HB 67: "An Act relating to criminal law and procedure; relating to the crime of stalking; relating to consecutive sentencing for violation of conditions of release; 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; amending Rule 6(r), Alaska Rules of Criminal Procedure; and providing for an effective date."
00 HOUSE BILL NO. 67 01 "An Act relating to criminal law and procedure; relating to the crime of stalking; 02 relating to consecutive sentencing for violation of conditions of release; relating to the 03 duty to register as a sex offender; amending the definition of 'sex offense'; amending the 04 definition of 'crime involving domestic violence'; relating to multidisciplinary child 05 protection teams; amending Rule 6(r), Alaska Rules of Criminal Procedure; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that it is not 11 now, nor has it ever been, the case that a prosecutor must know conclusively that evidence 12 admitted at grand jury will also be admitted at trial. 13 (b) The legislature further finds that evidence is generally admissible at grand jury as
01 long as the prosecutor believes that the evidence will be admissible at the time of trial. 02 (c) It is the intent of the legislature that Criminal Rule 6(r), as amended by sec. 12 of 03 this Act, overturns the decision of the Alaska Court of Appeals in State v. Powell, 487 P.3d 04 609 (Alaska App. 2021), to the extent the decision held that hearsay evidence admissible 05 under the hearsay exception under Alaska Rule of Evidence 801(d)(3) is inadmissible at grand 06 jury if certain foundational requirements cannot be met at the time of grand jury. 07 * Sec. 2. 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. 3. AS 12.55.127(c) is amended to read: 30 (c) If the defendant is being sentenced for 31 (1) escape, the term of imprisonment shall be consecutive to the term
01 for the underlying crime; 02 (2) two or more crimes under AS 11.41, a consecutive term of 03 imprisonment shall be imposed for at least 04 (A) the mandatory minimum term under AS 12.55.125(a) for 05 each additional crime that is murder in the first degree; 06 (B) the mandatory minimum term for each additional crime 07 that is an unclassified felony governed by AS 12.55.125(b); 08 (C) the presumptive term specified in AS 12.55.125(c) or the 09 active term of imprisonment, whichever is less, for each additional crime that 10 is 11 (i) manslaughter; or 12 (ii) kidnapping that is a class A felony; 13 (D) two years or the active term of imprisonment, whichever is 14 less, for each additional crime that is criminally negligent homicide; 15 (E) one-fourth of the presumptive term under AS 12.55.125(c) 16 or (i) for each additional crime that is sexual assault in the first degree under 17 AS 11.41.410 or sexual abuse of a minor in the first degree under 18 AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 19 offenses; and 20 (F) some additional term of imprisonment for each additional 21 crime, or each additional attempt or solicitation to commit the offense, under 22 AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 23 11.41.500 - 11.41.520; 24 (3) two or more crimes of violation of condition of release under 25 AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 26 additional term of imprisonment for the underlying crime and each additional 27 crime under AS 11.56.757. 28 * Sec. 4. AS 12.63.010(b) is amended to read: 29 (b) A sex offender or child kidnapper required to register under (a) of this 30 section shall register with the Department of Corrections if the sex offender or child 31 kidnapper is incarcerated or in person at the Alaska state trooper post or municipal
01 police department located nearest to where the sex offender or child kidnapper resides 02 at the time of registration. To fulfill the registration requirement, the sex offender or 03 child kidnapper shall 04 (1) complete a registration form that includes the following 05 information, if applicable: [, AT A MINIMUM,] 06 (A) the sex offender's or child kidnapper's full name, mailing 07 and physical address, school address, telephone numbers used by the sex 08 offender or child kidnapper, social security number, passport 09 information, citizenship status, physical address of employment, name of 10 employer [PLACE OF EMPLOYMENT], job title, and date of birth; 11 (B) each conviction for a sex offense or child kidnapping for 12 which the duty to register has not terminated under AS 12.63.020, the date of 13 the sex offense or child kidnapping convictions, the place and court of the sex 14 offense or child kidnapping convictions, and whether the sex offender or child 15 kidnapper has been unconditionally discharged from the conviction for a sex 16 offense or child kidnapping and the date of the unconditional discharge; if the 17 sex offender or child kidnapper asserts that the offender or kidnapper has been 18 unconditionally discharged, the offender or kidnapper shall supply proof of 19 that discharge acceptable to the department; 20 (C) all aliases used; 21 (D) the sex offender's or child kidnapper's driver's license 22 number; 23 (E) the description, license numbers, and vehicle identification 24 numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 25 recreational vehicles, the sex offender or child kidnapper has access to, 26 regardless of whether that access is regular or not; 27 (F) any identifying features of the sex offender or child 28 kidnapper; 29 (G) anticipated changes of address and any temporary 30 lodging used by the sex offender or child kidnapper; 31 (H) a statement concerning whether the offender or kidnapper
