Alaska State Legislature

Home
Bill & Laws
Bills
SB 66 Detail
FullText

txt

SB 66: "An Act relating to sex trafficking; establishing the crime of patron of a victim of sex trafficking; relating to the crime of human trafficking; relating to prostitution; relating to sentencing for sex trafficking, patron of a victim of sex trafficking, and human trafficking; establishing the process for vacating judgments for certain convictions of prostitution and misconduct involving a controlled substance; relating to the Council on Domestic Violence and Sexual Assault; relating to permanent fund dividends for certain individuals whose convictions are vacated; and providing for an effective date."

00 SENATE BILL NO. 66 01 "An Act relating to sex trafficking; establishing the crime of patron of a victim of sex 02 trafficking; relating to the crime of human trafficking; relating to prostitution; relating 03 to sentencing for sex trafficking, patron of a victim of sex trafficking, and human 04 trafficking; establishing the process for vacating judgments for certain convictions of 05 prostitution and misconduct involving a controlled substance; relating to the Council on 06 Domestic Violence and Sexual Assault; relating to permanent fund dividends for certain 07 individuals whose convictions are vacated; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 04.06.110 is amended to read: 10 Sec. 04.06.110. Peace officer powers. The director and the persons employed 11 for the administration and enforcement of this title may, with the concurrence of the 12 commissioner of public safety, exercise the powers of peace officers when those 13 powers are specifically granted by the board. Powers granted by the board under this

01 section may be exercised only when necessary for the enforcement of the criminally 02 punishable provisions of this title, regulations of the board, and other criminally 03 punishable laws and regulations, including investigation of violations of laws against 04 prostitution and sex trafficking described in AS 11.41.340 - 11.41.357 and 05 AS 11.66.100 [AS 11.66.100 - 11.66.135] and laws against gambling, promoting 06 gambling, and related offenses described in AS 11.66.200 - 11.66.280. Unless 07 authorized by a search warrant described in AS 12.35, nothing in this section 08 authorizes the use of metal keys, magnetic card keys, or identification cards to access 09 private clubs. 10 * Sec. 2. AS 09.25.400 is amended to read: 11 Sec. 09.25.400. Privilege relating to domestic violence, sex trafficking, and 12 sexual assault counseling. Confidential communications between a victim of 13 domestic violence, sex trafficking, or sexual assault and a victim counselor are 14 privileged under AS 18.66.200 - 18.66.250. 15 * Sec. 3. AS 11.31.120(h)(2) is amended to read: 16 (2) "serious felony offense" means an offense 17 (A) against the person under AS 11.41, punishable as an 18 unclassified or class A felony; 19 (B) involving controlled substances under AS 11.71, 20 punishable as an unclassified, class A, or class B felony; 21 (C) that is criminal mischief in the first degree under 22 AS 11.46.475; 23 (D) that is terroristic threatening in the first degree under 24 AS 11.56.807; 25 (E) that is human trafficking in the first degree under 26 AS 11.41.360; 27 (F) that is sex trafficking in the first degree under AS 11.41.340 28 [AS 11.66.110]; or 29 (G) that is arson in the first degree under AS 11.46.400 or arson 30 in the second degree under AS 11.46.410. 31 * Sec. 4. AS 11.41 is amended by adding new sections to read:

01 Sec. 11.41.340. Sex trafficking in the first degree. (a) A person commits the 02 crime of sex trafficking in the first degree if the person 03 (1) as other than a patron of a victim of sex trafficking, induces or 04 causes another person to engage in a commercial sexual act through the use of force or 05 threat of force against any person; 06 (2) violates AS 11.41.345 and the person induced or caused to engage 07 in the commercial sexual act is 08 (A) under 20 years of age; 09 (B) in that person's legal custody; or 10 (3) manages, supervises, controls, or owns, either alone or in 11 association with others, a prostitution enterprise or a place of prostitution. 12 (b) In this section, 13 (1) "commercial sexual conduct" means genital or anal intercourse, 14 cunnilingus, fellatio, or masturbation of one person by another person for which 15 anything of value is given or received by any person; in this paragraph, "anything of 16 value" does not include compensation for reasonably apportioned shared expenses of a 17 residence; 18 (2) "place of prostitution" means any place where a person engages in 19 commercial sexual conduct in return for a fee and the person is not the manager, 20 supervisor, owner, or other person who controls the place; 21 (3) "prostitution enterprise" means an arrangement in which two or 22 more persons are organized to render sexual conduct in return for a fee. 23 (c) Sex trafficking in the first degree is an unclassified felony. 24 Sec. 11.41.345. Sex trafficking in the second degree. (a) A person commits 25 the crime of sex trafficking in the second degree if, as other than a patron of a victim 26 of sex trafficking and with the intent to promote sex trafficking, the person induces or 27 causes another person to engage in a commercial sexual act. 28 (b) Sex trafficking in the second degree is a class A felony. 29 Sec. 11.41.350. Sex trafficking in the third degree. (a) A person commits the 30 crime of sex trafficking in the third degree if, as other than a patron of a victim of sex 31 trafficking, the person provides services, resources, or other assistance in furtherance

01 of a violation of AS 11.41.340 or 11.41.345. 02 (b) Sex trafficking in the third degree is a 03 (1) class B felony if the value of the services, resources, or other 04 assistance provided is $200 or more; or 05 (2) class C felony if the value of the services, resources, or other 06 assistance provided is less than $200. 07 Sec. 11.41.355. Patron of a victim of sex trafficking. (a) A person commits 08 the crime of being a patron of a victim of sex trafficking if, under circumstances not 09 proscribed under AS 11.41.434 - 11.41.460, the person solicits a commercial sexual 10 act 11 (1) with reckless disregard that the person engaging in the sexual act is 12 a victim of sex trafficking; or 13 (2) from a person who is under 18 years of age. 14 (b) In a prosecution under (a)(2) of this section, it is an affirmative defense 15 that, at the time of the alleged offense, the defendant 16 (1) reasonably believed the person to be 18 years of age or older; and 17 (2) undertook reasonable measures to verify that the person was 18 18 years of age or older. 19 (c) Patron of a victim of sex trafficking is a 20 (1) class B felony if the person violates (a)(2) of this section; 21 (2) class C felony if the person violates (a)(1) of this section. 22 Sec. 11.41.357. Inducing or causing a person to engage in a commercial 23 sexual act. For purposes of AS 11.41.340 - 11.41.355, a person induces or causes 24 another person to engage in a commercial sexual act including by 25 (1) exposing or threatening to expose confidential information or a 26 secret, whether true or false, that would subject a person to hatred, contempt, or 27 ridicule; 28 (2) destroying, concealing, or threatening to destroy or conceal an 29 actual or purported passport or immigration document or another actual or purported 30 identification document of any person; 31 (3) threatening to report a person to a government agency for the

