual abuse of a minor; 08 (4) sexual assault that is an unclassified, class A, or class B felony or a 09 violation of AS 11.41.425(a)(2) - (4); 10 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 11 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 12 who, at the time of the offense, was under 18 years of age; 13 (6) kidnapping; 14 (7) distribution of child sexual abuse material [PORNOGRAPHY] in 15 violation of AS 11.61.125; 16 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 17 unclassified, class A, or class B felony or that is committed against a person who, at 18 the time of the offense, was under 20 years of age; 19 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 20 * Sec. 17. AS 12.47.070(a) is amended to read: 21 (a) If a defendant has filed a notice of intention to rely on the affirmative 22 defense of insanity under AS 12.47.010 or has filed notice under AS 12.47.020(a), or 23 there is reason to doubt the defendant's fitness to proceed, or there is reason to believe 24 that a mental disease or defect of the defendant will otherwise become an issue in the 25 case, the court shall appoint a qualified psychiatrist or psychologist [AT LEAST 26 TWO QUALIFIED PSYCHIATRISTS OR TWO FORENSIC PSYCHOLOGISTS 27 CERTIFIED BY THE AMERICAN BOARD OF FORENSIC PSYCHOLOGY] to 28 examine and report on [UPON] the mental condition of the defendant. If the court 29 appoints a psychiatrist [PSYCHIATRISTS], the psychiatrist [PSYCHIATRISTS] 30 may select psychologists to provide assistance. If the defendant has filed notice under 31 AS 12.47.090(a), the report shall consider whether the defendant can still be
01 committed under AS 12.47.090(c). The court may order the defendant to be committed 02 to a secure facility for the purpose of the examination for not more than 60 days or for 03 a [SUCH] longer period as the court determines to be necessary for the purpose and 04 may direct that a qualified psychiatrist retained by the defendant be permitted to 05 witness and participate in the examination. 06 * Sec. 18. AS 12.47.100(b) is amended to read: 07 (b) If, before imposition of sentence, the prosecuting attorney or the attorney 08 for the defendant has reasonable cause to believe that the defendant is presently 09 suffering from a mental disease or defect that causes the defendant to be unable to 10 understand the proceedings or to assist in the person's own defense, the attorney may 11 file a motion for a judicial determination of the competency of the defendant. Upon 12 that motion, or upon its own motion, the court, if justified by findings of fact and 13 conclusions of law, shall have the defendant examined by at least one qualified 14 psychiatrist or psychologist, who shall report to the court concerning the competency 15 of the defendant. For the purpose of the examination, the court may order the 16 defendant committed for a reasonable period to a suitable hospital or other facility 17 designated by the court. If the report of the psychiatrist or psychologist indicates that 18 the defendant is incompetent, the court shall hold a hearing, upon due notice, at which 19 evidence as to the competency of the defendant may be submitted, including that of 20 the reporting psychiatrist or psychologist, and make appropriate findings. Before the 21 hearing, the court shall, upon request of the prosecuting attorney, order the defendant 22 to submit to an additional evaluation by a psychiatrist or psychologist designated by 23 the prosecuting attorney. 24 * Sec. 19. AS 12.47.100 is amended by adding new subsections to read: 25 (i) The court may order a defendant to be examined under this section at an 26 outpatient clinic or other facility as a condition of the defendant's release under 27 AS 12.30. In considering the conditions of a defendant's release under this subsection, 28 the court shall, in addition to any applicable requirement under AS 12.30, consider 29 (1) any medical information provided by the Department of Family 30 and Community Services; 31 (2) the defendant's mental condition;
01 (3) the defendant's level of need for evaluation and treatment under 02 this chapter; 03 (4) the defendant's ability to participate in outpatient treatment; and 04 (5) the defendant's history of evaluation and treatment under this 05 chapter. 06 (j) If the defendant is charged with a felony offense against a person under 07 AS 11.41 or felony arson, a qualified psychiatrist or psychologist conducting an 08 examination under (b) of this section may, at the same time, evaluate the defendant to 09 determine whether the defendant meets the standards for involuntary commitment 10 under AS 47.30.700 - 47.30.915. 11 (k) In making findings of fact and conclusions of law under (b) of this section, 12 a court may rely on a defense attorney's representation. 13 * Sec. 20. AS 12.47.110 is amended by adding new subsections to read: 14 (f) The court may order a defendant to receive further evaluation and 15 treatment under (a) or (b) of this section at an outpatient clinic or other facility as a 16 condition of the defendant's release under AS 12.30. In considering the conditions of a 17 defendant's release under this subsection, the court shall, in addition to any applicable 18 requirement under AS 12.30, consider 19 (1) any medical information provided by the Department of Family 20 and Community Services; 21 (2) the defendant's mental condition; 22 (3) the defendant's level of need for evaluation and treatment under 23 this chapter; 24 (4) the defendant's ability to participate in outpatient treatment; and 25 (5) the defendant's history of evaluation and treatment under this 26 chapter. 27 (g) Before criminal charges against a defendant charged with a felony offense 28 against a person under AS 11.41 or felony arson are dismissed under (b) of this 29 section, the prosecutor shall 30 (1) file a petition seeking involuntary commitment of the defendant 31 under AS 47.30.706 before dismissal of the charges;
01 (2) notify the division of the Department of Law that has responsibility 02 for civil cases of the petition within 24 hours after filing the petition; and 03 (3) provide the court's findings to the division of the Department of 04 Law that has responsibility for civil cases within 24 hours after the court's ruling. 05 * Sec. 21. AS 12.55.045(a) is amended to read: 06 (a) The court shall, when presented with credible evidence, unless the victim 07 or other person expressly declines restitution, order a defendant convicted of an 08 offense to make restitution as provided in this section, including restitution to the 09 victim or other person injured by the offense, to a public, private, or private nonprofit 10 organization that has provided or is or will be providing counseling, medical, or 11 shelter services to the victim or other person injured by the offense, or as otherwise 12 authorized by law. Restitution to a victim or other person injured by the offense 13 includes compensation for the value of lost income, child care, elder care, 14 transportation, and other expenses incurred during the victim's or other person's 15 participation in the investigation or prosecution of the offense or attendance at 16 court proceedings related to the offense. The court shall, when presented with 17 credible evidence, unless the victim expressly declines restitution, also order a 18 defendant convicted of an offense to compensate a victim that is a nonprofit 19 organization for the value of labor or goods provided by volunteers if the labor or 20 goods were necessary to alleviate or mitigate the effects of the defendant's crime. In 21 determining the amount and method of payment of restitution or compensation, the 22 court shall take into account the 23 (1) public policy that favors requiring criminals to compensate for 24 damages and injury, including loss of income, to their victims; and 25 (2) financial burden placed on the victim and those who provide 26 services to the victim and other persons injured by the offense as a result of the 27 criminal conduct of the defendant. 28 * Sec. 22. AS 12.55.125(c) is amended to read: 29 (c) Except as provided in (i) of this section, a defendant convicted of a class A 30 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 31 and shall be sentenced to a definite term within the following presumptive ranges,