01 has had treatment for a mental abnormality or personality disorder since the 02 date of conviction for an offense requiring registration under this chapter; 03 [AND] 04 (I) each electronic mail address, instant messaging address, and 05 other Internet communication identifier used by the sex offender or child 06 kidnapper; and 07 (J) professional licensing information; 08 (2) allow the Alaska state troopers, Department of Corrections, [OR] 09 municipal police, or any peace officer to take a complete set of the sex offender's or 10 child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 11 kidnapper's photograph. 12 * Sec. 5. AS 12.63.010(d) is amended to read: 13 (d) A sex offender or child kidnapper required to register 14 (1) for 15 years under (a) of this section and AS 12.63.020 shall, 15 annually, during the term of a duty to register under AS 12.63.020, on a date set by the 16 department at the time of the sex offender's or child kidnapper's initial registration, 17 provide written verification to the department, in the manner required by the 18 department, of the information provided under (b)(1) of this section [SEX 19 OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 20 the information previously provided under (b)(1) of this section; 21 (2) for life under (a) of this section and AS 12.63.020 shall, not less 22 than quarterly, on a date set by the department, provide written verification to the 23 department, in the manner required by the department, of the information provided 24 under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 25 ADDRESS] and notice of any changes to the information previously provided under 26 (b)(1) of this section. 27 * Sec. 6. AS 12.63.010 is amended by adding new subsections to read: 28 (g) If a sex offender or child kidnapper plans to leave the state after having 29 registered under (a) of this section, the sex offender or child kidnapper shall appear in 30 person and provide written notice to the department or a municipal police department 31 in the state of the plan to leave the state at least seven calendar days before leaving the
01 state. If a sex offender or child kidnapper plans to leave the state for international 02 travel after having registered under (a) of this section, the sex offender or child 03 kidnapper shall appear in person and provide written notice to the department or a 04 municipal police department in the state of the plan for any intended travel outside the 05 United States at least 21 days before leaving the state for international travel. 06 (h) If a sex offender or child kidnapper is away from the address provided to 07 the department under (b)(1)(A) of this section for seven days or more, the sex offender 08 or child kidnapper shall notify the department in writing of the address being used by 09 the sex offender or child kidnapper while away from the residence provided under 10 (b)(1)(A) of this section. 11 * Sec. 7. AS 12.63.020(a) is amended to read: 12 (a) The duty of a sex offender or child kidnapper to comply with the 13 requirements of AS 12.63.010 is as follows: 14 (1) for a sex offender or child kidnapper, as that term is defined in 15 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 16 (A) continues for the lifetime of a sex offender or child 17 kidnapper convicted of 18 (i) one aggravated sex offense; or 19 (ii) two or more sex offenses, two or more child 20 kidnappings, or one sex offense and one child kidnapping; for purposes 21 of this section, a person convicted of indecent exposure before a person 22 under 16 years of age under AS 11.41.460 more than two times has 23 been convicted of two or more sex offenses; 24 (B) ends 15 years following the sex offender's or child 25 kidnapper's unconditional discharge from a conviction for a single sex offense 26 that is not an aggravated sex offense or for a single child kidnapping if the sex 27 offender or child kidnapper has supplied proof that is acceptable to the 28 department of the unconditional discharge; the registration period under this 29 subparagraph 30 (i) is tolled for the period [EACH YEAR] that a sex 31 offender or child kidnapper fails to comply with the requirements of
01 this chapter or is incarcerated for the offense or kidnapping for which 02 the offender or kidnapper is required to register or for any other 03 offense; 04 (ii) may include the time a sex offender or child 05 kidnapper was absent from this state if the sex offender or child 06 kidnapper has complied with any sex offender or child kidnapper 07 registration requirements of the jurisdiction in which the offender or 08 kidnapper was located and if the sex offender or child kidnapper 09 provides the department with proof of the compliance while the sex 10 offender or child kidnapper was absent from this state; and 11 (iii) continues for a sex offender or child kidnapper who 12 has not supplied proof acceptable to the department of the offender's or 13 kidnapper's unconditional discharge for the sex offense or child 14 kidnapping requiring registration; 15 (2) for a sex offender or child kidnapper, as that term is defined in 16 AS 12.63.100(6)(B), the duty continues for the period determined by the department 17 under (b) of this section. 