SCS CSHB 66(FIN): "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 sentencing; relating to competency to stand trial; relating to the duty to register as a sex offender; amending the definition of 'sex offense'; relating to multidisciplinary child protection teams; relating to involuntary civil commitments; relating to victims' rights during certain civil commitment proceedings; relating to the duties of the Department of Corrections; 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(FIN) 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 sentencing; relating to competency to stand trial; 06 relating to the duty to register as a sex offender; amending the definition of 'sex offense'; 07 relating to multidisciplinary child protection teams; relating to involuntary civil 08 commitments; relating to victims' rights during certain civil commitment proceedings; 09 relating to the duties of the Department of Corrections; amending Rule 6(s), Alaska 10 Rules of Criminal Procedure; and providing for an effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
01 to read: 02 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that, with the 03 state's rates of sexual assault and sexual abuse being some of the highest in the United States, 04 presenting evidence to a grand jury in state court should be similar to and not more difficult 05 than presenting evidence to a grand jury in federal court in the state. 06 (b) The legislature further finds that the Rights of Crime Victims in art. I, sec. 24, 07 Constitution of the State of Alaska, including the "right to be treated with dignity, respect, and 08 fairness during all phases of the criminal and juvenile justice process," supports allowing the 09 prosecution to present hearsay evidence to a grand jury, which is similar to the rules of federal 10 court in which the hearsay rules do not apply to grand jury proceedings. 11 (c) The legislature further finds that Rule 6(s), Alaska Rules of Criminal Procedure, 12 as amended by sec. 49 of this Act, is a response, in part, to the decision of the Alaska Court of 13 Appeals in State v. Powell, 487 P.3d 609 (Alaska App. 2021). 14 (d) The legislature further finds that 14 percent of the state's general population is 15 Alaska Native, yet 40 percent of the Department of Corrections' inmate population is Alaska 16 Native. The Alaska Native prison population is triple its representation in the general 17 population, indicating a general failure in efforts to prevent first encounters with the criminal 18 justice system and the lack of support required to prevent recidivism. 19 * Sec. 2. AS 11.41.110 is amended to read: 20 Sec. 11.41.110. Murder in the second degree. (a) A person commits the 21 crime of murder in the second degree if 22 (1) with intent to cause serious physical injury to another person or 23 knowing that the conduct is substantially certain to cause death or serious physical 24 injury to another person, the person causes the death of any person; 25 (2) the person knowingly engages in conduct that results in the death 26 of another person under circumstances manifesting an extreme indifference to the 27 value of human life; 28 (3) under circumstances not amounting to murder in the first degree 29 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 30 person commits or attempts to commit arson in the first degree, kidnapping, sexual 31 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor
01 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 02 degree, escape in the first or second degree, robbery in any degree, or misconduct 03 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 04 or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 05 in immediate flight from that crime, any person causes the death of a person other than 06 one of the participants; 07 (4) acting with a criminal street gang, the person commits or attempts 08 to commit a crime that is a felony and, in the course of or in furtherance of that crime 09 or in immediate flight from that crime, any person causes the death of a person other 10 than one of the participants; [OR] 11 (5) the person with criminal negligence causes the death of a child 12 under the age of 16, and the person has been previously convicted of a crime involving 13 a child under the age of 16 that was 14 (A) a felony violation of AS 11.41; 15 (B) in violation of a law or ordinance in another jurisdiction 16 with elements similar to a felony under AS 11.41; or 17 (C) an attempt, a solicitation, or a conspiracy to commit a 18 crime listed in (A) or (B) of this paragraph; or 19 (6) the person knowingly manufactures or delivers a controlled 20 substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 21 direct result of ingestion of the controlled substance; the death is a result that 22 does not require a culpable mental state. 23 (b) Except as provided in (c) of this section, murder [MURDER] in the 24 second degree is an unclassified felony and is punishable as provided in AS 12.55. 25 * Sec. 3. AS 11.41.110 is amended by adding a new subsection to read: 26 (c) In a prosecution for murder in the second degree under (a)(6) of this 27 section, it is an affirmative defense that reduces the crime to a class A felony that, at 28 the time of the offense, 29 (1) the defendant sought, in good faith, medical or law enforcement 30 assistance for the other person; 31 (2) the defendant remained at the scene with the other person until
01 medical or law enforcement assistance arrived; 02 (3) the defendant cooperated with medical or law enforcement 03 personnel, including by providing identification; and 04 (4) the offense involved small quantities of a controlled substance that 05 were not delivered for a profit. 06 * Sec. 4. AS 11.41.120(a) is amended to read: 07 (a) A person commits the crime of manslaughter if the person 08 (1) intentionally, knowingly, or recklessly causes the death of another 09 person under circumstances not amounting to murder in the first or second degree; 10 (2) intentionally aids another person to commit suicide; or 11 (3) knowingly manufactures or delivers a controlled substance in 12 violation of AS 11.71.030 [AS 11.71.010 - 11.71.030] or 11.71.040(a)(1) for schedule 13 IVA controlled substances, and another [A] person dies as a direct result of ingestion 14 of the controlled substance; the death is a result that does not require a culpable mental 15 state [; IN THIS PARAGRAPH, "INGESTION" MEANS VOLUNTARILY OR 16 INVOLUNTARILY TAKING A SUBSTANCE INTO THE BODY IN ANY 17 MANNER]. 18 * Sec. 5. AS 11.41.140 is amended to read: 19 Sec. 11.41.140. Definitions [DEFINITION]. In AS 11.41.100 - 11.41.140, 20 (1) "ingestion" means voluntarily or involuntarily taking a 21 substance into the body in any manner; 22 (2) "person" means, when referring to the victim of a crime, 23 [MEANS] a human being who has been born and was alive at the time of the criminal 24 act; a [. A] person is "alive" if there is spontaneous respiratory or cardiac function or, 25 when respiratory and cardiac functions are maintained by artificial means, there is 26 spontaneous brain function. 27 * Sec. 6. AS 11.41 is amended by adding a new section to read: 28 Sec. 11.41.240. Assault in the presence of a child. (a) A person commits the 29 crime of assault in the presence of a child if the person commits an assault under 30 AS 11.41.200 - 11.41.230 and the assault is a crime involving domestic violence, as 31 defined in AS 18.66.990, or commits a sexual assault under AS 11.41.410 - 11.41.427
01 with reckless disregard that, at the time of the assault, a child under 16 years of age is 02 present in the dwelling, vehicle, or location where the assault occurs. 03 (b) In this section, 04 (1) "dwelling" does not include another unit in multi-unit housing; 05 (2) "present" means physically present or within hearing of the assault. 06 (c) Assault in the presence of a child is a class A misdemeanor. 07 * Sec. 7. AS 11.41.260(a) is amended to read: 08 (a) A person commits the crime of stalking in the first degree if the person 09 violates AS 11.41.270 and 10 (1) the actions constituting the offense are in violation of an order 11 issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 12 under former AS 25.35.010(b) or 25.35.020; 13 (2) the actions constituting the offense are in violation of a condition of 14 probation, release before trial, release after conviction, or parole; 15 (3) the victim is under 16 years of age; 16 (4) at any time during the course of conduct constituting the offense, 17 the defendant possessed a deadly weapon; 18 (5) the defendant has been previously convicted of a crime under this 19 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 20 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 21 AS 11.56.740; or 22 (6) the defendant has been previously convicted of a crime, or an 23 attempt or solicitation to commit a crime, under (A) 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, 11.61.120, or (B) a 25 law or an ordinance of this or another jurisdiction with elements similar to a crime, or 26 an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 27 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 28 involving the same victim as the present offense. 29 * Sec. 8. AS 11.61.125(a) is amended to read: 30 (a) A person commits the crime of distribution of child sexual abuse material 31 [PORNOGRAPHY] if the person distributes in this state or advertises, promotes,