01 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 02 (1) if the offense is a first felony conviction and does not involve 03 circumstances described in (2) of this subsection, four to seven years; 04 (2) if the offense is a first felony conviction 05 (A) and the defendant possessed a firearm, used a dangerous 06 instrument, or caused serious physical injury or death during the commission 07 of the offense, or knowingly directed the conduct constituting the offense at a 08 uniformed or otherwise clearly identified peace officer, firefighter, correctional 09 employee, emergency medical technician, paramedic, ambulance attendant, or 10 other emergency responder who was engaged in the performance of official 11 duties at the time of the offense, seven to 11 years; 12 (B) and the conviction is for manufacturing related to 13 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 14 (i) the manufacturing occurred in a building with 15 reckless disregard that the building was used as a permanent or 16 temporary home or place of lodging for one or more children under 18 17 years of age or the building was a place frequented by children; or 18 (ii) in the course of manufacturing or in preparation for 19 manufacturing, the defendant obtained the assistance of one or more 20 children under 18 years of age or one or more children were present; 21 (C) and the conviction is for manufacturing or delivery 22 under AS 11.71.021(a)(1) related to a schedule IA controlled substance set 23 out in AS 11.71.140(c)(29) or under AS 11.71.021(a)(6) related to a 24 schedule IIA controlled substance set out in AS 11.71.150(e)(2), four to 11 25 years; 26 (3) if the offense is a second felony conviction, 10 to 14 years; 27 (4) if the offense is a third felony conviction and the defendant is not 28 subject to sentencing under (l) of this section, 15 to 20 years. 29 * Sec. 23. AS 12.55.125(i) is amended to read: 30 (i) A defendant convicted of 31 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2),
01 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 02 under AS 11.41.455(c)(2), or sex trafficking in the first degree under 03 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 04 than 99 years and shall be sentenced to a definite term within the following 05 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 06 (A) if the offense is a first felony conviction, the offense does 07 not involve circumstances described in (B) of this paragraph, and the victim 08 was 09 (i) less than 13 years of age, 25 to 35 years; 10 (ii) 13 years of age or older, 20 to 30 years; 11 (B) if the offense is a first felony conviction and the defendant 12 possessed a firearm, used a dangerous instrument, or caused serious physical 13 injury during the commission of the offense, 25 to 35 years; 14 (C) if the offense is a second felony conviction and does not 15 involve circumstances described in (D) of this paragraph, 30 to 40 years; 16 (D) if the offense is a second felony conviction and the 17 defendant has a prior conviction for a sexual felony, 35 to 45 years; 18 (E) if the offense is a third felony conviction and the defendant 19 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 20 to 60 years; 21 (F) if the offense is a third felony conviction, the defendant is 22 not subject to sentencing under (l) of this section, and the defendant has two 23 prior convictions for sexual felonies, 99 years; 24 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 25 unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 26 under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 27 in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 28 minor in the first degree, or sex trafficking in the first degree under 29 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 30 than 99 years and shall be sentenced to a definite term within the following 31 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:
01 (A) if the offense is a first felony conviction, the offense does 02 not involve circumstances described in (B) of this paragraph, and the victim 03 was 04 (i) under 13 years of age, 20 to 30 years; 05 (ii) 13 years of age or older, 15 to 30 years; 06 (B) if the offense is a first felony conviction and the defendant 07 possessed a firearm, used a dangerous instrument, or caused serious physical 08 injury during the commission of the offense, 25 to 35 years; 09 (C) if the offense is a second felony conviction and does not 10 involve circumstances described in (D) of this paragraph, 25 to 35 years; 11 (D) if the offense is a second felony conviction and the 12 defendant has a prior conviction for a sexual felony, 30 to 40 years; 13 (E) if the offense is a third felony conviction, the offense does 14 not involve circumstances described in (F) of this paragraph, and the defendant 15 is not subject to sentencing under (l) of this section, 35 to 50 years; 16 (F) if the offense is a third felony conviction, the defendant is 17 not subject to sentencing under (l) of this section, and the defendant has two 18 prior convictions for sexual felonies, 99 years; 19 (3) sexual assault in the second degree, sexual abuse of a minor in the 20 second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 21 first degree under AS 11.41.458(b)(2), distribution of child sexual abuse material 22 [PORNOGRAPHY] under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation 23 to commit sexual assault in the first degree under AS 11.41.410(a)(1)(B) 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, five to 15 years; 28 (B) if the offense is a second felony conviction and does not 29 involve circumstances described in (C) of this paragraph, 10 to 25 years; 30 (C) if the offense is a second felony conviction and the 31 defendant has a prior conviction for a sexual felony, 15 to 30 years;
01 (D) if the offense is a third felony conviction and does not 02 involve circumstances described in (E) of this paragraph, 20 to 35 years; 03 (E) if the offense is a third felony conviction and the defendant 04 has two prior convictions for sexual felonies, 99 years; 05 (4) sexual assault in the third degree, sexual abuse of a minor in the 06 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 07 AS 11.41.458(b)(1), indecent viewing or production of a picture under 08 AS 11.61.123(f)(1) or (2), possession of child sexual abuse material 09 [PORNOGRAPHY], distribution of child sexual abuse material [PORNOGRAPHY] 10 under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual 11 assault in the second degree, sexual abuse of a minor in the second degree, unlawful 12 exploitation of a minor, or distribution of child sexual abuse material 13 [PORNOGRAPHY], may be sentenced to a definite term of imprisonment of not more 14 than 99 years and shall be sentenced to a definite term within the following 15 presumptive ranges, subject to 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 sexual abuse 25 material [PORNOGRAPHY], or received a financial benefit or had a financial 26 interest in a child sexual abuse material [PORNOGRAPHY] sharing or 27 distribution mechanism, six to 14 years; 28 (D) if the offense is a second felony conviction and does not 29 involve circumstances described in (E) of this paragraph, eight to 15 years; 30 (E) if the offense is a second felony conviction and the 31 defendant has a prior conviction for a sexual felony, 12 to 20 years;