18 * Sec. 8. AS 12.63.100(7) is amended to read: 19 (7) "sex offense" means 20 (A) a crime under AS 11.41.100(a)(3), or a similar law of 21 another jurisdiction, in which the person committed or attempted to commit a 22 sexual offense, or a similar offense under the laws of the other jurisdiction; in 23 this subparagraph, "sexual offense" has the meaning given in 24 AS 11.41.100(a)(3); 25 (B) a crime under AS 11.41.110(a)(3), or a similar law of 26 another jurisdiction, in which the person committed or attempted to commit 27 one of the following crimes, or a similar law of another jurisdiction: 28 (i) sexual assault in the first degree; 29 (ii) sexual assault in the second degree; 30 (iii) sexual abuse of a minor in the first degree; or 31 (iv) sexual abuse of a minor in the second degree;
01 (C) a crime, or an attempt, solicitation, or conspiracy to commit 02 a crime, under the following statutes or a similar law of another jurisdiction: 03 (i) AS 11.41.410 - 11.41.438; 04 (ii) AS 11.41.440(a)(2); 05 (iii) AS 11.41.450 - 11.41.458; 06 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 07 exposure is before a person under 16 years of age and the offender has 08 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 09 (v) AS 11.61.125 - 11.61.128; 10 (vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 11 AS 26.05.900(b) if the person who was induced or caused to engage in 12 prostitution was under 20 years of age at the time of the offense; 13 (vii) former AS 11.15.120, former 11.15.134, or assault 14 with the intent to commit rape under former AS 11.15.160, former 15 AS 11.40.110, or former 11.40.200; 16 (viii) AS 11.61.118(a)(2) if the offender has a previous 17 conviction for that offense; 18 (ix) AS 11.66.100(a)(2) if the offender is subject to 19 punishment under AS 11.66.100(e); 20 (x) AS 26.05.890 if the person engaged in sexual 21 penetration or sexual contact with the victim; 22 (xi) AS 26.05.890 if, at the time of the offense, the 23 victim is under a duty to obey the lawful orders of the offender, 24 regardless of whether the offender is in the direct chain of command 25 over the victim; 26 (xii) AS 26.05.893 if the person engaged in sexual 27 penetration or sexual contact with the victim; 28 (xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 29 victim is under 18 years of age at the time of the offense; 30 (xiv) AS 26.05.900 if, at the time of the offense, the 31 victim is under a duty to obey the lawful orders of the offender,
01 regardless of whether the offender is in the direct chain of command 02 over the victim; [OR] 03 (xv) AS 11.61.123 if the offender is subject to 04 punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 05 (2)]; 06 (xvi) AS 11.61.130(a)(2); or 07 (xvii) AS 11.66.110 and 11.66.120; 08 (D) an offense, or an attempt, solicitation, or conspiracy to 09 commit an offense, under AS 26.05.935(b), or a similar law of another 10 jurisdiction, if the member of the militia commits one of the following 11 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 12 Code of Military Justice): 13 (i) child pornography; or 14 (ii) pandering and prostitution if the person who is 15 induced, enticed, caused, or procured to engage in a sexual act is under 16 20 years of age at the time of the offense; or 17 (E) an offense in which the person is required to register as a 18 sex offender under the laws of another jurisdiction; 19 * Sec. 9. AS 18.66.990(3) is amended to read: 20 (3) "domestic violence" and "crime involving domestic violence" mean 21 one or more of the following offenses or an offense under a law or ordinance of 22 another jurisdiction having elements similar to these offenses, or an attempt to commit 23 the offense, by a household member against another household member: 24 (A) a crime against the person under AS 11.41; 25 (B) burglary under AS 11.46.300 - 11.46.310; 26 (C) criminal trespass under AS 11.46.320 - 11.46.330; 27 (D) arson or criminally negligent burning under AS 11.46.400 - 28 11.46.430; 29 (E) criminal mischief under AS 11.46.475 - 11.46.486; 30 (F) terrorist threatening under AS 11.56.807 or 11.56.810; 31 (G) violating a protective order under AS 11.56.740(a)(1);
01 (H) harassment under AS 11.61.120(a)(2) - (4) or (6); [OR] 02 (I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 03 a pet; 04 (J) interfering with a report of a crime involving domestic 05 violence under AS 11.56.745 if the person interfering with the report is the 06 person who committed the underlying crime involving domestic violence; 07 or 08 (K) unlawful contact under AS 11.56.750 or 11.56.755; 09 * Sec. 10. AS 47.14.300(a) is amended to read: 10 (a) The department, a state or municipal agency with expertise in child abuse 11 or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 12 as an Indian tribe under 25 U.S.C. 479a (Federally Recognized Indian Tribe List Act 13 of 1994) with expertise in child abuse or neglect, in partnership with the department, 14 may facilitate the initial establishment of a multidisciplinary child protection team. 15 The purpose of a team is to assist in the evaluation and investigation of reports of child 16 abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 17 department or a law