01 purpose of arrest or deportation; 02 (4) threatening to collect a debt; 03 (5) instilling in a person a fear that lodging, food, clothing, or 04 medication will be withheld from any person; 05 (6) providing a controlled substance to or withholding a controlled 06 substance from the other person; or 07 (7) deception as defined in AS 11.81.900. 08 * Sec. 5. AS 11.41.360(a) is amended to read: 09 (a) A person commits the crime of human trafficking in the first degree if, 10 under circumstances not proscribed under AS 11.41.340 - 11.41.357, the person 11 (1) [COMPELS OR] induces or causes another person to engage in 12 [SEXUAL CONDUCT,] adult entertainment [,] or labor [IN THE STATE] by force or 13 threat of force against any person; or 14 (2) violates AS 11.41.365 and the victim is under 20 years of age [, 15 OR BY DECEPTION]. 16 * Sec. 6. AS 11.41.360(c) is amended to read: 17 (c) Human trafficking in the first degree is an unclassified [A CLASS A] 18 felony. 19 * Sec. 7. AS 11.41.365 is amended to read: 20 Sec. 11.41.365. Human trafficking in the second degree. (a) A person 21 commits the crime of human trafficking in the second degree if, under circumstances 22 not proscribed under AS 11.41.340 - 11.41.357 and with the intent to promote 23 human trafficking, the person induces or causes another person to engage in adult 24 entertainment or labor by 25 (1) exposing or threatening to expose confidential information or a 26 secret, whether true or false, tending to subject a person to hatred, contempt, or 27 ridicule; 28 (2) destroying, concealing, or threatening to destroy or conceal an 29 actual or purported passport or immigration document or another actual or 30 purported identification document of any person; 31 (3) threatening to report a person to a government agency for the

01 purpose of arrest or deportation; 02 (4) threatening to collect a debt; 03 (5) instilling in a person a fear that lodging, food, clothing, or 04 medication will be withheld from any person; 05 (6) providing a controlled substance to or withholding a controlled 06 substance from the other person; or 07 (7) deception as defined in AS 11.81.900 [OBTAINS A BENEFIT 08 FROM THE COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, 09 WITH RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE 10 TRAFFICKING]. 11 (b) Human trafficking in the second degree is a class A [B] felony. 12 * Sec. 8. AS 11.41 is amended by adding new sections to read: 13 Sec. 11.41.366. Human trafficking in the third degree. (a) A person 14 commits the crime of human trafficking in the third degree if the person provides 15 services, resources, or other assistance with the intent to promote a violation of 16 AS 11.41.360 or 11.41.365. 17 (b) Human trafficking in the third degree is a 18 (1) class B felony if the value of the services, resources, or other 19 assistance provided is $200 or more; 20 (2) class C felony if the value of the services, resources, or other 21 assistance provided is less than $200. 22 Sec. 11.41.367. Applicability of AS 11.41.360 - 11.41.366. A normal 23 caretaker request of a child or a normal interaction with a child is not a violation of 24 AS 11.41.360 - 11.41.366. 25 Sec. 11.41.368. Corroboration of certain testimony not required. In a 26 prosecution under AS 11.41.340 - 11.41.366, it is not necessary that the testimony of 27 the person whose conduct is alleged to have been compelled or promoted be 28 corroborated by the testimony of any other witness or by documentary or other types 29 of evidence. 30 Sec. 11.41.369. Forfeiture. Property used to institute, aid, or facilitate, or 31 received or derived from, a violation of AS 11.41.340 - 11.41.366, including real

01 property, may be forfeited at sentencing. 02 * Sec. 9. AS 11.41.530(a) is amended to read: 03 (a) A person commits the crime of coercion if, under circumstances not 04 proscribed under AS 11.41.340 - 11.41.366 or 11.41.410 - 11.41.427 [AS 11.41.410 - 05 11.41.427], the person compels another to engage in conduct from which there is a 06 legal right to abstain or abstain from conduct in which there is a legal right to engage, 07 by means of instilling in the person who is compelled a fear that, if the demand is not 08 complied with, the person who makes the demand or another may 09 (1) inflict physical injury on anyone, except under circumstances 10 constituting robbery in any degree, or commit any other crime; 11 (2) accuse anyone of a crime; 12 (3) expose confidential information or a secret, whether true or false, 13 tending to subject a person to hatred, contempt, or ridicule or to impair the person's 14 credit or business repute; 15 (4) take or withhold action as a public servant or cause a public servant 16 to take or withhold action; 17 (5) bring about or continue a strike, boycott, or other collective 18 unofficial action, if the property is not demanded or received for the benefit of the 19 group in whose interest the person making the threat or suggestion purports to act; 20 (6) testify or provide information or withhold testimony or information 21 with respect to a person's legal claim or defense. 22 * Sec. 10. AS 11.66.100(c) is amended to read: 23 (c) A person may not be prosecuted under (a)(1) of this section if the 24 (1) person witnessed or was a victim of, and reported to law 25 enforcement in good faith, one or more of the following crimes: 26 (A) murder in the first degree under AS 11.41.100; 27 (B) murder in the second degree under AS 11.41.110; 28 (C) manslaughter under AS 11.41.120; 29 (D) criminally negligent homicide under AS 11.41.130; 30 (E) assault in the first degree under AS 11.41.200; 31 (F) assault in the second degree under AS 11.41.210;

01 (G) assault in the third degree under AS 11.41.220; 02 (H) assault in the fourth degree under AS 11.41.230; 03 (I) sexual assault in the first degree under AS 11.41.410; 04 (J) sexual assault in the second degree under AS 11.41.420; 05 (K) sexual assault in the third degree under AS 11.41.425; 06 (L) sexual assault in the fourth degree under AS 11.41.427; 07 (M) sexual abuse of a minor in the first degree under 08 AS 11.41.434; 09 (N) sexual abuse of a minor in the second degree under 10 AS 11.41.436; 11 (O) sexual abuse of a minor in the third degree under 12 AS 11.41.438; 13 (P) sexual abuse of a minor in the fourth degree under 14 AS 11.41.440; 15 (Q) robbery in the first degree under AS 11.41.500; 16 (R) robbery in the second degree under AS 11.41.510; 17 (S) extortion under AS 11.41.520; 18 (T) coercion under AS 11.41.530; 19 (U) distribution of child pornography under AS 11.61.125; 20 (V) possession of child pornography under AS 11.61.127; 21 (W) sex trafficking in the first degree under AS 11.41.340 22 [AS 11.66.110]; 23 (X) sex trafficking in the second degree under AS 11.41.345 24 [AS 11.66.120]; 25 (Y) sex trafficking in the third degree under AS 11.41.350 26 [AS 11.66.130]; [OR] 27 (Z) sex trafficking in the fourth degree under AS 11.66.135; or 28 (AA) patron of a victim of sex trafficking under 29 AS 11.41.355; 30 (2) evidence supporting the prosecution under (a)(1) of this section 31 was obtained or discovered as a result of the person reporting the crime to law