01 (F) if the offense is a third felony conviction and does not 02 involve circumstances described in (G) of this paragraph, 15 to 25 years; 03 (G) if the offense is a third felony conviction and the defendant 04 has two prior convictions for sexual felonies, 99 years. 05 * Sec. 24. AS 12.55.127(d) is amended to read: 06 (d) If the defendant is being sentenced for two or more crimes of distribution 07 of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 08 of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 09 distribution of indecent material to minors under AS 11.61.128, a consecutive term of 10 imprisonment shall be imposed for some additional term of imprisonment for each 11 additional crime or each additional attempt or solicitation to commit the offense. 12 * Sec. 25. AS 12.55.185(16) is amended to read: 13 (16) "sexual felony" means sexual assault in the first degree, sexual 14 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 15 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 16 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 17 indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), 18 distribution of child sexual abuse material [PORNOGRAPHY], sexual assault in the 19 third degree, incest, indecent exposure in the first degree, possession of child sexual 20 abuse material [PORNOGRAPHY], enticement of a minor, and felony attempt, 21 conspiracy, or solicitation to commit those crimes; 22 * Sec. 26. AS 12.62.160(b) is amended to read: 23 (b) Subject to the requirements of this section, and except as otherwise limited 24 or prohibited by other provision of law or court rule, criminal justice information 25 (1) may be provided to a person when, and only to the extent, 26 necessary to avoid imminent danger to life or extensive damage to property; 27 (2) may be provided to a person to the extent required by applicable 28 court rules or under an order of a court of this state, another state, or the United States; 29 (3) may be provided to a person if the information is commonly or 30 traditionally provided by criminal justice agencies in order to identify, locate, or 31 apprehend fugitives or wanted persons or to recover stolen property, or for public
01 reporting of recent arrests, charges, and other criminal justice activity; 02 (4) may be provided to a criminal justice agency for a criminal justice 03 activity; 04 (5) may be provided to a government agency when necessary for 05 enforcement of or for a purpose specifically authorized by state or federal law; 06 (6) may be provided to a person specifically authorized by a state or 07 federal law to receive that information; 08 (7) in aggregate form may be released to a qualified person, as 09 determined by the agency, for criminal justice research, subject to written conditions 10 that assure the security of the information and the privacy of individuals to whom the 11 information relates; 12 (8) may be provided to a person for any purpose, except that 13 information may not be released if the information is nonconviction information, [OR] 14 correctional treatment information, or criminal justice information as described in 15 (f) of this section; 16 (9) including information relating to a serious offense, may be 17 provided to an interested person if the information is requested for the purpose of 18 determining whether to grant a person supervisory or disciplinary power over a minor 19 or dependent adult; and 20 (10) may be provided to the person who is the subject of the 21 information. 22 * Sec. 27. AS 12.62.160 is amended by adding a new subsection to read: 23 (f) An agency may not release criminal justice information of a criminal case 24 in which the defendant 25 (1) was convicted under AS 11.71.060, or a municipal ordinance with 26 similar elements, for possession of less than one ounce of a schedule VIA controlled 27 substance; 28 (2) was 21 years of age or older at the time of commission of the 29 offense; 30 (3) was not convicted of any other criminal charges in that case; and 31 (4) requests that the agency not release the records.
01 * Sec. 28. AS 12.63.010(b) is amended to read: 02 (b) A sex offender or child kidnapper required to register under (a) of this 03 section shall register with the Department of Corrections if the sex offender or child 04 kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 05 police department located nearest to where the sex offender or child kidnapper resides 06 at the time of registration. To fulfill the registration requirement, the sex offender or 07 child kidnapper shall 08 (1) complete a registration form that includes the following 09 information, if applicable: [, AT A MINIMUM,] 10 (A) the sex offender's or child kidnapper's full name, mailing 11 and physical addresses, school address, telephone numbers used by the sex 12 offender or child kidnapper, social security number, passport 13 information, citizenship status, physical address of employment, name of 14 employer, job title [PLACE OF EMPLOYMENT], and date of birth; 15 (B) each conviction for a sex offense or child kidnapping for 16 which the duty to register has not terminated under AS 12.63.020, the date of 17 the sex offense or child kidnapping convictions, the place and court of the sex 18 offense or child kidnapping convictions, and whether the sex offender or child 19 kidnapper has been unconditionally discharged from the conviction for a sex 20 offense or child kidnapping and the date of the unconditional discharge; if the 21 sex offender or child kidnapper asserts that the offender or kidnapper has been 22 unconditionally discharged, the offender or kidnapper shall supply proof of 23 that discharge acceptable to the department; 24 (C) all aliases used; 25 (D) the sex offender's or child kidnapper's driver's license 26 number; 27 (E) the description, license numbers, and vehicle identification 28 numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 29 recreational vehicles, the sex offender or child kidnapper has access to, 30 regardless of whether that access is regular or not; 31 (F) any identifying features of the sex offender or child
01 kidnapper; 02 (G) anticipated changes of address and any temporary 03 lodging used by the sex offender or child kidnapper for seven days or 04 more; 05 (H) a statement concerning whether the offender or kidnapper 06 has had treatment for a mental abnormality or personality disorder since the 07 date of conviction for an offense requiring registration under this chapter; 08 [AND] 09 (I) each electronic mail address, instant messaging address, and 10 other Internet communication identifier used by the sex offender or child 11 kidnapper; and 12 (J) professional licensing information; 13 (2) allow the Alaska state troopers, Department of Corrections, [OR] 14 municipal police, or any peace officer to take a complete set of the sex offender's or 15 child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 16 kidnapper's photograph. 17 * Sec. 29. AS 12.63.010(d) is amended to read: 18 (d) A sex offender or child kidnapper required to register 19 (1) for 15 years under (a) of this section and AS 12.63.020 shall, 20 annually, during the term of a duty to register under AS 12.63.020, on a date set by the 21 department at the time of the sex offender's or child kidnapper's initial registration, 22 provide written verification to the department, in the manner required by the 23 department, of the information provided under (b)(1) of this section [SEX 24 OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 25 the information previously provided under (b)(1) of this section; 26 (2) for life under (a) of this section and AS 12.63.020 shall, not less 27 than quarterly, on a date set by the department, provide written verification to the 28 department, in the manner required by the department, of the information provided 29 under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 30 ADDRESS] and notice of any changes to the information previously provided under 31 (b)(1) of this section.