01 solicits, or offers to distribute in this state any material that is proscribed under 02 AS 11.61.127. 03 * Sec. 9. AS 11.61.125(e) is amended to read: 04 (e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 05 (1) class B felony; or 06 (2) class A felony if the person has been previously convicted of 07 distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 08 a similar crime in this or another jurisdiction. 09 * Sec. 10. AS 11.61.127(a) is amended to read: 10 (a) A person commits the crime of possession of child sexual abuse material 11 [PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 12 computer with intent to view any material that visually depicts conduct described in 13 AS 11.41.455(a) knowing that the production of the material involved the use of a 14 child under 18 years of age who engaged in the conduct or a depiction of a part of an 15 actual child under 18 years of age who, by manipulation, creation, or modification, 16 appears to be engaged in the conduct. 17 * Sec. 11. AS 11.61.127(g) is amended to read: 18 (g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 19 C felony. 20 * Sec. 12. AS 11.66.100(c) is amended to read: 21 (c) A person may not be prosecuted under (a)(1) of this section if the 22 (1) person witnessed or was a victim of, and reported to law 23 enforcement in good faith, one or more of the following crimes: 24 (A) murder in the first degree under AS 11.41.100; 25 (B) murder in the second degree under AS 11.41.110; 26 (C) manslaughter under AS 11.41.120; 27 (D) criminally negligent homicide under AS 11.41.130; 28 (E) assault in the first degree under AS 11.41.200; 29 (F) assault in the second degree under AS 11.41.210; 30 (G) assault in the third degree under AS 11.41.220; 31 (H) assault in the fourth degree under AS 11.41.230;
01 (I) sexual assault in the first degree under AS 11.41.410; 02 (J) sexual assault in the second degree under AS 11.41.420; 03 (K) sexual assault in the third degree under AS 11.41.425; 04 (L) sexual assault in the fourth degree under AS 11.41.427; 05 (M) sexual abuse of a minor in the first degree under 06 AS 11.41.434; 07 (N) sexual abuse of a minor in the second degree under 08 AS 11.41.436; 09 (O) sexual abuse of a minor in the third degree under 10 AS 11.41.438; 11 (P) sexual abuse of a minor in the fourth degree under 12 AS 11.41.440; 13 (Q) robbery in the first degree under AS 11.41.500; 14 (R) robbery in the second degree under AS 11.41.510; 15 (S) extortion under AS 11.41.520; 16 (T) coercion under AS 11.41.530; 17 (U) distribution of child sexual abuse material 18 [PORNOGRAPHY] under AS 11.61.125; 19 (V) possession of child sexual abuse material 20 [PORNOGRAPHY] under AS 11.61.127; 21 (W) sex trafficking in the first degree under AS 11.66.110; 22 (X) sex trafficking in the second degree under AS 11.66.120; 23 (Y) sex trafficking in the third degree under AS 11.66.130; or 24 (Z) sex trafficking in the fourth degree under AS 11.66.135; 25 (2) evidence supporting the prosecution under (a)(1) of this section 26 was obtained or discovered as a result of the person reporting the crime to law 27 enforcement; and 28 (3) person cooperated with law enforcement personnel. 29 * Sec. 13. AS 11.71.010(a) is amended to read: 30 (a) Except as authorized in AS 17.30, a person commits the crime of 31 misconduct involving a controlled substance in the first degree if the person
01 (1) delivers any amount of a schedule IA controlled substance to a 02 person under 19 years of age who is at least three years younger than the person 03 delivering the substance; 04 (2) delivers any amount of a schedule IIA or IIIA controlled substance 05 to a person under 19 years of age who is at least three years younger than the person 06 delivering the substance; [OR] 07 (3) engages in a continuing criminal enterprise; or 08 (4) delivers any amount of a schedule IA, IIA, IIIA, or IVA 09 controlled substance to a person who is 10 (A) mentally incapable; 11 (B) incapacitated; or 12 (C) unaware that a controlled substance is being delivered. 13 * Sec. 14. AS 11.71.010(b) is amended to read: 14 (b) For purposes of this section, 15 (1) a person is engaged in a "continuing criminal enterprise" if 16 (A) [(1)] the person commits a violation of this chapter which 17 is punishable as a felony; and 18 (B) [(2)] that violation is a part of a continuing series of five or 19 more violations of this chapter 20 (i) [(A)] which the person undertakes in concert with at 21 least five other persons organized, supervised, or otherwise managed by 22 the person; and 23 (ii) [(B)] from which the person obtains substantial 24 income or resources; 25 (2) "incapacitated" has the meaning given in AS 11.41.470; 26 (3) "mentally incapable" has the meaning given in AS 11.41.470. 27 * Sec. 15. AS 11.71.021(a) is amended to read: 28 (a) Except as authorized in AS 17.30, a person commits the crime of 29 misconduct involving a controlled substance in the second degree if the person 30 (1) manufactures or delivers any amount of a schedule IA controlled 31 substance or possesses any amount of a schedule IA controlled substance with intent
01 to manufacture or deliver; 02 (2) manufactures or delivers any material, compound, mixture, or 03 preparation that contains 04 (A) methamphetamine, or its salts, isomers, or salts of isomers; 05 or 06 (B) an immediate precursor of methamphetamine, or its salts, 07 isomers, or salts of isomers; 08 (3) possesses an immediate precursor of methamphetamine, or the 09 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 10 with the intent to manufacture any material, compound, mixture, or preparation that 11 contains methamphetamine, or its salts, isomers, or salts of isomers; 12 (4) possesses a listed chemical with intent to manufacture any material, 13 compound, mixture, or preparation that contains 14 (A) methamphetamine, or its salts, isomers, or salts of isomers; 15 or 16 (B) an immediate precursor of methamphetamine, or its salts, 17 isomers, or salts of isomers; 18 (5) possesses methamphetamine in an organic solution with intent to 19 extract from it methamphetamine, or its salts, isomers, or salts of isomers; or 20 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 21 delivers 22 (A) an immediate precursor of methamphetamine, or the salts, 23 isomers, or salts of isomers of the immediate precursor of methamphetamine, 24 to another person with reckless disregard that the precursor will be used to 25 manufacture any material, compound, mixture, or preparation that contains 26 methamphetamine, or its salts, isomers, or salts of isomers; or 27 (B) a listed chemical to another person with reckless disregard 28 that the listed chemical will be used to manufacture any material, compound, 29 mixture, or preparation that contains 30 (i) methamphetamine, or its salts, isomers, or salts of 31 isomers;
01 (ii) an immediate precursor of methamphetamine, or its 02 salts, isomers, or salts of isomers; or 03 (iii) methamphetamine, or its salts, isomers, or salts of 04 isomers in an organic solution. 05 * Sec. 16. AS 12.10.010(a) is amended to read: 06 (a) Prosecution for the following offenses may be commenced at any time: 07 (1) murder; 08 (2) attempt, solicitation, or conspiracy to commit murder or hindering 09 the prosecution of murder; 10 (3) felony sexual abuse of a minor; 11 (4) sexual assault that is an unclassified, class A, or class B felony or a 12 violation of AS 11.41.425(a)(2) - (4); 13 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 14 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 15 who, at the time of the offense, was under 18 years of age; 16 (6) kidnapping; 17 (7) distribution of child sexual abuse material [PORNOGRAPHY] in 18 violation of AS 11.61.125; 19 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 20 unclassified, class A, or class B felony or that is committed against a person who, at 21 the time of the offense, was under 20 years of age; 22 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 23 * Sec. 17. AS 12.47.070(a) is amended to read: 24 (a) If a defendant has filed a notice of intention to rely on the affirmative 25 defense of insanity under AS 12.47.010 or has filed notice under AS 12.47.020(a), or 26 there is reason to doubt the defendant's fitness to proceed, or there is reason to believe 27 that a mental disease or defect of the defendant will otherwise become an issue in the 28 case, the court shall appoint a qualified psychiatrist or psychologist [AT LEAST 29 TWO QUALIFIED PSYCHIATRISTS OR TWO FORENSIC PSYCHOLOGISTS 30 CERTIFIED BY THE AMERICAN BOARD OF FORENSIC PSYCHOLOGY] to 31 examine and report on [UPON] the mental condition of the defendant. If the court
01 appoints a psychiatrist [PSYCHIATRISTS], the psychiatrist [PSYCHIATRISTS] 02 may select psychologists to provide assistance. If the defendant has filed notice under 03 AS 12.47.090(a), the report shall consider whether the defendant can still be 04 committed under AS 12.47.090(c). The court may order the defendant to be committed 05 to a secure facility for the purpose of the examination for not more than 60 days or for 06 a [SUCH] longer period as the court determines to be necessary for the purpose and 07 may direct that a qualified psychiatrist retained by the defendant be permitted to 08 witness and participate in the examination. 09 * Sec. 18. AS 12.47.100(b) is amended to read: 10 (b) If, before imposition of sentence, the prosecuting attorney or the attorney 11 for the defendant has reasonable cause to believe that the defendant is presently 12 suffering from a mental disease or defect that causes the defendant to be unable to 13 understand the proceedings or to assist in the person's own defense, the attorney may 14 file a motion for a judicial determination of the competency of the defendant. Upon 15 that motion, or upon its own motion, the court, if justified by findings of fact and 16 conclusions of law, shall have the defendant examined by at least one qualified 17 psychiatrist or psychologist, who shall report to the court concerning the competency 18 of the defendant. For the purpose of the examination, the court may order the 19 defendant committed for a reasonable period to a suitable hospital or other facility 20 designated by the court. If the report of the psychiatrist or psychologist indicates that 21 the defendant is incompetent, the court shall hold a hearing, upon due notice, at which 22 evidence as to the competency of the defendant may be submitted, including that of 23 the reporting psychiatrist or psychologist, and make appropriate findings. Before the 24 hearing, the court shall, upon request of the prosecuting attorney, order the defendant 25 to submit to an additional evaluation by a psychiatrist or psychologist designated by 26 the prosecuting attorney. 27 * Sec. 19. AS 12.47.100 is amended by adding new subsections to read: 28 (i) The court may order a defendant to be examined under this section at an 29 outpatient clinic or other facility as a condition of the defendant's release under 30 AS 12.30. In considering the conditions of a defendant's release under this subsection, 31 the court shall, in addition to any applicable requirement under AS 12.30, consider