01 enforcement; and 02 (3) person cooperated with law enforcement personnel. 03 * Sec. 11. AS 11.66.100(d) is amended to read: 04 (d) Prostitution [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, 05 PROSTITUTION] is a 06 (1) class B misdemeanor if the defendant violates (a)(1) of this 07 section; 08 (2) class A misdemeanor if the defendant violates (a)(2) of this 09 section; 10 (3) class C felony if the defendant violates (a)(2) of this section and, 11 within the preceding five years, the defendant has been previously convicted on 12 two or more separate occasions in this or another jurisdiction of an offense under 13 (a)(2) of this section or an offense under another law or ordinance with similar 14 elements. 15 * Sec. 12. AS 11.66.100 is amended by adding a new subsection to read: 16 (f) Upon conviction under (d)(3) of this section, any property used to institute, 17 aid, or facilitate, or received or derived from, a violation of (d)(3) of this section may 18 be forfeited. 19 * Sec. 13. AS 11.81.250(a) is amended to read: 20 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 21 title, except murder in the first and second degree, attempted murder in the first 22 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 23 in the first degree, murder of an unborn child, human trafficking in the first degree, 24 sexual assault in the first degree, sexual abuse of a minor in the first degree, 25 misconduct involving a controlled substance in the first degree, sex trafficking in the 26 first degree [UNDER AS 11.66.110(a)(2)], and kidnapping, are classified on the basis 27 of their seriousness, according to the type of injury characteristically caused or risked 28 by commission of the offense and the culpability of the offender. Except for murder in 29 the first and second degree, attempted murder in the first degree, solicitation to 30 commit murder in the first degree, conspiracy to commit murder in the first degree, 31 murder of an unborn child, human trafficking in the first degree, sexual assault in

01 the first degree, sexual abuse of a minor in the first degree, misconduct involving a 02 controlled substance in the first degree, sex trafficking in the first degree [UNDER 03 AS 11.66.110(a)(2)], and kidnapping, the offenses in this title are classified into the 04 following categories: 05 (1) class A felonies, which characteristically involve conduct resulting 06 in serious physical injury or a substantial risk of serious physical injury to a person; 07 (2) class B felonies, which characteristically involve conduct resulting 08 in less severe violence against a person than class A felonies, aggravated offenses 09 against property interests, or aggravated offenses against public administration or 10 order; 11 (3) class C felonies, which characteristically involve conduct serious 12 enough to deserve felony classification but not serious enough to be classified as A or 13 B felonies; 14 (4) class A misdemeanors, which characteristically involve less severe 15 violence against a person, less serious offenses against property interests, less serious 16 offenses against public administration or order, or less serious offenses against public 17 health and decency than felonies; 18 (5) class B misdemeanors, which characteristically involve a minor 19 risk of physical injury to a person, minor offenses against property interests, minor 20 offenses against public administration or order, or minor offenses against public health 21 and decency; 22 (6) violations, which characteristically involve conduct inappropriate 23 to an orderly society but which do not denote criminality in their commission. 24 * Sec. 14. AS 11.81.250(b) is amended to read: 25 (b) The classification of each felony defined in this title, except murder in the 26 first and second degree, attempted murder in the first degree, solicitation to commit 27 murder in the first degree, conspiracy to commit murder in the first degree, murder of 28 an unborn child, human trafficking in the first degree, sexual assault in the first 29 degree, sexual abuse of a minor in the first degree, misconduct involving a controlled 30 substance in the first degree, sex trafficking in the first degree [UNDER 31 AS 11.66.110(a)(2)], and kidnapping, is designated in the section defining it. A felony

01 under the law of this state defined outside this title for which no penalty is specifically 02 provided is a class C felony. 03 * Sec. 15. AS 11.81.900(b) is amended by adding new paragraphs to read: 04 (69) "adult entertainment" means where one or more individuals are 05 employed, contracted, or permitted to, wholly or in part, entertain others by 06 (A) removing clothes or other items that clothe or hide the 07 person's body; 08 (B) dancing or in any other manner exhibiting the individual's 09 body in a completely or almost completely unclothed state; 10 (C) participating in a simulated illegal, indecent, or lewd 11 exhibition, act, or practice, including simulated 12 (i) sexual penetration; 13 (ii) the lewd exhibition or touching of a person's 14 genitals, anus, or breast; or 15 (iii) bestiality; 16 (70) "commercial sexual act" means a sexual act for which anything of 17 value is given or received by any person; in this paragraph, "anything of value" does 18 not include compensation for reasonably apportioned shared expenses of a residence; 19 (71) "services, resources, or other assistance" includes financial 20 support, business services, lodging, transportation, providing false identification 21 documents or other documentation, equipment, facilities, or any other service or 22 property, regardless of whether a person is compensated; 23 (72) "sexual act" means sexual penetration or sexual contact; 24 (73) "sexual conduct" means genital or anal intercourse, cunnilingus, 25 fellatio, or masturbation of one person by another person; 26 (74) "victim of sex trafficking" means a person who has been induced 27 or caused to engage in a commercial sexual act under AS 11.41.340 - 11.41.350. 28 * Sec. 16. AS 12.10.010 is amended to read: 29 Sec. 12.10.010. General time limitations. (a) Prosecution for the following 30 offenses may be commenced at any time: 31 (1) murder;

01 (2) attempt, solicitation, or conspiracy to commit murder or hindering 02 the prosecution of murder; 03 (3) felony sexual abuse of a minor; 04 (4) sexual assault that is an unclassified, class A, or class B felony or a 05 violation of AS 11.41.425(a)(2) - (4); 06 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 07 [AS 11.66.110 - 11.66.130,] or former AS 11.41.430, when committed against a 08 person who, at the time of the offense, was under 18 years of age; 09 (6) kidnapping; 10 (7) distribution of child pornography in violation of AS 11.61.125; 11 (8) sex trafficking in the first or second degree [VIOLATION OF 12 AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR CLASS B 13 FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT THE 14 TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE]; 15 (9) human trafficking in the first or second degree [VIOLATION OF 16 AS 11.41.360 OR 11.41.365]. 17 (b) Except as otherwise provided by law or in (a) of this section, a person may 18 not be prosecuted, tried, or punished for an offense unless the indictment is found or 19 the information or complaint is instituted not later than 20 (1) 10 years after the commission of a felony offense in violation of 21 AS 11.41.120 - 11.41.330, 11.41.350, 11.41.366, 11.41.425(a)(1), 11.41.425(a)(5), 22 11.41.425(a)(6), or 11.41.450 - 11.41.458; or 23 (2) five years after the commission of any other offense. 24 * Sec. 17. AS 12.37.010 is amended to read: 25 Sec. 12.37.010. Authorization to intercept communications. The attorney 26 general, or a person designated in writing or by law to act for the attorney general, 27 may authorize, in writing, an ex parte application to a court of competent jurisdiction 28 for an order authorizing the interception of a private communication if the interception 29 may provide evidence of, or may assist in the apprehension of persons who have 30 committed, are committing, or are planning to commit, the following offenses: 31 (1) murder in the first or second degree under AS 11.41.100 -