01 * Sec. 30. AS 12.63.010 is amended by adding new subsections to read: 02 (g) If a sex offender or child kidnapper plans to leave the state after having 03 registered under (a) of this section, the sex offender or child kidnapper shall provide to 04 the department or a municipal police department in the state written notice of the plan 05 to leave the state at least seven calendar days before leaving the state. If a sex offender 06 or child kidnapper plans to leave the state for international travel after having 07 registered under (a) of this section, the sex offender or child kidnapper shall provide to 08 the department or a municipal police department in the state written notice of the plan 09 for any intended travel outside the United States at least 21 days before leaving the 10 state for international travel. 11 (h) If a sex offender or child kidnapper is away from the physical address 12 provided to the department under (b)(1)(A) of this section for a period of seven days 13 or more, the sex offender or child kidnapper shall notify the department in writing of 14 the address being used by the sex offender or child kidnapper while away from the 15 physical address provided under (b)(1)(A) of this section. 16 * Sec. 31. AS 12.63.020(a) is amended to read: 17 (a) The duty of a sex offender or child kidnapper to comply with the 18 requirements of AS 12.63.010 is as follows: 19 (1) for a sex offender or child kidnapper, as that term is defined in 20 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 21 (A) continues for the lifetime of a sex offender or child 22 kidnapper convicted of 23 (i) one aggravated sex offense; or 24 (ii) two or more sex offenses, two or more child 25 kidnappings, or one sex offense and one child kidnapping; for purposes 26 of this section, a person convicted of indecent exposure before a person 27 under 16 years of age under AS 11.41.460 more than two times has 28 been convicted of two or more sex offenses; 29 (B) ends 15 years following the sex offender's or child 30 kidnapper's unconditional discharge from a conviction for a single sex offense 31 that is not an aggravated sex offense or for a single child kidnapping if the sex
01 offender or child kidnapper has supplied proof that is acceptable to the 02 department of the unconditional discharge; the registration period under this 03 subparagraph 04 (i) is tolled for the period [EACH YEAR] that a sex 05 offender or child kidnapper fails to comply with the requirements of 06 this chapter or is incarcerated for the offense or kidnapping for which 07 the offender or kidnapper is required to register or for any other 08 offense; 09 (ii) may include the time a sex offender or child 10 kidnapper was absent from this state if the sex offender or child 11 kidnapper has complied with any sex offender or child kidnapper 12 registration requirements of the jurisdiction in which the offender or 13 kidnapper was located and if the sex offender or child kidnapper 14 provides the department with proof of the compliance while the sex 15 offender or child kidnapper was absent from this state; and 16 (iii) continues for a sex offender or child kidnapper who 17 has not supplied proof acceptable to the department of the offender's or 18 kidnapper's unconditional discharge for the sex offense or child 19 kidnapping requiring registration; 20 (2) for a sex offender or child kidnapper, as that term is defined in 21 AS 12.63.100(6)(B), the duty continues for the period determined by the department 22 under (b) of this section. 23 * Sec. 32. AS 12.63.100(7) is amended to read: 24 (7) "sex offense" means 25 (A) a crime under AS 11.41.100(a)(3), or a similar law of 26 another jurisdiction, in which the person committed or attempted to commit a 27 sexual offense, or a similar offense under the laws of the other jurisdiction; in 28 this subparagraph, "sexual offense" has the meaning given in 29 AS 11.41.100(a)(3); 30 (B) a crime under AS 11.41.110(a)(3), or a similar law of 31 another jurisdiction, in which the person committed or attempted to commit
01 one of the following crimes, or a similar law of another jurisdiction: 02 (i) sexual assault in the first degree; 03 (ii) sexual assault in the second degree; 04 (iii) sexual abuse of a minor in the first degree; or 05 (iv) sexual abuse of a minor in the second degree; 06 (C) a crime, or an attempt, solicitation, or conspiracy to commit 07 a crime, under the following statutes or a similar law of another jurisdiction: 08 (i) AS 11.41.410 - 11.41.438; 09 (ii) AS 11.41.440(a)(2); 10 (iii) AS 11.41.450 - 11.41.458; 11 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 12 exposure is before a person under 16 years of age and the offender has 13 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 14 (v) AS 11.61.125 - 11.61.128; 15 (vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 16 AS 26.05.900(b) if the person who was induced or caused to engage in 17 prostitution was under 20 years of age at the time of the offense; 18 (vii) former AS 11.15.120, former 11.15.134, or assault 19 with the intent to commit rape under former AS 11.15.160, former 20 AS 11.40.110, or former 11.40.200; 21 (viii) AS 11.61.118(a)(2) if the offender has a previous 22 conviction for that offense; 23 (ix) AS 11.66.100(a)(2) if the offender is subject to 24 punishment under AS 11.66.100(e); 25 (x) AS 26.05.890 if the person engaged in sexual 26 penetration or sexual contact with the victim; 27 (xi) AS 26.05.890 if, at the time of the offense, the 28 victim is under a duty to obey the lawful orders of the offender, 29 regardless of whether the offender is in the direct chain of command 30 over the victim; 31 (xii) AS 26.05.893 if the person engaged in sexual
01 penetration or sexual contact with the victim; 02 (xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 03 victim is under 18 years of age at the time of the offense; 04 (xiv) AS 26.05.900 if, at the time of the offense, the 05 victim is under a duty to obey the lawful orders of the offender, 06 regardless of whether the offender is in the direct chain of command 07 over the victim; [OR] 08 (xv) AS 11.61.123 if the offender is subject to 09 punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 10 (2)]; 11 (xvi) AS 11.61.130(a)(2); or 12 (xvii) AS 11.66.110 and 11.66.120; 13 (D) an offense, or an attempt, solicitation, or conspiracy to 14 commit an offense, under AS 26.05.935(b), or a similar law of another 15 jurisdiction, if the member of the militia commits one of the following 16 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 17 Code of Military Justice): 18 (i) child sexual abuse material [PORNOGRAPHY]; or 19 (ii) pandering and prostitution if the person who is 20 induced, enticed, caused, or procured to engage in a sexual act is under 21 20 years of age at the time of the offense; or 22 (E) an offense in which the person is required to register as a 23 sex offender under the laws of another jurisdiction; 24 * Sec. 33. AS 15.80.010(10) is amended to read: 25 (10) "felony involving moral turpitude" includes those crimes that are 26 immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 27 sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 28 coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 29 forgery device, offering a false instrument for recording, scheme to defraud, falsifying 30 business records, commercial bribe receiving, commercial bribery, bribery, receiving a 31 bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor,
01 escape, promoting contraband, interference with official proceedings, receiving a bribe 02 by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 03 evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 04 explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 05 misconduct involving a controlled substance or an imitation controlled substance, 06 permitting an escape, promoting gambling, possession of gambling records, 07 distribution of child sexual abuse material [PORNOGRAPHY], and possession of 08 child sexual abuse material [PORNOGRAPHY]; 09 * Sec. 34. AS 18.66.990(3) is amended to read: 10 (3) "domestic violence" and "crime involving domestic violence" mean 11 one or more of the following offenses or an offense under a law or ordinance of 12 another jurisdiction having elements similar to these offenses, or an attempt to commit 13 the offense, by a household member against another household member: 14 (A) a crime against the person under AS 11.41; 15 (B) burglary under AS 11.46.300 - 11.46.310; 16 (C) criminal trespass under AS 11.46.320 - 11.46.330; 17 (D) arson or criminally negligent burning under AS 11.46.400 - 18 11.46.430; 19 (E) criminal mischief under AS 11.46.475 - 11.46.486; 20 (F) terrorist threatening under AS 11.56.807 or 11.56.810; 21 (G) violating a protective order under AS 11.56.740(a)(1); 22 (H) harassment under AS 11.61.120(a)(2) - (4) or (6); [OR] 23 (I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 24 a pet; 25 (J) interfering with a report of a crime involving domestic 26 violence under AS 11.56.745 if the person interfering with the report is the 27 person who committed the underlying crime involving domestic violence; 28 or 29 (K) unlawful contact under AS 11.56.750 or 11.56.755; 30 * Sec. 35. AS 28.15.046(c) is amended to read: 31 (c) The department may not issue a license under this section to an applicant