01 (1) any medical information provided by the Department of Family 02 and Community Services; 03 (2) the defendant's mental condition; 04 (3) the defendant's level of need for evaluation and treatment under 05 this chapter; 06 (4) the defendant's ability to participate in outpatient treatment; and 07 (5) the defendant's history of evaluation and treatment under this 08 chapter. 09 (j) If the defendant is charged with a felony offense against a person under 10 AS 11.41 or felony arson, a qualified psychiatrist or psychologist conducting an 11 examination under (b) of this section may, at the same time, evaluate the defendant to 12 determine whether the defendant meets the standards for involuntary commitment 13 under AS 47.30.700 - 47.30.915. 14 (k) In making findings of fact and conclusions of law under (b) of this section, 15 a court may rely on a defense attorney's representation. 16 * Sec. 20. AS 12.47.110 is amended by adding new subsections to read: 17 (f) The court may order a defendant to receive further evaluation and 18 treatment under (a) or (b) of this section at an outpatient clinic or other facility as a 19 condition of the defendant's release under AS 12.30. In considering the conditions of a 20 defendant's release under this subsection, the court shall, in addition to any applicable 21 requirement under AS 12.30, consider 22 (1) any medical information provided by the Department of Family 23 and Community Services; 24 (2) the defendant's mental condition; 25 (3) the defendant's level of need for evaluation and treatment under 26 this chapter; 27 (4) the defendant's ability to participate in outpatient treatment; and 28 (5) the defendant's history of evaluation and treatment under this 29 chapter. 30 (g) Before criminal charges against a defendant charged with a felony offense 31 against a person under AS 11.41 or felony arson are dismissed under (b) of this
01 section, the prosecutor shall 02 (1) file a petition seeking involuntary commitment of the defendant 03 under AS 47.30.706 before dismissal of the charges; 04 (2) notify the division of the Department of Law that has responsibility 05 for civil cases of the petition within 24 hours after filing the petition; and 06 (3) provide the court's findings to the division of the Department of 07 Law that has responsibility for civil cases within 24 hours after the court's ruling. 08 * Sec. 21. AS 12.55.125(c) is amended to read: 09 (c) Except as provided in (i) of this section, a defendant convicted of a class A 10 felony may be sentenced to a definite term of imprisonment of not more than 20 years, 11 and shall be sentenced to a definite term within the following presumptive ranges, 12 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 13 (1) if the offense is a first felony conviction and does not involve 14 circumstances described in (2) of this subsection, four to seven years; 15 (2) if the offense is a first felony conviction 16 (A) and the defendant possessed a firearm, used a dangerous 17 instrument, or caused serious physical injury or death during the commission 18 of the offense, or knowingly directed the conduct constituting the offense at a 19 uniformed or otherwise clearly identified peace officer, firefighter, correctional 20 employee, emergency medical technician, paramedic, ambulance attendant, or 21 other emergency responder who was engaged in the performance of official 22 duties at the time of the offense, seven to 11 years; 23 (B) and the conviction is for manufacturing related to 24 methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 25 (i) the manufacturing occurred in a building with 26 reckless disregard that the building was used as a permanent or 27 temporary home or place of lodging for one or more children under 18 28 years of age or the building was a place frequented by children; or 29 (ii) in the course of manufacturing or in preparation for 30 manufacturing, the defendant obtained the assistance of one or more 31 children under 18 years of age or one or more children were present;
01 (C) and the conviction is for manufacturing or delivery 02 under AS 11.71.021(a)(1) related to a schedule IA controlled substance set 03 out in AS 11.71.140(c)(29) or under AS 11.71.021(a)(6) related to a 04 schedule IIA controlled substance set out in AS 11.71.150(e)(2), four to 11 05 years; 06 (3) if the offense is a second felony conviction, 10 to 14 years; 07 (4) if the offense is a third felony conviction and the defendant is not 08 subject to sentencing under (l) of this section, 15 to 20 years. 09 * Sec. 22. AS 12.55.125(i) is amended to read: 10 (i) A defendant convicted of 11 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 12 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 13 under AS 11.41.455(c)(2), or sex trafficking in the first degree under 14 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 15 than 99 years and shall be sentenced to a definite term within the following 16 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 17 (A) if the offense is a first felony conviction, the offense does 18 not involve circumstances described in (B) of this paragraph, and the victim 19 was 20 (i) less than 13 years of age, 25 to 35 years; 21 (ii) 13 years of age or older, 20 to 30 years; 22 (B) if the offense is a first felony conviction and the defendant 23 possessed a firearm, used a dangerous instrument, or caused serious physical 24 injury during the commission of the offense, 25 to 35 years; 25 (C) if the offense is a second felony conviction and does not 26 involve circumstances described in (D) of this paragraph, 30 to 40 years; 27 (D) if the offense is a second felony conviction and the 28 defendant has a prior conviction for a sexual felony, 35 to 45 years; 29 (E) if the offense is a third felony conviction and the defendant 30 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 31 to 60 years;
01 (F) if the offense is a third felony conviction, the defendant is 02 not subject to sentencing under (l) of this section, and the defendant has two 03 prior convictions for sexual felonies, 99 years; 04 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 05 unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 06 under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 07 in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 08 minor in the first degree, or sex trafficking in the first degree under 09 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 10 than 99 years and shall be sentenced to a definite term within the following 11 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 12 (A) if the offense is a first felony conviction, the offense does 13 not involve circumstances described in (B) of this paragraph, and the victim 14 was 15 (i) under 13 years of age, 20 to 30 years; 16 (ii) 13 years of age or older, 15 to 30 years; 17 (B) if the offense is a first felony conviction and the defendant 18 possessed a firearm, used a dangerous instrument, or caused serious physical 19 injury during the commission of the offense, 25 to 35 years; 20 (C) if the offense is a second felony conviction and does not 21 involve circumstances described in (D) of this paragraph, 25 to 35 years; 22 (D) if the offense is a second felony conviction and the 23 defendant has a prior conviction for a sexual felony, 30 to 40 years; 24 (E) if the offense is a third felony conviction, the offense does 25 not involve circumstances described in (F) of this paragraph, and the defendant 26 is not subject to sentencing under (l) of this section, 35 to 50 years; 27 (F) if the offense is a third felony conviction, the defendant is 28 not subject to sentencing under (l) of this section, and the defendant has two 29 prior convictions for sexual felonies, 99 years; 30 (3) sexual assault in the second degree, sexual abuse of a minor in the 31 second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the
01 first degree under AS 11.41.458(b)(2), distribution of child sexual abuse material 02 [PORNOGRAPHY] under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation 03 to commit sexual assault in the first degree under AS 11.41.410(a)(1)(B) 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, five to 15 years; 08 (B) if the offense is a second felony conviction and does not 09 involve circumstances described in (C) of this paragraph, 10 to 25 years; 10 (C) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 15 to 30 years; 12 (D) if the offense is a third felony conviction and does not 13 involve circumstances described in (E) of this paragraph, 20 to 35 years; 14 (E) if the offense is a third felony conviction and the defendant 15 has two prior convictions for sexual felonies, 99 years; 16 (4) sexual assault in the third degree, sexual abuse of a minor in the 17 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 18 AS 11.41.458(b)(1), indecent viewing or production of a picture under 19 AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], possession of child sexual 20 abuse material [PORNOGRAPHY], distribution of child sexual abuse material 21 [PORNOGRAPHY] under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation 22 to commit sexual assault in the second degree, sexual abuse of a minor in the second 23 degree, unlawful exploitation of a minor, or distribution of child sexual abuse 24 material [PORNOGRAPHY], may be sentenced to a definite term of imprisonment of 25 not more than 99 years and shall be sentenced to a definite term within the following 26 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 27 (A) if the offense is a first felony conviction 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 sexual abuse 05 material [PORNOGRAPHY], or received a financial benefit or had a financial 06 interest in a child sexual abuse material [PORNOGRAPHY] sharing or 07 distribution mechanism, six to 14 years; 08 (D) if the offense is a second felony conviction and does not 09 involve circumstances described in (E) of this paragraph, eight to 15 years; 10 (E) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 12 to 20 years; 12 (F) if the offense is a third felony conviction and does not 13 involve circumstances described in (G) of this paragraph, 15 to 25 years; 14 (G) if the offense is a third felony conviction and the defendant 15 has two prior convictions for sexual felonies, 99 years. 