01 11.41.110; 02 (2) kidnapping under AS 11.41.300; 03 (3) a class A or unclassified felony drug offense under AS 11.71; 04 (4) sex trafficking in the first or second degree under AS 11.41.340 or 05 11.41.345 [AS 11.66.110 AND 11.66.120]; or 06 (5) human trafficking in the first or second degree under AS 11.41.360 07 or 11.41.365. 08 * Sec. 18. AS 12.45.049 is amended to read: 09 Sec. 12.45.049. Privilege relating to domestic violence, sex trafficking, and 10 sexual assault counseling. Confidential communications between a victim of 11 domestic violence, sex trafficking, or sexual assault and a victim counselor are 12 privileged under AS 18.66.200 - 18.66.250. 13 * Sec. 19. AS 12.55.035(b) is amended to read: 14 (b) Upon conviction of an offense, a defendant who is not an organization may 15 be sentenced to pay, unless otherwise specified in the provision of law defining the 16 offense, a fine of not more than 17 (1) $500,000 for murder in the first or second degree, attempted 18 murder in the first degree, murder of an unborn child, human trafficking in the first 19 degree, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), 20 sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first 21 degree [UNDER AS 11.66.110(a)(2)], or misconduct involving a controlled substance 22 in the first degree; 23 (2) $250,000 for a class A felony; 24 (3) $100,000 for a class B felony; 25 (4) $50,000 for a class C felony; 26 (5) $25,000 for a class A misdemeanor; 27 (6) $2,000 for a class B misdemeanor; 28 (7) $500 for a violation. 29 * Sec. 20. AS 12.55.078(f) is amended to read: 30 (f) The court may not suspend the imposition or entry of judgment and may 31 not defer prosecution under this section of a person who

01 (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 02 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 03 AS 11.46.400, or AS 11.61.125 - 11.61.128 [, OR AS 11.66.110 - 11.66.135]; 04 (2) uses a firearm in the commission of the offense for which the 05 person is charged; 06 (3) has previously been granted a suspension of judgment under this 07 section or a similar statute in another jurisdiction, unless the court enters written 08 findings that by clear and convincing evidence the person's prospects for rehabilitation 09 are high and suspending judgment under this section adequately protects the victim of 10 the offense, if any, and the community; 11 (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 12 and the person has one or more prior convictions for a misdemeanor violation of 13 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 14 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 15 felony in this state; for the purposes of this paragraph, a person shall be considered to 16 have a prior conviction even if 17 (A) the charges were dismissed under this section; 18 (B) the conviction has been set aside under AS 12.55.085; or 19 (C) the charge or conviction was dismissed or set aside under 20 an equivalent provision of the laws of another jurisdiction; or 21 (5) is charged with a crime involving domestic violence, as defined in 22 AS 18.66.990. 23 * Sec. 21. AS 12.55.085(f) is amended to read: 24 (f) The court may not suspend the imposition of sentence of a person who 25 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 26 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 27 AS 11.46.400, or AS 11.61.125 - 11.61.128 [, OR AS 11.66.110 - 11.66.135]; 28 (2) uses a firearm in the commission of the offense for which the 29 person is convicted; or 30 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 31 and the person has one or more prior convictions for a misdemeanor violation of

01 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 02 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 03 felony in this state; for the purposes of this paragraph, a person shall be considered to 04 have a prior conviction even if that conviction has been set aside under (e) of this 05 section or under the equivalent provision of the laws of another jurisdiction. 06 * Sec. 22. AS 12.55.125(b) is amended to read: 07 (b) A defendant convicted of attempted murder in the first degree, solicitation 08 to commit murder in the first degree, conspiracy to commit murder in the first degree, 09 kidnapping, human trafficking in the first degree, or misconduct involving a 10 controlled substance in the first degree shall be sentenced to a definite term of 11 imprisonment of at least five years but not more than 99 years. A defendant convicted 12 of murder in the second degree or murder of an unborn child under 13 AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at 14 least 15 years but not more than 99 years. A defendant convicted of murder in the 15 second degree shall be sentenced to a definite term of imprisonment of at least 20 16 years but not more than 99 years when the defendant is convicted of the murder of a 17 child under 16 years of age and the court finds by clear and convincing evidence that 18 the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal 19 guardian, or a person occupying a position of authority in relation to the child; or (2) 20 caused the death of the child by committing a crime against a person under 21 AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 22 authority" have the meanings given in AS 11.41.470. 23 * Sec. 23. AS 12.55.125(i) is amended to read: 24 (i) A defendant convicted of 25 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 26 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 27 under AS 11.41.455(c)(2), or sex trafficking in the first degree [UNDER 28 AS 11.66.110(a)(2)] may be sentenced to a definite term of imprisonment of not more 29 than 99 years and shall be sentenced to a definite term within the following 30 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 31 (A) if the offense is a first felony conviction, the offense does

01 not involve circumstances described in (B) of this paragraph, and the victim 02 was 03 (i) less than 13 years of age, 25 to 35 years; 04 (ii) 13 years of age or older, 20 to 30 years; 05 (B) if the offense is a first felony conviction and the defendant 06 possessed a firearm, used a dangerous instrument, or caused serious physical 07 injury during the commission of the offense, 25 to 35 years; 08 (C) if the offense is a second felony conviction and does not 09 involve circumstances described in (D) of this paragraph, 30 to 40 years; 10 (D) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 35 to 45 years; 12 (E) if the offense is a third felony conviction and the defendant 13 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 14 to 60 years; 15 (F) if the offense is a third felony conviction, the defendant is 16 not subject to sentencing under (l) of this section, and the defendant has two 17 prior convictions for sexual felonies, 99 years; 18 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), sex 19 trafficking in the second degree, unlawful exploitation of a minor under 20 AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), or attempt, 21 conspiracy, or solicitation to commit sexual assault in the first degree under 22 AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, 23 unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex trafficking in the 24 first degree [UNDER AS 11.66.110(a)(2)] may be sentenced to a definite term of 25 imprisonment of not more than 99 years and shall be sentenced to a definite term 26 within the following presumptive ranges, subject to adjustment as provided in 27 AS 12.55.155 - 12.55.175: 28 (A) if the offense is a first felony conviction, the offense does 29 not involve circumstances described in (B) of this paragraph, and the victim 30 was 31 (i) under 13 years of age, 20 to 30 years;

01 (ii) 13 years of age or older, 15 to 30 years; 02 (B) if the offense is a first felony conviction and the defendant 03 possessed a firearm, used a dangerous instrument, or caused serious physical 04 injury during the commission of the offense, 25 to 35 years; 05 (C) if the offense is a second felony conviction and does not 06 involve circumstances described in (D) of this paragraph, 25 to 35 years; 07 (D) if the offense is a second felony conviction and the 08 defendant has a prior conviction for a sexual felony, 30 to 40 years; 09 (E) if the offense is a third felony conviction, the offense does 10 not involve circumstances described in (F) of this paragraph, and the defendant 11 is not subject to sentencing under (l) of this section, 35 to 50 years; 12 (F) if the offense is a third felony conviction, the defendant is 13 not subject to sentencing under (l) of this section, and the defendant has two 14 prior convictions for sexual felonies, 99 years; 15 (3) sex trafficking in the third degree under AS 11.41.350(b)(1), 16 patron of a victim of sex trafficking under AS 11.41.355(c)(1), sexual assault in the 17 second degree, sexual abuse of a minor in the second degree, enticement of a minor 18 under AS 11.41.452(d), indecent exposure in the first degree under 19 AS 11.41.458(b)(2), distribution of child pornography under AS 11.61.125(e)(2), or 20 attempt, conspiracy, or solicitation to commit sexual assault in the first degree under 21 AS 11.41.410(a)(1)(B), sex trafficking in the second degree, unlawful exploitation 22 of a minor under AS 11.41.455(c)(1), or enticement of a minor under 23 AS 11.41.452(e) may be sentenced to a definite term of imprisonment of not more 24 than 99 years and shall be sentenced to a definite term within the following 25 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 26 (A) if the offense is a first felony conviction, five to 15 years; 27 (B) if the offense is a second felony conviction and does not 28 involve circumstances described in (C) of this paragraph, 10 to 25 years; 29 (C) if the offense is a second felony conviction and the 30 defendant has a prior conviction for a sexual felony, 15 to 30 years; 31 (D) if the offense is a third felony conviction and does not