01 (1) who has been convicted of any of the following offenses: 02 (A) a violation, or an attempt, solicitation, or conspiracy to 03 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 04 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 05 (B) a felony violation of endangering the welfare of a child in 06 the first degree under AS 11.51.100; 07 (C) felony indecent viewing or production of a picture under 08 AS 11.61.123; 09 (D) distribution of child sexual abuse material 10 [PORNOGRAPHY] under AS 11.61.125; 11 (E) possession of child sexual abuse material 12 [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 third degree under 17 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 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 21 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. 36. AS 47.12.110(d) is amended to read:
01 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 02 the adjudication of a minor as a delinquent shall be open to the public, except as 03 prohibited or limited by order of the court, if 04 (1) the department files with the court a motion asking the court to 05 open the hearing to the public, and the petition seeking adjudication of the minor as a 06 delinquent is based on 07 (A) the minor's alleged commission of an offense, and the 08 minor has knowingly failed to comply with all the terms and conditions 09 required of the minor by the department or imposed on the minor in a court 10 order entered under AS 47.12.040(a)(2) or 47.12.120; 11 (B) the minor's alleged commission of 12 (i) a crime against a person that is punishable as a 13 felony; 14 (ii) a crime in which the minor employed a deadly 15 weapon, as that term is defined in AS 11.81.900(b), in committing the 16 crime; 17 (iii) arson under AS 11.46.400 - 11.46.410; 18 (iv) burglary under AS 11.46.300; 19 (v) distribution of child sexual abuse material 20 [PORNOGRAPHY] under AS 11.61.125; 21 (vi) sex trafficking in the first degree under 22 AS 11.66.110; or 23 (vii) misconduct involving a controlled substance under 24 AS 11.71 involving the delivery of a controlled substance or the 25 possession of a controlled substance with intent to deliver, other than 26 an offense under AS 11.71.040 or 11.71.050; or 27 (C) the minor's alleged commission of a felony and the minor 28 was 16 years of age or older at the time of commission of the offense when the 29 minor has previously been convicted or adjudicated a delinquent minor based 30 on the minor's commission of an offense that is a felony; or 31 (2) the minor agrees to a public hearing on the petition seeking
01 adjudication of the minor as a delinquent. 02 * Sec. 37. AS 47.12.315(a) is amended to read: 03 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 04 section, the department shall disclose information to the public, on request, concerning 05 a minor subject to this chapter who was at least 13 years of age at the time of 06 commission of 07 (1) a felony offense against a person under AS 11.41; 08 (2) arson in the first or second degree; 09 (3) burglary in the first degree; 10 (4) distribution of child sexual abuse material [PORNOGRAPHY]; 11 (5) sex trafficking in the first degree; 12 (6) misconduct involving a controlled substance in the first, second, or 13 third degrees involving distribution or possession with intent to deliver; or 14 (7) misconduct involving weapons in the first through fourth degrees. 15 * Sec. 38. AS 47.14.300(a) is amended to read: 16 (a) The department, a state or municipal agency with expertise in child abuse 17 or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 18 as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act 19 of 1994) with expertise in child abuse or neglect, in partnership with the department, 20 may facilitate the initial establishment of a multidisciplinary child protection team. 21 The purpose of a team is to assist in the evaluation and investigation of reports of child 22 abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 23 department or a law enforcement agency; to assist in the evaluation and 24 investigation of reports of sexual contact or sexual penetration, as defined in 25 AS 11.81.900(b), occurring between children under 13 years of age; and to provide 26 consultation and coordination for agencies involved in child-in-need-of-aid cases 27 under AS 47.10. The multidisciplinary child protection teams shall 28 (1) ensure that investigations involving child abuse or neglect are 29 coordinated and conducted by trained investigators; 30 (2) take and recommend steps to avoid duplicative interviews of 31 children;
01 (3) assist in the reduction of trauma to a child and family involved in 02 an investigation of child abuse or neglect; and 03 (4) review records, provide consultation, and make recommendations 04 to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 05 the team by a team member. 06 * Sec. 39. AS 47.30 is amended by adding a new section to read: 07 Sec. 47.30.706. Detention for evaluation after finding of incompetence. (a) 08 If a person who has been charged with a felony offense against a person under 09 AS 11.41 or felony arson has been found incompetent to proceed under AS 12.47, 10 before the charges are dismissed, an attorney with the Department of Law shall 11 petition a court to have the person delivered to the nearest evaluation facility for an 12 evaluation under AS 47.30.710. 13 (b) Upon receiving a petition under (a) of this section, a court shall, unless the 14 presumption in (d) of this section has been successfully rebutted, issue an ex parte 15 order orally or in writing stating that there is probable cause to believe the respondent 16 is mentally ill and that condition causes the respondent to present a likelihood of 17 serious harm to self or others. The court shall appoint an attorney to represent the 18 respondent and may direct that a peace officer take the respondent into custody and 19 deliver the respondent to the nearest appropriate facility for evaluation. The ex parte 20 order shall be provided to the respondent and made a part of the respondent's clinical 21 record. The court shall set a date, time, and place for a 30-day commitment hearing, to 22 be held within 72 hours after the respondent's arrival at the evaluation facility. The 23 court shall confirm an oral order in writing within 24 hours after it is issued. 24 (c) A respondent taken into custody for evaluation under this section may not 25 be placed in a jail or other correctional facility except for protective custody purposes 26 and only while awaiting transportation to an evaluation facility. 27 (d) A defendant charged with a felony offense against a person under 28 AS 11.41 or felony arson and found to be incompetent to proceed under AS 12.47.100 29 is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to 30 self or others. In evaluating whether a defendant is likely to cause serious harm under 31 this section, the court may consider the conduct with which the defendant was
01 originally charged as evidence of recent behavior, regardless of any time spent in 02 custody. 03 * Sec. 40. AS 47.30.710(a) is amended to read: 04 (a) A respondent who is delivered under AS 47.30.700 - 47.30.706 05 [AS 47.30.700 - 47.30.705] to an evaluation facility for [EMERGENCY] examination 06 and treatment shall be examined and evaluated as to mental and physical condition by 07 a mental health professional and by a physician within 24 hours after arrival at the 08 facility. 09 * Sec. 41. AS 47.30.715 is repealed and reenacted to read: 10 Sec. 47.30.715. Procedure after order. (a) After the court grants an ex parte 11 order authorizing hospitalization for evaluation, the department shall immediately 12 transport a person who is detained at a medical or other facility, including a 13 correctional facility, to a crisis residential center or evaluation facility for an 14 evaluation. 15 (b) A person being detained while awaiting transportation to a crisis 16 residential center or evaluation facility may request a court hearing to review the 17 detention at any time. The hearing shall be held not later than 72 hours after the 18 request is filed. When the court rules on a request for review of the detention pending 19 transportation, the court shall consider the factors listed in (d) of this section. 20 (c) A person may not be detained for more than seven days while awaiting 21 transportation to a crisis residential center or evaluation facility; however, the 22 department or a facility detaining a person under AS 47.30.700 - 47.30.815 may file a 23 request to extend the detention based on the person continuing to meet the standards 24 for commitment under AS 47.30.700 and the need for a continued hold. The request 25 must be supported by the verified or certified statement of a mental health professional 26 and be served on the respondent, the respondent's attorney, and the division of the 27 Department of Law that has responsibility for civil cases. When the court decides a 28 request to extend the detention pending transportation, the court shall consider the 29 factors identified in (d) of this section. 30 (d) When ruling on a request to review or extend detention, the court shall 31 consider the totality of the circumstances, including