16 * Sec. 23. AS 12.55.127(c) is amended to read: 17 (c) If the defendant is being sentenced for 18 (1) escape, the term of imprisonment shall be consecutive to the term 19 for the underlying crime; 20 (2) two or more crimes under AS 11.41, a consecutive term of 21 imprisonment shall be imposed for at least 22 (A) the mandatory minimum term under AS 12.55.125(a) for 23 each additional crime that is murder in the first degree; 24 (B) the mandatory minimum term for each additional crime 25 that is an unclassified felony governed by AS 12.55.125(b); 26 (C) the presumptive term specified in AS 12.55.125(c) or the 27 active term of imprisonment, whichever is less, for each additional crime that 28 is 29 (i) manslaughter; or 30 (ii) kidnapping that is a class A felony; 31 (D) two years or the active term of imprisonment, whichever is
01 less, for each additional crime that is criminally negligent homicide; 02 (E) one-fourth of the presumptive term under AS 12.55.125(c) 03 or (i) for each additional crime that is sexual assault in the first degree under 04 AS 11.41.410 or sexual abuse of a minor in the first degree under 05 AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 06 offenses; and 07 (F) some additional term of imprisonment for each additional 08 crime, or each additional attempt or solicitation to commit the offense, under 09 AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 10 11.41.500 - 11.41.520; 11 (3) two or more crimes of violation of condition of release under 12 AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 13 additional term of imprisonment for the underlying crime and each additional 14 crime under AS 11.56.757. 15 * Sec. 24. AS 12.55.127(d) is amended to read: 16 (d) If the defendant is being sentenced for two or more crimes of distribution 17 of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 18 of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 19 distribution of indecent material to minors under AS 11.61.128, a consecutive term of 20 imprisonment shall be imposed for some additional term of imprisonment for each 21 additional crime or each additional attempt or solicitation to commit the offense. 22 * Sec. 25. AS 12.55.185(16) is amended to read: 23 (16) "sexual felony" means sexual assault in the first degree, sexual 24 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 25 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 26 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 27 indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2) 28 [AS 11.61.123(f)(1) OR (2)], distribution of child sexual abuse material 29 [PORNOGRAPHY], sexual assault in the third degree, incest, indecent exposure in 30 the first degree, possession of child sexual abuse material [PORNOGRAPHY], 31 enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those
01 crimes; 02 * Sec. 26. AS 12.63.010(b) is amended to read: 03 (b) A sex offender or child kidnapper required to register under (a) of this 04 section shall register with the Department of Corrections if the sex offender or child 05 kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 06 police department located nearest to where the sex offender or child kidnapper resides 07 at the time of registration. To fulfill the registration requirement, the sex offender or 08 child kidnapper shall 09 (1) complete a registration form that includes the following 10 information, if applicable: [, AT A MINIMUM,] 11 (A) the sex offender's or child kidnapper's full name, mailing 12 and physical addresses, school address, telephone numbers used by the sex 13 offender or child kidnapper, social security number, passport 14 information, citizenship status, physical address of employment, name of 15 employer, job title [PLACE OF EMPLOYMENT], and date of birth; 16 (B) each conviction for a sex offense or child kidnapping for 17 which the duty to register has not terminated under AS 12.63.020, the date of 18 the sex offense or child kidnapping convictions, the place and court of the sex 19 offense or child kidnapping convictions, and whether the sex offender or child 20 kidnapper has been unconditionally discharged from the conviction for a sex 21 offense or child kidnapping and the date of the unconditional discharge; if the 22 sex offender or child kidnapper asserts that the offender or kidnapper has been 23 unconditionally discharged, the offender or kidnapper shall supply proof of 24 that discharge acceptable to the department; 25 (C) all aliases used; 26 (D) the sex offender's or child kidnapper's driver's license 27 number; 28 (E) the description, license numbers, and vehicle identification 29 numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 30 recreational vehicles, the sex offender or child kidnapper has access to, 31 regardless of whether that access is regular or not;
01 (F) any identifying features of the sex offender or child 02 kidnapper; 03 (G) anticipated changes of address and any temporary 04 lodging used by the sex offender or child kidnapper for seven days or 05 more; 06 (H) a statement concerning whether the offender or kidnapper 07 has had treatment for a mental abnormality or personality disorder since the 08 date of conviction for an offense requiring registration under this chapter; 09 [AND] 10 (I) each electronic mail address, instant messaging address, and 11 other Internet communication identifier used by the sex offender or child 12 kidnapper; and 13 (J) professional licensing information; 14 (2) allow the Alaska state troopers, Department of Corrections, [OR] 15 municipal police, or any peace officer to take a complete set of the sex offender's or 16 child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 17 kidnapper's photograph. 18 * Sec. 27. AS 12.63.010(d) is amended to read: 19 (d) A sex offender or child kidnapper required to register 20 (1) for 15 years under (a) of this section and AS 12.63.020 shall, 21 annually, during the term of a duty to register under AS 12.63.020, on a date set by the 22 department at the time of the sex offender's or child kidnapper's initial registration, 23 provide written verification to the department, in the manner required by the 24 department, of the information provided under (b)(1) of this section [SEX 25 OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 26 the information previously provided under (b)(1) of this section; 27 (2) for life under (a) of this section and AS 12.63.020 shall, not less 28 than quarterly, on a date set by the department, provide written verification to the 29 department, in the manner required by the department, of the information provided 30 under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 31 ADDRESS] and notice of any changes to the information previously provided under
01 (b)(1) of this section. 02 * Sec. 28. AS 12.63.010 is amended by adding new subsections to read: 03 (g) If a sex offender or child kidnapper plans to leave the state for 04 international travel after having registered under (a) of this section, the sex offender or 05 child kidnapper shall provide to the department or a municipal police department in 06 the state written notice of the plan for any intended travel outside the United States at 07 least 21 days before leaving the state for international travel. 08 (h) If a sex offender or child kidnapper is away from the physical address 09 provided to the department under (b)(1)(A) of this section for a period of seven days 10 or more, the sex offender or child kidnapper shall notify the department in writing of 11 the address being used by the sex offender or child kidnapper while away from the 12 physical address provided under (b)(1)(A) of this section. 13 * Sec. 29. AS 12.63.020(a) is amended to read: 14 (a) The duty of a sex offender or child kidnapper to comply with the 15 requirements of AS 12.63.010 is as follows: 16 (1) for a sex offender or child kidnapper, as that term is defined in 17 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 18 (A) continues for the lifetime of a sex offender or child 19 kidnapper convicted of 20 (i) one aggravated sex offense; or 21 (ii) two or more sex offenses, two or more child 22 kidnappings, or one sex offense and one child kidnapping; for purposes 23 of this section, a person convicted of indecent exposure before a person 24 under 16 years of age under AS 11.41.460 more than two times has 25 been convicted of two or more sex offenses; 26 (B) ends 15 years following the sex offender's or child 27 kidnapper's unconditional discharge from a conviction for a single sex offense 28 that is not an aggravated sex offense or for a single child kidnapping if the sex 29 offender or child kidnapper has supplied proof that is acceptable to the 30 department of the unconditional discharge; the registration period under this 31 subparagraph