01 involve circumstances described in (E) of this paragraph, 20 to 35 years; 02 (E) if the offense is a third felony conviction and the defendant 03 has two prior convictions for sexual felonies, 99 years; 04 (4) sex trafficking in the third degree under AS 11.41.350(b)(2), 05 patron of a victim of sex trafficking under AS 11.41.355(c)(2), sexual assault in the 06 third degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), 07 incest, indecent exposure in the first degree under AS 11.41.458(b)(1), indecent 08 viewing or production of a picture under AS 11.61.123(g)(1) or (2) 09 [AS 11.61.123(f)(1) OR (2)], possession of child pornography, distribution of child 10 pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to 11 commit sex trafficking in the third degree under AS 11.41.350(b)(1), patron of a 12 victim of sex trafficking under AS 11.41.355(c)(1), sexual assault in the second 13 degree, sexual abuse of a minor in the second degree, indecent viewing or 14 production of a picture under AS 11.61.123(g)(1) or (2), [UNLAWFUL 15 EXPLOITATION OF A MINOR,] or distribution of child pornography under 16 AS 11.61.125(e)(2), may be sentenced to a definite term of imprisonment of not more 17 than 99 years and shall be sentenced to a definite term within the following 18 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (A) if the offense is a first felony conviction and does not 20 involve the circumstances described in (B) or (C) of this paragraph, two to 12 21 years; 22 (B) if the offense is a first felony conviction under 23 AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 24 paragraph, four to 12 years; 25 (C) if the offense is a first felony conviction under 26 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 27 a mechanism for multi-party sharing or distribution of child pornography, or 28 received a financial benefit or had a financial interest in a child pornography 29 sharing or distribution mechanism, six to 14 years; 30 (D) if the offense is a second felony conviction and does not 31 involve circumstances described in (E) of this paragraph, eight to 15 years;

01 (E) if the offense is a second felony conviction and the 02 defendant has a prior conviction for a sexual felony, 12 to 20 years; 03 (F) if the offense is a third felony conviction and does not 04 involve circumstances described in (G) of this paragraph, 15 to 25 years; 05 (G) if the offense is a third felony conviction and the defendant 06 has two prior convictions for sexual felonies, 99 years. 07 * Sec. 24. AS 12.55.135 is amended by adding a new subsection to read: 08 (q) A defendant convicted under AS 11.66.100(a)(2) shall be sentenced to a 09 minimum term of imprisonment of 72 hours if the defendant has been previously 10 convicted once in the previous five years in this or another jurisdiction of an offense 11 under AS 11.66.100(a)(2) or an offense under another law or ordinance with similar 12 elements. 13 * Sec. 25. AS 12.55.185(10) is amended to read: 14 (10) "most serious felony" means 15 (A) arson in the first degree, [SEX TRAFFICKING IN THE 16 FIRST DEGREE UNDER AS 11.66.110(a)(2),] enticement of a minor under 17 AS 11.41.452(e), or any unclassified or class A felony prescribed under 18 AS 11.41; or 19 (B) an attempt, or conspiracy to commit, or criminal 20 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 21 AS 11.41; 22 * Sec. 26. 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, sex trafficking 25 in the second degree, sexual assault in the second degree, sexual abuse of a minor in 26 the second degree, sex trafficking in the third degree, patron of a victim of sex 27 trafficking, sexual abuse of a minor in the third degree under AS 11.41.438(c), 28 unlawful exploitation of a minor, indecent viewing or production of a picture under 29 AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], distribution of child 30 pornography, sexual assault in the third degree, incest, indecent exposure in the first 31 degree, possession of child pornography, enticement of a minor, and felony attempt,

01 conspiracy, or solicitation to commit those crimes; 02 * Sec. 27. AS 12.62.900(23) is amended to read: 03 (23) "serious offense" means a conviction for a violation or for an 04 attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 05 or of the laws of another jurisdiction with substantially similar elements: 06 (A) a felony offense; 07 (B) a crime involving domestic violence; 08 (C) AS 11.41.410 - 11.41.470; 09 (D) AS 11.51.130 or 11.51.200 - 11.56.210; 10 (E) AS 11.61.110(a)(7) or 11.61.125; 11 (F) AS 11.66.100 [AS 11.66.100 - 11.66.130]; 12 (G) former AS 11.15.120, former 11.15.134, or assault with the 13 intent to commit rape under former AS 11.15.160; or 14 (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 15 11.40.420, if committed before January 1, 1980. 16 * Sec. 28. AS 12.63.100(7) is amended to read: 17 (7) "sex offense" means 18 (A) a crime under AS 11.41.100(a)(3), or a similar law of 19 another jurisdiction, in which the person committed or attempted to commit a 20 sexual offense, or a similar offense under the laws of the other jurisdiction; in 21 this subparagraph, "sexual offense" has the meaning given in 22 AS 11.41.100(a)(3); 23 (B) a crime under AS 11.41.110(a)(3), or a similar law of 24 another jurisdiction, in which the person committed or attempted to commit 25 one of the following crimes, or a similar law of another jurisdiction: 26 (i) sexual assault in the first degree; 27 (ii) sexual assault in the second degree; 28 (iii) sexual abuse of a minor in the first degree; or 29 (iv) sexual abuse of a minor in the second degree; 30 (C) a crime, or an attempt, solicitation, or conspiracy to commit 31 a crime, under the following statutes or a similar law of another jurisdiction:

01 (i) AS 11.41.410 - 11.41.438; 02 (ii) AS 11.41.440(a)(2); 03 (iii) AS 11.41.450 - 11.41.458; 04 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 05 exposure is before a person under 16 years of age and the offender has 06 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 07 (v) AS 11.61.125 - 11.61.128; 08 (vi) former AS 11.66.110, former 11.66.130(a)(2)(B), 09 or AS 26.05.900(b) if the person who was induced or caused to engage 10 in prostitution was under 20 years of age at the time of the offense; 11 (vii) former AS 11.15.120, former 11.15.134, or assault 12 with the intent to commit rape under former AS 11.15.160, former 13 AS 11.40.110, or former 11.40.200; 14 (viii) AS 11.61.118(a)(2) if the offender has a previous 15 conviction for that offense; 16 (ix) [AS 11.66.100(a)(2) IF THE OFFENDER IS 17 SUBJECT TO PUNISHMENT UNDER AS 11.66.100(e); 18 (x)] AS 26.05.890 if the person engaged in sexual 19 penetration or sexual contact with the victim; 20 (x) (xi) AS 26.05.890 if, at the time of the offense, the 21 victim is under a duty to obey the lawful orders of the offender, 22 regardless of whether the offender is in the direct chain of command 23 over the victim; 24 (xi) [(xii)] AS 26.05.893 if the person engaged in sexual 25 penetration or sexual contact with the victim; 26 (xii) [(xiii)] AS 26.05.900(a)(1) - (4) if the victim is 27 under 18 years of age at the time of the offense; 28 (xiii) [(xiv)] AS 26.05.900 if, at the time of the offense, 29 the victim is under a duty to obey the lawful orders of the offender, 30 regardless of whether the offender is in the direct chain of command 31 over the victim; or