01 (1) the length of time the person has been detained; 02 (2) the reason the person has not yet been transported; 03 (3) the person's current medical and psychiatric condition; 04 (4) whether the person is gravely disabled or is likely to cause serious 05 harm to self or others; and 06 (5) whether the person is receiving treatment at the person's current 07 placement. 08 (e) The court shall schedule a hearing to decide a request for review under (b) 09 of this section or a request to extend detention under (c) of this section. The hearing 10 shall be held not later than 72 hours after the request for review or the request to 11 extend detention, as applicable. If a hearing is held after expiration of the seven-day 12 detention period, the detention shall be extended until the hearing. 13 (f) Regardless of whether a request to extend the respondent's detention has 14 been filed, if at any time in the course of the detention a mental health professional at 15 the detaining facility determines that the person does not meet the standards for 16 commitment under AS 47.30.700, the respondent shall be released and the facility 17 shall notify the petitioner, the respondent's attorney, the division of the Department of 18 Law that has responsibility for civil cases, and the court. 19 (g) When an evaluation facility receives a proper order for evaluation, it shall 20 accept the order and the respondent for an evaluation period not to exceed 72 hours. 21 The evaluation facility shall promptly notify the court of the date and time of the 22 respondent's arrival. The court shall set a date, time, and place for a 30-day 23 commitment hearing, to be held if needed within 72 hours after the respondent's 24 arrival, and the court shall notify the evaluation facility, the respondent, the 25 respondent's guardian, if any, the respondent's attorney, the petitioner's attorney, if 26 any, and the attorney general of the time and place of the hearing. Evaluation 27 personnel, when used, shall similarly notify the court of the date and time when they 28 first met with the respondent. 29 * Sec. 42. AS 47.30.725 is amended by adding new subsections to read: 30 (g) If a criminal charge of a felony offense against a person under AS 11.41 or 31 felony arson against a respondent has been dismissed under AS 12.47.110 and the
01 respondent is detained for evaluation or committed under AS 47.30.700 - 47.30.915, 02 (1) the Department of Law shall notify a victim in the dismissed 03 criminal case 04 (A) of the time and place of a hearing under AS 47.30.700 - 05 47.30.915; 06 (B) of the length of time for which the respondent is committed 07 and findings of fact made by the court; and 08 (C) when the respondent is discharged from commitment; and 09 (2) a victim in the dismissed criminal case may attend a hearing under 10 AS 47.30.700 - 47.30.915, but may not disclose confidential information from the 11 hearing. 12 (h) Subsection (g) of this section may not be construed to give a victim in a 13 dismissed criminal case the right to access a record that is confidential under 14 AS 47.30.845. 15 * Sec. 43. AS 47.30 is amended by adding a new section to read: 16 Sec. 47.30.727. Provision of records and notice following a finding of 17 incompetency in a criminal case. (a) Within 30 days after a respondent has been 18 found incompetent to proceed under AS 12.47.110 and committed under AS 47.30.700 19 - 47.30.915, and every 30 days thereafter until the civil commitment case has 20 concluded, the division of the Department of Law that has responsibility for civil cases 21 shall provide all information and records obtained during the civil commitment to the 22 division of the Department of Law that has responsibility for criminal cases. 23 (b) Records disclosed to the division of the Department of Law that has 24 responsibility for criminal cases under (a) of this section are confidential and may not 25 be disclosed to anyone unless disclosure is required by a court order or the respondent 26 provides written consent to the disclosure. If the records are used in the criminal 27 proceeding, the moving party shall file the records as confidential documents. 28 (c) A facility housing a respondent found incompetent to proceed under 29 AS 12.47.110 and committed under AS 47.30.700 - 47.30.915 shall provide notice to 30 the prosecutor in the criminal case of all hearings scheduled by the court in the civil 31 commitment case. The prosecutor, or a staff member of the prosecutor's office, may
01 attend a hearing in the civil commitment case but may not participate in the hearing as 02 a party. 03 * Sec. 44. AS 47.30.735(b) is amended to read: 04 (b) The hearing shall be conducted in a physical setting least likely to have a 05 harmful effect on the mental or physical health of the respondent, within practical 06 limits. At the hearing, in addition to other rights specified in AS 47.30.660 - 07 47.30.915, the respondent has the right 08 (1) to be present at the hearing; this right may be waived only with the 09 respondent's informed consent; if the respondent is incapable of giving informed 10 consent, the respondent may be excluded from the hearing only if the court, after 11 hearing, finds that the incapacity exists and that there is a substantial likelihood that 12 the respondent's presence at the hearing would be severely injurious to the 13 respondent's mental or physical health; 14 (2) to view and copy all petitions and reports in the court file of the 15 respondent's case; 16 (3) to have the hearing open or closed to the public as the respondent 17 elects, except that, if the respondent was charged with a felony offense against a 18 person under AS 11.41 or felony arson and the criminal case was dismissed under 19 AS 12.47.110, an alleged victim in the dismissed criminal case and the prosecutor, 20 or a staff member of the prosecutor's office, may attend the hearing, but may not 21 disclose confidential information from the hearing; 22 (4) to have the rules of evidence and civil procedure applied so as to 23 provide for the informal but efficient presentation of evidence; 24 (5) to have an interpreter if the respondent does not understand 25 English; 26 (6) to present evidence on the respondent's behalf; 27 (7) to cross-examine witnesses who testify against the respondent; 28 (8) to remain silent; 29 (9) to call experts and other witnesses to testify on the respondent's 30 behalf. 31 * Sec. 45. AS 47.30 is amended by adding a new section to read:
01 Sec. 47.30.771. Additional two-year commitment. (a) The respondent shall 02 be released from involuntary treatment at the expiration of 180 days unless the 03 professional person in charge or the attorney general's office files an additional 180- 04 day petition or a petition for a commitment of up to two years conforming to the 05 requirements of AS 47.30.740(a) except that all references to "30-day commitment" 06 shall be read as "the previous 180-day commitment" and all references to "90-day 07 commitment" shall be read as "two-year commitment." 08 (b) The procedures for service of the petition, notification of rights, and 09 judicial hearing shall be as set out in AS 47.30.740 - 47.30.750. Following a 180-day 10 commitment of a respondent, the court may order the respondent committed for an 11 additional treatment period not to exceed two years from the date on which the 180- 12 day treatment period would have expired if the court or jury finds by clear and 13 convincing evidence that 14 (1) the respondent is mentally ill and as a result is likely to cause 15 serious harm to self or others; 16 (2) the respondent has a criminal history that includes a felony offense 17 against a person under AS 11.41 or felony arson, including an offense for which the 18 respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110; 19 (3) the respondent has been found incompetent to stand trial under 20 AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41 or 21 felony arson and that finding of incompetence led directly to the respondent's current 22 period of commitment; and 23 (4) the period of commitment of the respondent, including a period of 24 commitment for more than 180 days but not more than two years, is necessary to 25 protect the public. 26 (c) Findings of fact relating to the respondent's behavior made at a 30-day 27 commitment hearing under AS 47.30.735, a 90-day commitment hearing under 28 AS 47.30.750, a 180-day commitment hearing under AS 47.30.770, or a two-year 29 commitment hearing under this section shall be admitted as evidence and may not be 30 rebutted except that newly discovered evidence may be used for the purpose of 31 rebutting the findings.