01 (i) is tolled for the period [EACH YEAR] that a sex 02 offender or child kidnapper fails to comply with the requirements of 03 this chapter or is incarcerated for the offense or kidnapping for which 04 the offender or kidnapper is required to register or for any other 05 offense; 06 (ii) may include the time a sex offender or child 07 kidnapper was absent from this state if the sex offender or child 08 kidnapper has complied with any sex offender or child kidnapper 09 registration requirements of the jurisdiction in which the offender or 10 kidnapper was located and if the sex offender or child kidnapper 11 provides the department with proof of the compliance while the sex 12 offender or child kidnapper was absent from this state; and 13 (iii) continues for a sex offender or child kidnapper who 14 has not supplied proof acceptable to the department of the offender's or 15 kidnapper's unconditional discharge for the sex offense or child 16 kidnapping requiring registration; 17 (2) for a sex offender or child kidnapper, as that term is defined in 18 AS 12.63.100(6)(B), the duty continues for the period determined by the department 19 under (b) of this section. 20 * Sec. 30. AS 12.63.100(7) is amended to read: 21 (7) "sex offense" means 22 (A) a crime under AS 11.41.100(a)(3), or a similar law of 23 another jurisdiction, in which the person committed or attempted to commit a 24 sexual offense, or a similar offense under the laws of the other jurisdiction; in 25 this subparagraph, "sexual offense" has the meaning given in 26 AS 11.41.100(a)(3); 27 (B) a crime under AS 11.41.110(a)(3), or a similar law of 28 another jurisdiction, in which the person committed or attempted to commit 29 one of the following crimes, or a similar law of another jurisdiction: 30 (i) sexual assault in the first degree; 31 (ii) sexual assault in the second degree;
01 (iii) sexual abuse of a minor in the first degree; or 02 (iv) sexual abuse of a minor in the second degree; 03 (C) a crime, or an attempt, solicitation, or conspiracy to commit 04 a crime, under the following statutes or a similar law of another jurisdiction: 05 (i) AS 11.41.410 - 11.41.438; 06 (ii) AS 11.41.440(a)(2); 07 (iii) AS 11.41.450 - 11.41.458; 08 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 09 exposure is before a person under 16 years of age and the offender has 10 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 11 (v) AS 11.61.125 - 11.61.128; 12 (vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 13 AS 26.05.900(b) if the person who was induced or caused to engage in 14 prostitution was under 20 years of age at the time of the offense; 15 (vii) former AS 11.15.120, former 11.15.134, or assault 16 with the intent to commit rape under former AS 11.15.160, former 17 AS 11.40.110, or former 11.40.200; 18 (viii) AS 11.61.118(a)(2) if the offender has a previous 19 conviction for that offense; 20 (ix) AS 11.66.100(a)(2) if the offender is subject to 21 punishment under AS 11.66.100(e); 22 (x) AS 26.05.890 if the person engaged in sexual 23 penetration or sexual contact with the victim; 24 (xi) AS 26.05.890 if, at the time of the offense, the 25 victim is under a duty to obey the lawful orders of the offender, 26 regardless of whether the offender is in the direct chain of command 27 over the victim; 28 (xii) AS 26.05.893 if the person engaged in sexual 29 penetration or sexual contact with the victim; 30 (xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 31 victim is under 18 years of age at the time of the offense;
01 (xiv) AS 26.05.900 if, at the time of the offense, the 02 victim is under a duty to obey the lawful orders of the offender, 03 regardless of whether the offender is in the direct chain of command 04 over the victim; [OR] 05 (xv) AS 11.61.123 if the offender is subject to 06 punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 07 (2)]; 08 (xvi) AS 11.61.130(a)(2); or 09 (xvii) AS 11.66.110 and 11.66.120; 10 (D) an offense, or an attempt, solicitation, or conspiracy to 11 commit an offense, under AS 26.05.935(b), or a similar law of another 12 jurisdiction, if the member of the militia commits one of the following 13 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 14 Code of Military Justice): 15 (i) child sexual abuse material [PORNOGRAPHY]; or 16 (ii) pandering and prostitution if the person who is 17 induced, enticed, caused, or procured to engage in a sexual act is under 18 20 years of age at the time of the offense; or 19 (E) an offense in which the person is required to register as a 20 sex offender under the laws of another jurisdiction; 21 * Sec. 31. AS 15.80.010(10) is amended to read: 22 (10) "felony involving moral turpitude" includes those crimes that are 23 immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 24 sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 25 coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 26 forgery device, offering a false instrument for recording, scheme to defraud, falsifying 27 business records, commercial bribe receiving, commercial bribery, bribery, receiving a 28 bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 29 escape, promoting contraband, interference with official proceedings, receiving a bribe 30 by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 31 evidence, hindering prosecution, terroristic threatening, riot, criminal possession of
01 explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 02 misconduct involving a controlled substance or an imitation controlled substance, 03 permitting an escape, promoting gambling, possession of gambling records, 04 distribution of child sexual abuse material [PORNOGRAPHY], and possession of 05 child sexual abuse material [PORNOGRAPHY]; 06 * Sec. 32. AS 18.66.990(3) is amended to read: 07 (3) "domestic violence" and "crime involving domestic violence" mean 08 one or more of the following offenses or an offense under a law or ordinance of 09 another jurisdiction having elements similar to these offenses, or an attempt to commit 10 the offense, by a household member against another household member: 11 (A) a crime against the person under AS 11.41; 12 (B) burglary under AS 11.46.300 - 11.46.310; 13 (C) criminal trespass under AS 11.46.320 - 11.46.330; 14 (D) arson or criminally negligent burning under AS 11.46.400 - 15 11.46.430; 16 (E) criminal mischief under AS 11.46.475 - 11.46.486; 17 (F) terrorist threatening under AS 11.56.807 or 11.56.810; 18 (G) violating a protective order under AS 11.56.740(a)(1); 19 (H) harassment under AS 11.61.120(a)(2) - (4) or (6); [OR] 20 (I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 21 a pet; 22 (J) interfering with a report of a crime involving domestic 23 violence under AS 11.56.745 if the person interfering with the report is the 24 person who committed the underlying crime involving domestic violence; 25 or 26 (K) unlawful contact under AS 11.56.750 or 11.56.755; 27 * Sec. 33. AS 28.15.046(c) is amended to read: 28 (c) The department may not issue a license under this section to an applicant 29 (1) who has been convicted of any of the following offenses: 30 (A) a violation, or an attempt, solicitation, or conspiracy to 31 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320,
01 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 02 (B) a felony violation of endangering the welfare of a child in 03 the first degree under AS 11.51.100; 04 (C) felony indecent viewing or production of a picture under 05 AS 11.61.123; 06 (D) distribution of child sexual abuse material 07 [PORNOGRAPHY] under AS 11.61.125; 08 (E) possession of child sexual abuse material 09 [PORNOGRAPHY] under AS 11.61.127; 10 (F) distribution of indecent material to minors under 11 AS 11.61.128; 12 (G) felony prostitution under AS 11.66.100(e); 13 (H) sex trafficking in the first, second, or third degree under 14 AS 11.66.110 - 11.66.130; 15 (I) a felony involving distribution of a controlled substance 16 under AS 11.71 or imitation controlled substance under AS 11.73; 17 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 18 or 19 (2) who has been convicted of any of the following offenses and less 20 than two years have elapsed since the applicant's date of conviction for the offense: 21 (A) assault in the fourth degree under AS 11.41.230; 22 (B) reckless endangerment under AS 11.41.250; 23 (C) contributing to the delinquency of a minor under 24 AS 11.51.130; 25 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 26 (E) a misdemeanor violation of endangering the welfare of a 27 child in the first degree under AS 11.51.100. 28 * Sec. 34. AS 47.12.110(d) is amended to read: 29 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 30 the adjudication of a minor as a delinquent shall be open to the public, except as 31 prohibited or limited by order of the court, if
01 (1) the department files with the court a motion asking the court to 02 open the hearing to the public, and the petition seeking adjudication of the minor as a 03 delinquent is based on 04 (A) the minor's alleged commission of an offense, and the 05 minor has knowingly failed to comply with all the terms and conditions 06 required of the minor by the department or imposed on the minor in a court 07 order entered under AS 47.12.040(a)(2) or 47.12.120; 08 (B) the minor's alleged commission of 09 (i) a crime against a person that is punishable as a 10 felony; 11 (ii) a crime in which the minor employed a deadly 12 weapon, as that term is defined in AS 11.81.900(b), in committing the 13 crime; 14 (iii) arson under AS 11.46.400 - 11.46.410; 15 (iv) burglary under AS 11.46.300; 16 (v) distribution of child sexual abuse material 17 [PORNOGRAPHY] under AS 11.61.125; 18 (vi) sex trafficking in the first degree under 19 AS 11.66.110; or 20 (vii) misconduct involving a controlled substance under 21 AS 11.71 involving the delivery of a controlled substance or the 22 possession of a controlled substance with intent to deliver, other than 23 an offense under AS 11.71.040 or 11.71.050; or 24 (C) the minor's alleged commission of a felony and the minor 25 was 16 years of age or older at the time of commission of the offense when the 26 minor has previously been convicted or adjudicated a delinquent minor based 27 on the minor's commission of an offense that is a felony; or 28 (2) the minor agrees to a public hearing on the petition seeking 29 adjudication of the minor as a delinquent. 30 * Sec. 35. AS 47.12.315(a) is amended to read: 31 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this