01 (xiv) [(xv)] AS 11.61.123 if the offender is subject to 02 punishment under AS 11.61.123(g)(1) or (2); 03 (xv) AS 11.41.340 - 11.41.345 and 11.41.355 04 [AS 11.61.123(f)(1) OR (2)]; 05 (D) an offense, or an attempt, solicitation, or conspiracy to 06 commit an offense, under AS 26.05.935(b), or a similar law of another 07 jurisdiction, if the member of the militia commits one of the following 08 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 09 Code of Military Justice): 10 (i) child pornography; or 11 (ii) pandering and prostitution if the person who is 12 induced, enticed, caused, or procured to engage in a sexual act is under 13 20 years of age at the time of the offense; or 14 (E) an offense in which the person is required to register as a 15 sex offender under the laws of another jurisdiction; 16 * Sec. 29. AS 12.72 is amended by adding new sections to read: 17 Sec. 12.72.100. Vacation of judgment of conviction for prostitution or 18 misconduct involving a controlled substance. A person who, at the time of the 19 offense, was or would have been a victim of sex trafficking as defined in 20 AS 11.81.900, and who was convicted or adjudicated delinquent for prostitution under 21 AS 11.66.100(a)(1), misconduct involving a controlled substance under AS 11.71.050 22 or 11.71.060, or a similar municipal ordinance may petition the court to vacate the 23 judgment. 24 Sec. 12.72.105. Filing of petition for vacation of judgment. (a) A petition 25 under this chapter must be filed with the clerk at the court location where the 26 underlying criminal case was filed and a copy must be served on the prosecuting 27 authority responsible for obtaining the conviction. 28 (b) If the prosecuting authority does not file a response within 45 days after 29 service of the petition, the court may grant the vacation of judgment without further 30 proceedings. 31 Sec. 12.72.110. Limitations on petition for vacation of judgment. (a) A

01 petition under this chapter may not be filed until a judgment has been entered or, if the 02 conviction was appealed, until the court's decision is final under the Alaska Rules of 03 Appellate Procedure. 04 (b) An action for a petition for vacation of judgment under AS 12.72.100 does 05 not give rise to the right to a trial by jury. 06 Sec. 12.72.115. Presumption and burden of proof in vacation of judgment 07 proceedings. (a) The person petitioning the court for a vacation of judgment of 08 conviction or adjudication of delinquency for prostitution under AS 11.66.100(a)(1), 09 misconduct involving a controlled substance under AS 11.71.050 or 11.71.060, or a 10 similar municipal ordinance must prove all factual assertions by a preponderance of 11 the evidence. 12 (b) There is rebuttable presumption that a person who was under 18 years of 13 age at the time of the offense under AS 11.66.100(a)(1) was or would have been a 14 victim of sex trafficking. 15 Sec. 12.72.120. Vacation of judgment. (a) If the court grants the petition for a 16 vacation of judgment, 17 (1) the judgment of conviction or adjudication of delinquency for 18 prostitution under AS 11.66.100(a)(1), misconduct involving a controlled substance 19 under AS 11.71.050 or 11.71.060, or a similar municipal ordinance shall be vacated; 20 (2) the Alaska Court System may not publish on a publicly available 21 Internet website the court records of the conviction for prostitution under 22 AS 11.66.100(a)(1), misconduct involving a controlled substance under AS 11.71.050 23 or 11.71.060, or a similar municipal ordinance if the person was not convicted of a 24 felony charge in that case; and 25 (3) the Department of Public Safety may not release information 26 related to the conviction for prostitution under AS 11.66.100(a)(1), misconduct 27 involving a controlled substance under AS 11.71.050 or 11.71.060, or a similar 28 municipal ordinance in response to a request under AS 12.62.160(b)(6), (8), or (9). 29 (b) The Alaska Court System shall remove a person's court records from a 30 publicly available Internet website under (a)(2) of this section within 30 days after the 31 court grants a petition for vacation of judgment.

01 * Sec. 30. AS 18.66.010 is amended to read: 02 Sec. 18.66.010. Council on Domestic Violence and Sexual Assault; 03 purpose. There is established in the Department of Public Safety the Council on 04 Domestic Violence and Sexual Assault. The purpose of the council is to provide for 05 planning and coordination of services to victims of domestic violence, sex trafficking, 06 or sexual assault or to their families and to perpetrators of domestic violence and 07 sexual assault and to provide for crisis intervention and prevention programs. 08 * Sec. 31. AS 18.66.050 is amended to read: 09 Sec. 18.66.050. Duties of the council. The council shall 10 (1) hire an executive director, and the executive director may hire staff; 11 the executive director is in the exempt service under AS 39.25.110 and staff members 12 are in the classified service under AS 39.25.100; 13 (2) elect one of its members as presiding officer; 14 (3) in consultation with authorities in the field, develop, implement, 15 maintain, and monitor domestic violence, sexual assault, and crisis intervention and 16 prevention programs, including educational programs, films, and school curricula on 17 the cause, prevention, and treatment of domestic violence, sex trafficking, and sexual 18 assault; 19 (4) coordinate services provided by the Department of Law, the 20 Department of Education and Early Development, the Department of Public Safety, 21 the Department of Health, the Department of Corrections, and other state agencies and 22 community groups dealing with domestic violence, sex trafficking, sexual assault, 23 and crisis intervention and prevention, and provide technical assistance as requested 24 by those state agencies and community groups; 25 (5) develop and implement a standardized data collection system on 26 domestic violence, sex trafficking, sexual assault, and crisis intervention and 27 prevention; 28 (6) conduct public hearings and studies on issues relating to violence, 29 including domestic violence, sex trafficking, and sexual assault, and on issues relating 30 to the role of crisis intervention and prevention; 31 (7) receive and dispense state and federal money and award grants and

01 contracts from appropriations for the purpose to qualified local community entities for 02 domestic violence, sexual assault, and crisis intervention and prevention programs; 03 (8) oversee and audit domestic violence, sexual assault, and crisis 04 intervention and prevention programs that receive money under this chapter; 05 (9) provide fiscal and technical assistance to plan, organize, 06 implement, and administer domestic violence, sexual assault, and crisis intervention 07 and prevention programs; 08 (10) make an annual report to the governor on the activities of the 09 council, plans of the council for new services and programs, and concerns of the 10 council, including recommendations for legislation necessary to carry out the purposes 11 of this chapter; the council shall notify the legislature that the report is available; 12 (11) adopt regulations in accordance with AS 44.62 (Administrative 13 Procedure Act) to carry out the purposes of this chapter and to protect the health, 14 safety, well-being, and privacy of persons receiving services financed with grants or 15 contracts under this chapter; 16 (12) consult with the Department of Health in the formulation of 17 standards and procedures for the delivery of services to victims of domestic violence 18 by health care facilities and practitioners of healing arts and personnel in those 19 facilities as required in AS 18.66.300; 20 (13) consult with the Alaska Police Standards Council and other police 21 training programs in the state to develop training programs regarding domestic 22 violence for police officers and for correction, probation, and parole officers; 23 (14) consult with public employers, the Alaska Supreme Court, school 24 districts, and prosecuting authorities who are required by AS 18.66.300 - 18.66.310 to 25 provide continuing education courses in domestic violence to employees. 26 * Sec. 32. AS 18.66.060 is amended to read: 27 Sec. 18.66.060. Qualifications for grants and contracts. A local community 28 entity is qualified to receive a grant or contract under this chapter if it agrees to 29 provide services approved by the council to victims of domestic violence, sex 30 trafficking, or sexual assault or their families or to perpetrators of domestic violence 31 or sexual assault without regard to ability to pay.