01 (d) Successive commitments are permissible on the same ground and under 02 the same procedures as the original commitment. An order of commitment may not 03 exceed two years. 04 (e) The department shall, by January 30 of each year, submit to the attorney 05 general, public defender, public advocate, Alaska Court System, and the attorney of 06 record for the respondent, if any, a report that details how many respondents are 07 committed under this section and how much time remains on each order of 08 commitment. 09 * Sec. 46. AS 47.30.780(a) is amended to read: 10 (a) Except as provided in (b) and (c) of this section, the professional person in 11 charge shall at any time discharge a respondent on the ground that the respondent is no 12 longer gravely disabled or likely to cause serious harm as a result of mental illness. A 13 certificate to this effect shall be sent to the court, which shall enter an order officially 14 terminating the involuntary commitment. 15 * Sec. 47. AS 47.30.780 is amended by adding new subsections to read: 16 (c) If a respondent committed under AS 47.30.770 or 47.30.771 has a criminal 17 history that includes a felony offense against a person under AS 11.41 or felony arson, 18 including an offense for which the respondent was found incompetent to stand trial 19 under AS 12.47.100 and 12.47.110, the professional person in charge may not 20 discharge the respondent under (a) of this section unless the court enters an order 21 officially terminating the involuntary commitment. The court shall give the 22 prosecuting authority 10 days' notice before the professional person in charge may 23 discharge a respondent under this subsection. 24 (d) Except as provided in (e) of this section, a respondent committed under 25 AS 47.30.771 may petition the court for early discharge at any time during the 26 commitment if the respondent presents some evidence demonstrating that the 27 respondent is no longer likely to cause serious harm to self or others. The court shall 28 grant early discharge unless the state proves by clear and convincing evidence that the 29 respondent remains likely to cause serious harm to self or others. 30 (e) A respondent may not file a petition for early discharge within 180 days 31 after the date the court enters an initial commitment order or a final order ruling on a
01 previous petition for early discharge. 02 * Sec. 48. AS 47.30.805(a) is amended to read: 03 (a) Except as provided in (b) of this section, 04 (1) computations of a 72-hour [EVALUATION] period under 05 AS 47.30.706, 47.30.708, [AS 47.30.708] or 47.30.715 or a 48-hour [DETENTION] 06 period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any 07 period of time necessary to transport the respondent to the treatment facility, except 08 that if the exclusion of Saturdays, Sundays, and legal holidays from the computation 09 of a 72-hour evaluation period or 48-hour detention period would result in the 10 respondent being held for longer than 72 hours or 48 hours, as applicable, the period 11 ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday; 12 (2) a seven-day detention at a crisis residential center expires at the end 13 of the seventh day following the respondent's arrival at the crisis stabilization center or 14 the crisis residential center, whichever is earlier; 15 (3) a 30-day commitment period expires at the end of the 30th day 16 after the 72 hours following initial acceptance; 17 (4) a 90-day commitment period expires at the end of the 90th day 18 after the expiration of a 30-day period of treatment; 19 (5) a 180-day commitment period expires at the end of the 180th day, 20 after the expiration of a 90-day period of treatment or previous 180-day period, 21 whichever is applicable; 22 (6) a two-year commitment period expires not later than two years 23 after the expiration of a 180-day period of treatment. 24 * Sec. 49. AS 47.30.845 is amended to read: 25 Sec. 47.30.845. Confidential records. Information and records obtained in the 26 course of a screening investigation, evaluation, examination, or treatment are 27 confidential and are not public records, except as the requirements of a hearing under 28 AS 47.30.660 - 47.30.915 may necessitate a different procedure. Information and 29 records may be copied and disclosed under regulations established by the department 30 only to 31 (1) a physician or a provider of health, mental health, or social and
01 welfare services involved in caring for, treating, or rehabilitating the patient; 02 (2) the patient or an individual to whom the patient has given written 03 consent to have information disclosed; 04 (3) a person authorized by a court order; 05 (4) a person doing research or maintaining health statistics if the 06 anonymity of the patient is assured and the facility recognizes the project as a bona 07 fide research or statistical undertaking; 08 (5) the Department of Corrections in a case in which a prisoner 09 confined to the state prison is a patient in the state hospital on authorized transfer 10 either by voluntary admission or by court order; 11 (6) a governmental or law enforcement agency when necessary to 12 secure the return of a patient who is on unauthorized absence from a facility where the 13 patient was undergoing evaluation or treatment; 14 (7) a law enforcement agency when there is substantiated concern over 15 imminent danger to the community by a presumed mentally ill person; 16 (8) the department in a case in which services provided under 17 AS 47.30.660 - 47.30.915 are paid for, in whole or in part, by the department or in 18 which a person has applied for or has received assistance from the department for 19 those services; 20 (9) the Department of Public Safety as provided in AS 47.30.907; 21 information provided under this paragraph may not include diagnostic or clinical 22 information regarding a patient; 23 (10) the Department of Law as provided in AS 47.30.727. 24 * Sec. 50. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 25 2019, is amended to read: 26 (c) The following sections apply to the duty to register as a sex offender for 27 offenses committed 28 (1) before, on, or after the effective date of those sections: 29 (A) [(1)] AS 12.63.010(d), as amended by sec. 82, ch. 4, 30 FSSLA 2019 [OF THIS ACT]; 31 (B) AS 12.63.020(a)(2) and (b) [(2) AS 12.63.020], as