01 section, the department shall disclose information to the public, on request, concerning 02 a minor subject to this chapter who was at least 13 years of age at the time of 03 commission of 04 (1) a felony offense against a person under AS 11.41; 05 (2) arson in the first or second degree; 06 (3) burglary in the first degree; 07 (4) distribution of child sexual abuse material [PORNOGRAPHY]; 08 (5) sex trafficking in the first degree; 09 (6) misconduct involving a controlled substance in the first, second, or 10 third degrees involving distribution or possession with intent to deliver; or 11 (7) misconduct involving weapons in the first through fourth degrees. 12 * Sec. 36. AS 47.14.300(a) is amended to read: 13 (a) The department, a state or municipal agency with expertise in child abuse 14 or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 15 as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act 16 of 1994) with expertise in child abuse or neglect, in partnership with the department, 17 may facilitate the initial establishment of a multidisciplinary child protection team. 18 The purpose of a team is to assist in the evaluation and investigation of reports of child 19 abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 20 department or a law enforcement agency; to assist in the evaluation and 21 investigation of reports of sexual contact or sexual penetration, as defined in 22 AS 11.81.900(b), occurring between children under 13 years of age; and to provide 23 consultation and coordination for agencies involved in child-in-need-of-aid cases 24 under AS 47.10. The multidisciplinary child protection teams shall 25 (1) ensure that investigations involving child abuse or neglect are 26 coordinated and conducted by trained investigators; 27 (2) take and recommend steps to avoid duplicative interviews of 28 children; 29 (3) assist in the reduction of trauma to a child and family involved in 30 an investigation of child abuse or neglect; and 31 (4) review records, provide consultation, and make recommendations
01 to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 02 the team by a team member. 03 * Sec. 37. AS 47.30 is amended by adding a new section to read: 04 Sec. 47.30.706. Detention for evaluation after finding of incompetence. (a) 05 If a person who has been charged with a felony offense against a person under 06 AS 11.41 or felony arson has been found incompetent to proceed under AS 12.47, 07 before the charges are dismissed, an attorney with the Department of Law shall 08 petition a court to have the person delivered to the nearest evaluation facility for an 09 evaluation under AS 47.30.710. 10 (b) Upon receiving a petition under (a) of this section, a court shall, unless the 11 presumption in (d) of this section has been successfully rebutted, issue an ex parte 12 order orally or in writing stating that there is probable cause to believe the respondent 13 is mentally ill and that condition causes the respondent to present a likelihood of 14 serious harm to self or others. The court shall appoint an attorney to represent the 15 respondent and may direct that a peace officer take the respondent into custody and 16 deliver the respondent to the nearest appropriate facility for evaluation. The ex parte 17 order shall be provided to the respondent and made a part of the respondent's clinical 18 record. The court shall set a date, time, and place for a 30-day commitment hearing, to 19 be held within 72 hours after the respondent's arrival at the evaluation facility. The 20 court shall confirm an oral order in writing within 24 hours after it is issued. 21 (c) A respondent taken into custody for evaluation under this section may not 22 be placed in a jail or other correctional facility except for protective custody purposes 23 and only while awaiting transportation to an evaluation facility. 24 (d) A defendant charged with a felony offense against a person under 25 AS 11.41 or felony arson and found to be incompetent to proceed under AS 12.47.100 26 is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to 27 self or others. In evaluating whether a defendant is likely to cause serious harm under 28 this section, the court may consider the conduct with which the defendant was 29 originally charged as evidence of recent behavior, regardless of any time spent in 30 custody. 31 * Sec. 38. AS 47.30.710(a) is amended to read:
01 (a) A respondent who is delivered under AS 47.30.700 - 47.30.706 02 [AS 47.30.700 - 47.30.705] to an evaluation facility for [EMERGENCY] examination 03 and treatment shall be examined and evaluated as to mental and physical condition by 04 a mental health professional and by a physician within 24 hours after arrival at the 05 facility. 06 * Sec. 39. AS 47.30.715 is repealed and reenacted to read: 07 Sec. 47.30.715. Procedure after order. (a) After the court grants an ex parte 08 order authorizing hospitalization for evaluation, the department shall immediately 09 transport a person who is detained at a medical or other facility, including a 10 correctional facility, to a crisis residential center or evaluation facility for an 11 evaluation. 12 (b) A person being detained while awaiting transportation to a crisis 13 residential center or evaluation facility may request a court hearing to review the 14 detention at any time. The hearing shall be held not later than 72 hours after the 15 request is filed. When the court rules on a request for review of the detention pending 16 transportation, the court shall consider the factors listed in (d) of this section. 17 (c) A person may not be detained for more than seven days while awaiting 18 transportation to a crisis residential center or evaluation facility; however, the 19 department or a facility detaining a person under AS 47.30.700 - 47.30.815 may file a 20 request to extend the detention based on the person continuing to meet the standards 21 for commitment under AS 47.30.700 and the need for a continued hold. The request 22 must be supported by the verified or certified statement of a mental health professional 23 and be served on the respondent, the respondent's attorney, and the division of the 24 Department of Law that has responsibility for civil cases. When the court decides a 25 request to extend the detention pending transportation, the court shall consider the 26 factors identified in (d) of this section. 27 (d) When ruling on a request to review or extend detention, the court shall 28 consider the totality of the circumstances, including 29 (1) the length of time the person has been detained; 30 (2) the reason the person has not yet been transported; 31 (3) the person's current medical and psychiatric condition;
01 (4) whether the person is gravely disabled or is likely to cause serious 02 harm to self or others; and 03 (5) whether the person is receiving treatment at the person's current 04 placement. 05 (e) The court shall schedule a hearing to decide a request for review under (b) 06 of this section or a request to extend detention under (c) of this section. The hearing 07 shall be held not later than 72 hours after the request for review or the request to 08 extend detention, as applicable. If a hearing is held after expiration of the seven-day 09 detention period, the detention shall be extended until the hearing. 10 (f) Regardless of whether a request to extend the respondent's detention has 11 been filed, if at any time in the course of the detention a mental health professional at 12 the detaining facility determines that the person does not meet the standards for 13 commitment under AS 47.30.700, the respondent shall be released and the facility 14 shall notify the petitioner, the respondent's attorney, the division of the Department of 15 Law that has responsibility for civil cases, and the court. 16 (g) When an evaluation facility receives a proper order for evaluation, it shall 17 accept the order and the respondent for an evaluation period not to exceed 72 hours. 18 The evaluation facility shall promptly notify the court of the date and time of the 19 respondent's arrival. The court shall set a date, time, and place for a 30-day 20 commitment hearing, to be held if needed within 72 hours after the respondent's 21 arrival, and the court shall notify the evaluation facility, the respondent, the 22 respondent's guardian, if any, the respondent's attorney, the petitioner's attorney, if 23 any, and the attorney general of the time and place of the hearing. Evaluation 24 personnel, when used, shall similarly notify the court of the date and time when they 25 first met with the respondent. 26 * Sec. 40. AS 47.30.725 is amended by adding new subsections to read: 27 (g) If a criminal charge of a felony offense against a person under AS 11.41 or 28 felony arson against a respondent has been dismissed under AS 12.47.110 and the 29 respondent is detained for evaluation or committed under AS 47.30.700 - 47.30.915, 30 (1) the Department of Law shall notify a victim in the dismissed 31 criminal case