01 * Sec. 33. AS 18.66.210 is amended to read: 02 Sec. 18.66.210. Exceptions. The privilege provided under AS 18.66.200 does 03 not apply to 04 (1) reports of suspected child abuse or neglect under AS 47.17; 05 (2) evidence that the victim is about to commit a crime; 06 (3) a proceeding that occurs after the victim's death; 07 (4) a communication relevant to an issue of breach by the victim or 08 victim counselor of a duty arising out of the victim-victim counselor relationship; 09 (5) a communication that is determined to be admissible hearsay as an 10 excited utterance under the Alaska Rules of Evidence; 11 (6) a child-in-need-of-aid proceeding under AS 47.10; 12 (7) a communication made during the victim-victim counselor 13 relationship if the services of the counselor were sought, obtained, or used to enable 14 anyone to commit or plan a crime or to escape detection or apprehension after the 15 commission of a crime; or 16 (8) a criminal proceeding concerning criminal charges against a victim 17 of domestic violence, sex trafficking, or sexual assault where the victim is charged 18 with a crime 19 (A) under AS 11.41 against a minor; or 20 (B) in which the physical, mental, or emotional condition of the 21 victim is raised in defense of the victim. 22 * Sec. 34. AS 18.66.250(3) is amended to read: 23 (3) "victim" means a person who consults a victim counselor for 24 assistance in overcoming adverse effects of a sexual assault, sex trafficking. or 25 domestic violence; 26 * Sec. 35. AS 18.66.990(2) is amended to read: 27 (2) "crisis intervention and prevention program" means a community 28 program that provides information, education, counseling, and referral services to 29 individuals experiencing personal crisis related to domestic violence, sex trafficking, 30 or sexual assault and to individuals in personal or professional transition, excluding 31 correctional half-way houses, outpatient mental health programs, and drug or alcohol

01 rehabilitation programs; 02 * Sec. 36. AS 18.67.101 is amended to read: 03 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 04 board may order the payment of compensation in accordance with the provisions of 05 this chapter for personal injury or death that resulted from 06 (1) an attempt on the part of the applicant to prevent the commission of 07 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 08 officer to do so, or aiding a victim of crime; [OR] 09 (2) the commission or attempt on the part of one other than the 10 applicant to commit any of the following offenses: 11 (A) murder in any degree; 12 (B) manslaughter; 13 (C) criminally negligent homicide; 14 (D) assault in any degree; 15 (E) kidnapping; 16 (F) sexual assault in any degree; 17 (G) sexual abuse of a minor; 18 (H) robbery in any degree; 19 (I) threats to do bodily harm; 20 (J) driving while under the influence of an alcoholic beverage, 21 inhalant, or controlled substance or another crime resulting from the operation 22 of a motor vehicle, boat, or airplane when the offender is under the influence 23 of an alcoholic beverage, inhalant, or controlled substance; 24 (K) arson in the first degree; 25 (L) [SEX TRAFFICKING IN VIOLATION OF AS 11.66.110 26 OR 11.66.130(a)(2)(B); 27 (M)] human trafficking in any degree; or 28 (M) [(N)] unlawful exploitation of a minor; or 29 (3) the applicant being a victim of sex trafficking as defined in 30 AS 11.81.900(b). 31 * Sec. 37. AS 18.85.100(c) is amended to read:

01 (c) An indigent person is entitled to representation under (a) and (b) of this 02 section for purposes of bringing a timely application for post-conviction relief or a 03 petition for vacation of judgment under AS 12.72. An indigent person is not entitled 04 to representation under (a) and (b) of this section for purposes of bringing 05 (1) an untimely or successive application for post-conviction relief or 06 a petition for vacation of judgment under AS 12.72 or an untimely or successive 07 motion for reduction or modification of sentence; 08 (2) a petition for review or certiorari from an appellate court ruling on 09 an application for post-conviction relief; or 10 (3) an action or claim for habeas corpus in federal court attacking a 11 state conviction. 12 * Sec. 38. AS 28.15.046(c) is amended to read: 13 (c) The department may not issue a license under this section to an applicant 14 (1) who has been convicted of any of the following offenses: 15 (A) a violation, or an attempt, solicitation, or conspiracy to 16 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 17 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 18 (B) a felony violation of endangering the welfare of a child in 19 the first degree under AS 11.51.100; 20 (C) felony indecent viewing or production of a picture under 21 AS 11.61.123; 22 (D) distribution of child pornography under AS 11.61.125; 23 (E) possession of child pornography under AS 11.61.127; 24 (F) distribution of indecent material to minors under 25 AS 11.61.128; 26 (G) [FELONY PROSTITUTION UNDER AS 11.66.100(e); 27 (H)] sex trafficking in the first, second, or third degree 28 [UNDER AS 11.66.110 - 11.66.130]; 29 (H) [(I)] a felony involving distribution of a controlled 30 substance under AS 11.71 or imitation controlled substance under AS 11.73; 31 (I) [(J)] a felony violation under AS 28.35.030(n) or

01 28.35.032(p); 02 (J) patron of a victim of sex trafficking under AS 11.41.355; 03 or 04 (2) who has been convicted of any of the following offenses and less 05 than two years have elapsed since the applicant's date of conviction for the offense: 06 (A) assault in the fourth degree under AS 11.41.230; 07 (B) reckless endangerment under AS 11.41.250; 08 (C) contributing to the delinquency of a minor under 09 AS 11.51.130; 10 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 11 (E) a misdemeanor violation of endangering the welfare of a 12 child in the first degree under AS 11.51.100. 13 * Sec. 39. AS 34.03.360(10) is amended to read: 14 (10) "illegal activity involving a place of prostitution" means a 15 violation of AS 11.41.340(a)(3) [AS 11.66.120(a)(1) OR 11.66.130(a)(2)(A) OR (D)]; 16 * Sec. 40. AS 43.23.005 is amended by adding a new subsection to read: 17 (i) The provisions of (d) of this section do not apply if an individual's 18 conviction was vacated during the qualifying year under AS 12.72. If an individual 19 becomes eligible under this subsection, the individual is eligible to receive a 20 permanent fund dividend only for the qualifying year in which the conviction was 21 vacated and each subsequent qualifying year for which the individual is otherwise 22 eligible under this section. 23 * Sec. 41. AS 44.23.080(a) is amended to read: 24 (a) If there is reasonable cause to believe that an Internet service account has 25 been used in connection with a violation of AS 11.41.340 - 11.41.350, 11.41.452 26 [AS 11.41.452], 11.41.455, or AS 11.61.125 - 11.61.128, and that the identity, 27 address, and other information about the account owner will assist in obtaining 28 evidence that is relevant to the offense, a law enforcement officer may apply to the 29 attorney general or the attorney general's designee for an administrative subpoena to 30 obtain the business records of the Internet service provider located inside or outside of 31 the state.