01 amended by sec. 83, ch. 4, FSSLA 2019 [OF THIS ACT]; 02 (C) [(3)] AS 12.63.100(6), as amended by sec. 84, ch. 4, 03 FSSLA 2019 [OF THIS ACT]; 04 (D) AS 12.63.100(7)(E) [(4) AS 12.63.100(7)], as amended by 05 sec. 85, ch. 4, FSSLA 2019; 06 (2) on or after the effective date of those sections: 07 (A) AS 12.63.020(a)(1), as amended by sec. 83, ch. 4, FSSLA 08 2019; 09 (B) AS 12.63.100(7)(C), as amended by sec. 85, ch. 4, 10 FSSLA 2019 [OF THIS ACT]. 11 * Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 14 Procedure, is amended to read: 15 (s) Admissibility of Evidence. 16 (1) Evidence which would be legally admissible at trial shall be 17 admissible before the grand jury. Witnesses [IN APPROPRIATE CASES, 18 HOWEVER, WITNESSES] may be presented to summarize admissible evidence if 19 the admissible evidence will be available at trial. [EXCEPT AS STATED IN 20 SUBPARAGRAPHS (2), (3), AND (6), HEARSAY EVIDENCE SHALL NOT BE 21 PRESENTED TO THE GRAND JURY ABSENT COMPELLING JUSTIFICATION 22 FOR ITS INTRODUCTION. IF HEARSAY EVIDENCE IS PRESENTED TO THE 23 GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE 24 RECORD.] 25 (2) The rules regarding hearsay under Article VIII, Alaska Rules 26 of Evidence, do not apply to grand jury proceedings. 27 (3) [IN A PROSECUTION FOR AN OFFENSE UNDER 28 AS 11.41.410 - 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED 29 TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD 30 WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 31 EVIDENCE BEFORE THE GRAND JURY IF
01 (i) THE CIRCUMSTANCES OF THE STATEMENT 02 INDICATE ITS RELIABILITY; 03 (ii) THE CHILD IS UNDER 10 YEARS OF AGE 04 WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 05 ADMITTED; 06 (iii) ADDITIONAL EVIDENCE IS INTRODUCED 07 TO CORROBORATE THE STATEMENT; AND 08 (iv) THE CHILD TESTIFIES AT THE GRAND JURY 09 PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 10 TESTIFY AT TRIAL. 11 (3) HEARSAY EVIDENCE RELATED TO THE OFFENSE, NOT 12 OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE 13 THE GRAND JURY IF 14 (i) THE INDIVIDUAL PRESENTING THE 15 HEARSAY EVIDENCE IS A PEACE OFFICER INVOLVED IN THE 16 INVESTIGATION; AND 17 (ii) THE HEARSAY EVIDENCE CONSISTS OF THE 18 STATEMENT AND OBSERVATIONS MADE BY ANOTHER 19 PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 20 AND 21 (iii) ADDITIONAL EVIDENCE IS INTRODUCED 22 TO CORROBORATE THE STATEMENT. 23 (4)] If the testimony presented by a peace officer [UNDER 24 PARAGRAPH (3) OF THIS SECTION] is inaccurate because of intentional, grossly 25 negligent, or negligent misstatements or omissions, then the court shall dismiss an 26 indictment resulting from the testimony if the defendant shows that the inaccuracy 27 prejudices substantial rights of the defendant. 28 [(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 29 WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 30 CONDUCT IS INTENDED AS AN ASSERTION. 31 (6) WHEN A PRIOR CONVICTION IS AN ELEMENT OF AN
01 OFFENSE, HEARSAY EVIDENCE RECEIVED THROUGH THE ALASKA 02 PUBLIC SAFETY INFORMATION NETWORK OR FROM OTHER 03 GOVERNMENT AGENCIES OF PRIOR CONVICTIONS MAY BE PRESENTED 04 TO THE GRAND JURY.] 05 * Sec. 52. AS 12.40.110 is repealed. 06 * Sec. 53. AS 12.62.160(f)(4) is repealed January 1, 2028. 07 * Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. (a) AS 11.41.110(a) and (b), as amended by sec. 2 of this Act, 10 AS 11.41.110(c), enacted by sec. 3 of this Act, AS 11.41.120(a), as amended by sec. 4 of this 11 Act, AS 11.41.140, as amended by sec. 5 of this Act, AS 11.41.240, enacted by sec. 6 of this 12 Act, AS 11.41.260(a), as amended by sec. 7 of this Act, AS 11.71.010(a), as amended by sec. 13 13 of this Act, AS 11.71.010(b), as amended by sec. 14 of this Act, AS 11.71.021(a), as 14 amended by sec. 15 of this Act, AS 12.55.125(c), as amended by sec. 22 of this Act, and 15 AS 18.66.990(3), as amended by sec. 34 of this Act, apply to offenses committed on or after 16 the effective date of secs. 2 - 7, 13 - 15, 22, and 34 of this Act. 17 (b) AS 12.55.045(a), as amended by sec. 21 of this Act, applies to an order of 18 restitution for an offense committed on or after the effective date of sec. 21 of this Act. 19 (c) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 20 amended by sec. 28 of this Act, AS 12.63.010(d), as amended by sec. 29 of this Act, and 21 AS 12.63.010(g) and (h), enacted by sec. 30 of this Act, applies to the duty to register as a sex 22 offender or child kidnapper for offenses committed before, on, or after the effective date of 23 secs. 28 - 30 of this Act. 24 (d) AS 12.63.020(a), as amended by sec. 31 of this Act, applies to the tolling of the 25 duty to register as a sex offender or child kidnapper on or after the effective date of sec. 31 of 26 this Act for determinations of noncompliance made by the Department of Public Safety on or 27 after the effective date of sec. 31 of this Act. 28 (e) Nothing in AS 12.63.020(a), as amended by sec. 31 of this Act, may be construed 29 as invalidating a decision by the Department of Public Safety to toll the period of registration 30 or continue the period of registration under AS 12.63 before the effective date of sec. 31 of 31 this Act.
01 (f) AS 12.63.100(7), as amended by sec. 32 of this Act, applies to the duty to register 02 as a sex offender for offenses committed on or after the effective date of sec. 32 of this Act. 03 (g) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 51 of this Act, 04 applies to indictments occurring on or after the effective date of sec. 51 of this Act for 05 offenses committed before, on, or after the effective date of sec. 51 of this Act. 06 * Sec. 55. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 CONDITIONAL EFFECT. Rule 6(s), Alaska Rules of Criminal Procedure, as 09 amended by sec. 51 of this Act, takes effect only if sec. 51 of this Act receives the two-thirds 10 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 11 * Sec. 56. Section 50 of this Act takes effect immediately under AS 01.10.070(c). 12 * Sec. 57. Except as provided in sec. 56 of this Act, this Act takes effect January 1, 2025.