01 (A) of the time and place of a hearing under AS 47.30.700 - 02 47.30.915; 03 (B) of the length of time for which the respondent is committed 04 and findings of fact made by the court; and 05 (C) when the respondent is discharged from commitment; and 06 (2) a victim in the dismissed criminal case may attend a hearing under 07 AS 47.30.700 - 47.30.915, but may not disclose confidential information from the 08 hearing. 09 (h) Subsection (g) of this section may not be construed to give a victim in a 10 dismissed criminal case the right to access a record that is confidential under 11 AS 47.30.845. 12 * Sec. 41. AS 47.30 is amended by adding a new section to read: 13 Sec. 47.30.727. Provision of records and notice following a finding of 14 incompetency in a criminal case. (a) Within 30 days after a respondent has been 15 found incompetent to proceed under AS 12.47.110 and committed under AS 47.30.700 16 - 47.30.915, and every 30 days thereafter until the civil commitment case has 17 concluded, the division of the Department of Law that has responsibility for civil cases 18 shall provide all information and records obtained during the civil commitment to the 19 division of the Department of Law that has responsibility for criminal cases. 20 (b) Records disclosed to the division of the Department of Law that has 21 responsibility for criminal cases under (a) of this section are confidential and may not 22 be disclosed to anyone unless disclosure is required by a court order or the respondent 23 provides written consent to the disclosure. If the records are used in the criminal 24 proceeding, the moving party shall file the records as confidential documents. 25 (c) A facility housing a respondent found incompetent to proceed under 26 AS 12.47.110 and committed under AS 47.30.700 - 47.30.915 shall provide notice to 27 the prosecutor in the criminal case of all hearings scheduled by the court in the civil 28 commitment case. The prosecutor, or a staff member of the prosecutor's office, may 29 attend a hearing in the civil commitment case but may not participate in the hearing as 30 a party. 31 * Sec. 42. AS 47.30.735(b) is amended to read:
01 (b) The hearing shall be conducted in a physical setting least likely to have a 02 harmful effect on the mental or physical health of the respondent, within practical 03 limits. At the hearing, in addition to other rights specified in AS 47.30.660 - 04 47.30.915, the respondent has the right 05 (1) to be present at the hearing; this right may be waived only with the 06 respondent's informed consent; if the respondent is incapable of giving informed 07 consent, the respondent may be excluded from the hearing only if the court, after 08 hearing, finds that the incapacity exists and that there is a substantial likelihood that 09 the respondent's presence at the hearing would be severely injurious to the 10 respondent's mental or physical health; 11 (2) to view and copy all petitions and reports in the court file of the 12 respondent's case; 13 (3) to have the hearing open or closed to the public as the respondent 14 elects, except that, if the respondent was charged with a felony offense against a 15 person under AS 11.41 or felony arson and the criminal case was dismissed under 16 AS 12.47.110, an alleged victim in the dismissed criminal case and the prosecutor, 17 or a staff member of the prosecutor's office, may attend the hearing, but may not 18 disclose confidential information from the hearing; 19 (4) to have the rules of evidence and civil procedure applied so as to 20 provide for the informal but efficient presentation of evidence; 21 (5) to have an interpreter if the respondent does not understand 22 English; 23 (6) to present evidence on the respondent's behalf; 24 (7) to cross-examine witnesses who testify against the respondent; 25 (8) to remain silent; 26 (9) to call experts and other witnesses to testify on the respondent's 27 behalf. 28 * Sec. 43. AS 47.30 is amended by adding a new section to read: 29 Sec. 47.30.771. Additional two-year commitment. (a) The respondent shall 30 be released from involuntary treatment at the expiration of 180 days unless the 31 professional person in charge or the attorney general's office files an additional 180-
01 day petition or a petition for a commitment of up to two years conforming to the 02 requirements of AS 47.30.740(a) except that all references to "30-day commitment" 03 shall be read as "the previous 180-day commitment" and all references to "90-day 04 commitment" shall be read as "two-year commitment." 05 (b) The procedures for service of the petition, notification of rights, and 06 judicial hearing shall be as set out in AS 47.30.740 - 47.30.750. Following a 180-day 07 commitment of a respondent, the court may order the respondent committed for an 08 additional treatment period not to exceed two years from the date on which the 180- 09 day treatment period would have expired if the court or jury finds by clear and 10 convincing evidence that 11 (1) the respondent is mentally ill and as a result is likely to cause 12 serious harm to self or others; 13 (2) the respondent has a criminal history that includes a felony offense 14 against a person under AS 11.41 or felony arson, including an offense for which the 15 respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110; 16 (3) the respondent has been found incompetent to stand trial under 17 AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41 or 18 felony arson and that finding of incompetence led directly to the respondent's current 19 period of commitment; and 20 (4) the period of commitment of the respondent, including a period of 21 commitment for more than 180 days but not more than two years, is necessary to 22 protect the public. 23 (c) Findings of fact relating to the respondent's behavior made at a 30-day 24 commitment hearing under AS 47.30.735, a 90-day commitment hearing under 25 AS 47.30.750, a 180-day commitment hearing under AS 47.30.770, or a two-year 26 commitment hearing under this section shall be admitted as evidence and may not be 27 rebutted except that newly discovered evidence may be used for the purpose of 28 rebutting the findings. 29 (d) Successive commitments are permissible on the same ground and under 30 the same procedures as the original commitment. An order of commitment may not 31 exceed two years.
01 (e) The department shall, by January 30 of each year, submit to the attorney 02 general, public defender, public advocate, Alaska Court System, and the attorney of 03 record for the respondent, if any, a report that details how many respondents are 04 committed under this section and how much time remains on each order of 05 commitment. 06 * Sec. 44. AS 47.30.780(a) is amended to read: 07 (a) Except as provided in (b) and (c) of this section, the professional person in 08 charge shall at any time discharge a respondent on the ground that the respondent is no 09 longer gravely disabled or likely to cause serious harm as a result of mental illness. A 10 certificate to this effect shall be sent to the court, which shall enter an order officially 11 terminating the involuntary commitment. 12 * Sec. 45. AS 47.30.780 is amended by adding new subsections to read: 13 (c) If a respondent committed under AS 47.30.770 or 47.30.771 has a criminal 14 history that includes a felony offense against a person under AS 11.41 or felony arson, 15 including an offense for which the respondent was found incompetent to stand trial 16 under AS 12.47.100 and 12.47.110, the professional person in charge may not 17 discharge the respondent under (a) of this section unless the court enters an order 18 officially terminating the involuntary commitment. The court shall give the 19 prosecuting authority 10 days' notice before the professional person in charge may 20 discharge a respondent under this subsection. 21 (d) Except as provided in (e) of this section, a respondent committed under 22 AS 47.30.771 may petition the court for early discharge at any time during the 23 commitment if the respondent presents some evidence demonstrating that the 24 respondent is no longer likely to cause serious harm to self or others. The court shall 25 grant early discharge unless the state proves by clear and convincing evidence that the 26 respondent remains likely to cause serious harm to self or others. 27 (e) A respondent may not file a petition for early discharge within 180 days 28 after the date the court enters an initial commitment order or a final order ruling on a 29 previous petition for early discharge. 30 * Sec. 46. AS 47.30.805(a) is amended to read: 31 (a) Except as provided in (b) of this section,
01 (1) computations of a 72-hour [EVALUATION] period under 02 AS 47.30.706, 47.30.708, [AS 47.30.708] or 47.30.715 or a 48-hour [DETENTION] 03 period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any 04 period of time necessary to transport the respondent to the treatment facility, except 05 that if the exclusion of Saturdays, Sundays, and legal holidays from the computation 06 of a 72-hour evaluation period or 48-hour detention period would result in the 07 respondent being held for longer than 72 hours or 48 hours, as applicable, the period 08 ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday; 09 (2) a seven-day detention at a crisis residential center expires at the end 10 of the seventh day following the respondent's arrival at the crisis stabilization center or 11 the crisis residential center, whichever is earlier; 12 (3) a 30-day commitment period expires at the end of the 30th day 13 after the 72 hours following initial acceptance; 14 (4) a 90-day commitment period expires at the end of the 90th day 15 after the expiration of a 30-day period of treatment; 16 (5) a 180-day commitment period expires at the end of the 180th day, 17 after the expiration of a 90-day period of treatment or previous 180-day period, 18 whichever is applicable; 19 (6) a two-year commitment period expires not later than two years 20 after the expiration of a 180-day period of treatment. 21 * Sec. 47. AS 47.30.845 is amended to read: 22 Sec. 47.30.845. Confidential records. Information and records obtained in the 23 course of a screening investigation, evaluation, examination, or treatment are 24 confidential and are not public records, except as the requirements of a hearing under 25 AS 47.30.660 - 47.30.915 may necessitate a different procedure. Information and 26 records may be copied and disclosed under regulations established by the department 27 only to 28 (1) a physician or a provider of health, mental health, or social and 29 welfare services involved in caring for, treating, or rehabilitating the patient; 30 (2) the patient or an individual to whom the patient has given written 31 consent to have information disclosed;