enforcement agency; to assist in the evaluation and 18 investigation of reports of sexual contact or sexual penetration, as defined in 19 AS 11.81.900, occurring between children under 13 years of age; and to provide 20 consultation and coordination for agencies involved in child-in-need-of-aid cases 21 under AS 47.10. The multidisciplinary child protection teams shall 22 (1) ensure that investigations involving child abuse or neglect are 23 coordinated and conducted by trained investigators; 24 (2) take and recommend steps to avoid duplicative interviews of 25 children; 26 (3) assist in the reduction of trauma to a child and family involved in 27 an investigation of child abuse or neglect; and 28 (4) review records, provide consultation, and make recommendations 29 to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 30 the team by a team member. 31 * Sec. 11. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA
01 2019, is amended to read: 02 (c) The following sections apply to the duty to register as a sex offender for 03 offenses committed before, on, or after the effective date of those sections: 04 (1) AS 12.63.010(d), as amended by sec. 82 of this Act; 05 (2) AS 12.63.020, as amended by sec. 83 of this Act; 06 (3) AS 12.63.100(6), as amended by sec. 84 of this Act; 07 (4) AS 12.63.100(7), as amended by sec. 85 of this Act. 08 * Sec. 12. 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(r), Alaska Rules of Criminal 11 Procedure, is amended to read: 12 (r) Admissibility of Evidence. 13 (1) Evidence which the prosecutor believes would be legally 14 admissible at trial shall be admissible before the grand jury. Witnesses [IN 15 APPROPRIATE CASES, HOWEVER, WITNESSES] may be presented to 16 summarize admissible evidence if the admissible evidence will be available at trial. 17 [EXCEPT AS STATED IN SUBPARAGRAPHS (2), (3), AND (6), HEARSAY 18 EVIDENCE SHALL NOT BE PRESENTED TO THE GRAND JURY ABSENT 19 COMPELLING JUSTIFICATION FOR ITS INTRODUCTION. IF HEARSAY 20 EVIDENCE IS PRESENTED TO THE GRAND JURY, THE REASONS FOR ITS 21 USE SHALL BE STATED ON THE 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 07 OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE 08 THE GRAND JURY IF 09 (i) THE INDIVIDUAL PRESENTING THE 10 HEARSAY EVIDENCE IS A PEACE OFFICER INVOLVED IN THE 11 INVESTIGATION; AND 12 (ii) THE HEARSAY EVIDENCE CONSISTS OF THE 13 STATEMENT AND OBSERVATIONS MADE BY ANOTHER 14 PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 15 AND 16 (iii) ADDITIONAL EVIDENCE IS INTRODUCED 17 TO CORROBORATE THE STATEMENT. 18 (4)] If the testimony presented by a peace officer [UNDER 19 PARAGRAPH (3) OF THIS SECTION] is inaccurate because of intentional, grossly 20 negligent, or negligent misstatements or omissions, then the court shall dismiss an 21 indictment resulting from the testimony if the defendant shows that the inaccuracy 22 prejudices substantial rights of the defendant. 23 (3) [(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 24 WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 25 CONDUCT IS INTENDED AS AN ASSERTION. 26 (6)] When a prior conviction is an element of an offense, hearsay 27 evidence received through the Alaska Public Safety Information Network or from 28 other government agencies of prior convictions may be presented to the grand jury. 29 * Sec. 13. AS 12.40.110 is repealed. 30 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. (a) AS 11.41.260(a), as amended by sec. 2 of this Act, 02 AS 12.55.127(c), as amended by sec. 3 of this Act, and AS 18.66.990(3), as amended by sec. 03 9 of this Act, apply to offenses committed on or after the effective date of this Act. 04 (b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 05 amended by sec. 4 of this Act, AS 12.63.010(d), as amended by sec. 5 of this Act, and 06 AS 12.63.010(g) and (h), enacted by sec. 6 of this Act, applies to the duty to register as a sex 07 offender or child kidnapper for offenses committed before, on, or after the effective date of 08 this Act. 09 (c) AS 12.63.020(a), as amended by sec. 7 of this Act, applies to the tolling of the 10 duty to register as a sex offender or child kidnapper on or after the effective date of this Act 11 for determinations of noncompliance made by the Department of Public Safety on or after the 12 effective date of this Act. 13 (d) Nothing in AS 12.63.020(a), as amended by sec. 7 of this Act, may be construed 14 as invalidating a decision of the Department of Public Safety to toll the period of registration 15 or continue the period of registration under AS 12.63 before the effective date of this Act. 16 (e) AS 12.63.100(7), as amended by sec. 8 of this Act, applies to the duty to register 17 as a sex offender for offenses committed on or after the effective date of this Act. 18 (f) Rule 6(r), Alaska Rules of Criminal Procedure, as amended by sec. 12 of this Act, 19 applies to indictments occurring on or after the effective date of this Act for offenses 20 committed before, on, or after the effective date of this Act. 21 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 CONDITIONAL EFFECT. Rule 6(r), Alaska Rules of Criminal Procedure, as 24 amended by sec. 12 of this Act, takes effect only if sec. 12 of this Act receives the two-thirds 25 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 26 * Sec. 16. This Act takes effect July 1, 2023.