01 (3) a person authorized by a court order; 02 (4) a person doing research or maintaining health statistics if the 03 anonymity of the patient is assured and the facility recognizes the project as a bona 04 fide research or statistical undertaking; 05 (5) the Department of Corrections in a case in which a prisoner 06 confined to the state prison is a patient in the state hospital on authorized transfer 07 either by voluntary admission or by court order; 08 (6) a governmental or law enforcement agency when necessary to 09 secure the return of a patient who is on unauthorized absence from a facility where the 10 patient was undergoing evaluation or treatment; 11 (7) a law enforcement agency when there is substantiated concern over 12 imminent danger to the community by a presumed mentally ill person; 13 (8) the department in a case in which services provided under 14 AS 47.30.660 - 47.30.915 are paid for, in whole or in part, by the department or in 15 which a person has applied for or has received assistance from the department for 16 those services; 17 (9) the Department of Public Safety as provided in AS 47.30.907; 18 information provided under this paragraph may not include diagnostic or clinical 19 information regarding a patient; 20 (10) the Department of Law as provided in AS 47.30.727. 21 * Sec. 48. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 22 2019, is amended to read: 23 (c) The following sections apply to the duty to register as a sex offender for 24 offenses committed 25 (1) before, on, or after the effective date of those sections: 26 (A) [(1)] AS 12.63.010(d), as amended by sec. 82, ch. 4, 27 FSSLA 2019 [OF THIS ACT]; 28 (B) AS 12.63.020(a)(2) and (b) [(2) AS 12.63.020], as 29 amended by sec. 83, ch. 4, FSSLA 2019 [OF THIS ACT]; 30 (C) [(3)] AS 12.63.100(6), as amended by sec. 84, ch. 4, 31 FSSLA 2019 [OF THIS ACT];
01 (D) AS 12.63.100(7)(E) [(4) AS 12.63.100(7)], as amended by 02 sec. 85, ch. 4, FSSLA 2019; 03 (2) on or after the effective date of those sections: 04 (A) AS 12.63.020(a)(1), as amended by sec. 83, ch. 4, FSSLA 05 2019; 06 (B) AS 12.63.100(7)(C), as amended by sec. 85, ch. 4, 07 FSSLA 2019 [OF THIS ACT]. 08 * Sec. 49. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 11 Procedure, is amended to read: 12 (s) Admissibility of Evidence. 13 (1) Evidence which would be legally admissible at trial shall be 14 admissible before the grand jury. Witnesses [IN APPROPRIATE CASES, 15 HOWEVER, WITNESSES] may be presented to summarize admissible evidence if 16 the admissible evidence will be available at trial. [EXCEPT AS STATED IN 17 SUBPARAGRAPHS (2), (3), AND (6), HEARSAY EVIDENCE SHALL NOT BE 18 PRESENTED TO THE GRAND JURY ABSENT COMPELLING JUSTIFICATION 19 FOR ITS INTRODUCTION. IF HEARSAY EVIDENCE IS PRESENTED TO THE 20 GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE 21 RECORD.] 22 (2) [IN A PROSECUTION FOR AN OFFENSE UNDER 23 AS 11.41.410 - 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED 24 TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD 25 WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 26 EVIDENCE BEFORE THE GRAND JURY IF 27 (i) THE CIRCUMSTANCES OF THE STATEMENT 28 INDICATE ITS RELIABILITY; 29 (ii) THE CHILD IS UNDER 10 YEARS OF AGE 30 WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 31 ADMITTED;
01 (iii) ADDITIONAL EVIDENCE IS INTRODUCED 02 TO CORROBORATE THE STATEMENT; AND 03 (iv) THE CHILD TESTIFIES AT THE GRAND JURY 04 PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 05 TESTIFY AT TRIAL. 06 (3)] Hearsay evidence related to the offense, not otherwise admissible, 07 may be admitted into evidence before the grand jury if 08 [(i)] the individual presenting the hearsay evidence is a 09 peace officer involved in the investigation [; AND 10 (ii) THE HEARSAY EVIDENCE CONSISTS OF THE 11 STATEMENT AND OBSERVATIONS MADE BY ANOTHER 12 PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 13 AND 14 (iii) ADDITIONAL EVIDENCE IS INTRODUCED 15 TO CORROBORATE THE STATEMENT]. 16 (4) If the testimony presented by a peace officer under paragraph (2) 17 [(3)] of this section is inaccurate because of intentional, grossly negligent, or negligent 18 misstatements or omissions, then the court shall dismiss an indictment resulting from 19 the testimony if the defendant shows that the inaccuracy prejudices substantial rights 20 of the defendant. 21 (5) [IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 22 WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 23 CONDUCT IS INTENDED AS AN ASSERTION. 24 (6)] When a prior conviction is an element of an offense, hearsay 25 evidence received through the Alaska Public Safety Information Network or from 26 other government agencies of prior convictions may be presented to the grand jury. 27 * Sec. 50. AS 12.40.110 is repealed. 28 * Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 INVESTIGATION AND RECOMMENDATIONS. (a) The Department of 31 Corrections shall contract with a statewide Alaska Native organization whose membership
01 consists of villages, Alaska Native corporations, and tribal consortiums to conduct a study on 02 the reasons Alaska Natives make up 40 percent of the state's prison population, yet make up 03 just 14 percent of the general population. The contract shall require outreach to federal, state, 04 local, and tribal governments, and private stakeholders to inform the study and make 05 recommendations. 06 (b) The Department of Corrections and the contractor shall present to the governor 07 and the legislature not later than the first day of the First Regular Session of the Thirty-Fourth 08 Alaska State Legislature findings and recommendations for specific actions that can be taken 09 to reduce initial encounters with the prison system and recidivism rates following the release 10 of Alaska Native prisoners. The recommendations may include ways that Alaska Native 11 entities that are primarily federally funded can 12 (1) establish restorative justice programs to address the unique cultural needs 13 of Alaska Native people; 14 (2) intervene earlier with at-risk Alaska Native youth and young adults to 15 ensure those at-risk youth and young adults have the life skills and support systems necessary 16 to prevent encounters with the criminal justice system; 17 (3) reduce the Alaska Native prison population by providing early mental 18 health diagnosis and better treatment; 19 (4) provide low-income housing options to reduce the Alaska Native homeless 20 population that are more likely to encounter law enforcement when living on the street; 21 (5) improve alcohol and drug misuse treatment options for Alaska Native 22 youth and young adults; 23 (6) provide job training and mentoring opportunities to earn a living and 24 provide food, housing, and other family necessities for Alaska Native residents and families; 25 (7) offer digital training to Alaska Native residents to access tribal, state, and 26 federal services, obtain digital employment, participate in remote counseling services to 27 address alcohol and drug abuse, and participate in job training and education; and 28 (8) identify federal grant programs at the Department of Justice, the 29 Department of Health and Human Services, including the Indian Health Service and 30 Substance Abuse and Mental Health Services Administration, the Department of the Interior, 31 the Department of Labor, and other federal agencies that could be used to fund
01 implementation of the recommendations, with a particular emphasis on juveniles and young 02 adults. 03 * Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. (a) AS 11.41.110, as amended by sec. 2 of this Act, 06 AS 11.41.110(c), enacted by sec. 3 of this Act, AS 11.41.120(a), as amended by sec. 4 of this 07 Act, AS 11.41.140, as amended by sec. 5 of this Act, AS 11.41.240, enacted by sec. 6 of this 08 Act, AS 11.41.260(a), as amended by sec. 7 of this Act, AS 11.71.010(a), as amended by sec. 09 13 of this Act, AS 11.71.010(b), as amended by sec. 14 of this Act, AS 11.71.021(a), as 10 amended by sec. 15 of this Act, AS 12.55.125(c), as amended by sec. 21 of this Act, 11 AS 12.55.127(c), as amended by sec. 23 of this Act, and AS 18.66.990(3), as amended by sec. 12 32 of this Act, apply to offenses committed on or after the effective date of secs. 2 - 7, 13 - 15, 13 21, 23, and 32 of this Act. 14 (b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 15 amended by sec. 26 of this Act, AS 12.63.010(d), as amended by sec. 27 of this Act, and 16 AS 12.63.010(g) and (h), enacted by sec. 28 of this Act, applies to the duty to register as a sex 17 offender or child kidnapper for offenses committed before, on, or after the effective date of 18 secs. 26 - 28 of this Act. 19 (c) AS 12.63.020(a), as amended by sec. 29 of this Act, applies to the tolling of the 20 duty to register as a sex offender or child kidnapper on or after the effective date of sec. 29 of 21 this Act for determinations of noncompliance made by the Department of Public Safety on or 22 after the effective date of sec. 29 of this Act. 23 (d) Nothing in AS 12.63.020(a), as amended by sec. 29 of this Act, may be construed 24 as invalidating a decision by the Department of Public Safety to toll the period of registration 25 or continue the period of registration under AS 12.63 before the effective date of sec. 29 of 26 this Act. 27 (e) AS 12.63.100(7), as amended by sec. 30 of this Act, applies to the duty to register 28 as a sex offender for offenses committed on or after the effective date of sec. 30 of this Act. 29 (f) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 49 of this Act, 30 applies to indictments occurring on or after the effective date of sec. 49 of this Act for 31 offenses committed before, on, or after the effective date of sec. 49 of this Act.
01 * Sec. 53. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 CONDITIONAL EFFECT. Rule 6(s), Alaska Rules of Criminal Procedure, as 04 amended by sec. 49 of this Act, takes effect only if sec. 49 of this Act receives the two-thirds 05 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 06 * Sec. 54. Section 48 of this Act takes effect immediately under AS 01.10.070(c). 07 * Sec. 55. Except as provided in sec. 54 of this Act, this Act takes effect January 1, 2025.