01 * Sec. 42. AS 47.10.990(33) is amended to read: 02 (33) "sexual abuse" means the conduct described in AS 11.41.410 - 03 11.41.460, [;] conduct constituting "sexual exploitation" as defined in AS 47.17.290, 04 and conduct prohibited by AS 11.41.340 - 11.41.357 [AS 11.66.100 - 11.66.150]; 05 * Sec. 43. AS 47.12.110(d) is amended to read: 06 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 07 the adjudication of a minor as a delinquent shall be open to the public, except as 08 prohibited or limited by order of the court, if 09 (1) the department files with the court a motion asking the court to 10 open the hearing to the public, and the petition seeking adjudication of the minor as a 11 delinquent is based on 12 (A) the minor's alleged commission of an offense, and the 13 minor has knowingly failed to comply with all the terms and conditions 14 required of the minor by the department or imposed on the minor in a court 15 order entered under AS 47.12.040(a)(2) or 47.12.120; 16 (B) the minor's alleged commission of 17 (i) a crime against a person that is punishable as a 18 felony; 19 (ii) a crime in which the minor employed a deadly 20 weapon, as that term is defined in AS 11.81.900(b), in committing the 21 crime; 22 (iii) arson under AS 11.46.400 - 11.46.410; 23 (iv) burglary under AS 11.46.300; 24 (v) distribution of child pornography under 25 AS 11.61.125; 26 (vi) sex trafficking [IN THE FIRST DEGREE] under 27 AS 11.41.340 or 11.41.345 [AS 11.66.110]; or 28 (vii) misconduct involving a controlled substance under 29 AS 11.71 involving the delivery of a controlled substance or the 30 possession of a controlled substance with intent to deliver, other than 31 an offense under AS 11.71.040 or 11.71.050; or

01 (C) the minor's alleged commission of a felony and the minor 02 was 16 years of age or older at the time of commission of the offense when the 03 minor has previously been convicted or adjudicated a delinquent minor based 04 on the minor's commission of an offense that is a felony; or 05 (2) the minor agrees to a public hearing on the petition seeking 06 adjudication of the minor as a delinquent. 07 * Sec. 44. AS 47.12.315(a) is amended to read: 08 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 09 section, the department shall disclose information to the public, on request, concerning 10 a minor subject to this chapter who was at least 13 years of age at the time of 11 commission of 12 (1) a felony offense against a person under AS 11.41; 13 (2) arson in the first or second degree; 14 (3) burglary in the first degree; 15 (4) distribution of child pornography; 16 (5) sex trafficking under AS 11.41.340 or 11.41.345 [IN THE FIRST 17 DEGREE]; 18 (6) misconduct involving a controlled substance in the first, second, or 19 third degrees involving distribution or possession with intent to deliver; or 20 (7) misconduct involving weapons in the first through fourth degrees. 21 * Sec. 45. AS 47.17.290(18) is amended to read: 22 (18) "sexual exploitation" includes 23 (A) allowing, permitting, or encouraging a child to engage in a 24 commercial sexual act prohibited by AS 11.41.340 - 11.41.357 or 25 prostitution prohibited by AS 11.66.100 [AS 11.66.100 - 11.66.150], by a 26 person responsible for the child's welfare; 27 (B) allowing, permitting, encouraging, or engaging in activity 28 prohibited by AS 11.41.455(a), by a person responsible for the child's welfare. 29 * Sec. 46. AS 11.41.360(b), 11.41.470(7); AS 11.56.765(c)(3), 11.56.767(c)(3); 30 AS 11.66.100(b), 11.66.100(c)(1)(Z), 11.66.100(e), 11.66.110, 11.66.120, 11.66.130, 31 11.66.135, 11.66.140, 11.66.145, and 11.66.150 are repealed.

01 * Sec. 47. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. (a) The following sections apply to offenses committed on or after 04 the effective date of those sections: 05 (1) AS 11.41.340 - 11.41.357, enacted by sec. 4 of this Act; 06 (2) AS 11.41.360(a), as amended by sec. 5 of this Act; 07 (3) AS 11.41.360(c), as amended by sec. 6 of this Act; 08 (4) AS 11.41.365, as amended by sec. 7 of this Act; 09 (5) AS 11.41.366 - 11.41.369, enacted by sec. 8 of this Act; 10 (6) AS 11.41.530(a), as amended by sec. 9 of this Act; 11 (7) AS 11.66.100(c), as amended by sec. 10 of this Act; 12 (8) AS 11.66.100(d), as amended by sec. 11 of this Act; 13 (9) AS 11.66.100(f), enacted by sec. 12 of this Act; 14 (10) AS 11.81.250(a), as amended by sec. 13 of this Act; 15 (11) AS 11.81.250(b), as amended by sec. 14 of this Act; 16 (12) AS 11.81.900(b), as amended by sec. 15 of this Act; 17 (12) AS 12.10.010(a), as amended by sec. 16 of this Act; 18 (13) AS 12.37.010, as amended by sec. 17 of this Act. 19 (b) The following sections apply to sentences imposed on or after the effective date of 20 those sections for conduct occurring on or after the effective date of those sections: 21 (1) AS 12.55.035(b), as amended by sec. 19 of this Act; 22 (2) AS 12.55.078(f), as amended by sec. 20 of this Act; 23 (3) AS 12.55.085(f), as amended by sec. 21 of this Act; 24 (4) AS 12.55.125(b), as amended by sec. 22 of this Act; 25 (5) AS 12.55.125(i), as amended by sec. 23 of this Act; 26 (6) AS 12.55.135(q), enacted by sec. 24 of this Act; 27 (7) AS 12.55.185(10), as amended by sec. 25 of this Act; 28 (8) AS 12.55.185(16), as amended by sec. 26 of this Act; 29 (9) AS 12.62.900(23), as amended by sec. 27 of this Act. 30 (c) AS 12.63.100(7), as amended by sec. 28 of this Act, applies to the duty to register 31 as a sex offender for offenses committed on or after the effective date of sec. 28 of this Act.

01 (d) AS 12.72.100 - 12.72.120, enacted by sec. 29 of this Act, and AS 18.85.100(c), as 02 amended by sec. 37 of this Act, apply to petitions filed on or after the effective date of sec. 29 03 of this Act for conduct occurring before, on, or after the effective date of sec. 29 of this Act. 04 (e) The following sections apply to communications made on or after the effective 05 date of those sections relating to offenses occurring on or after the effective date of those 06 sections: 07 (1) AS 09.25.400, as amended by sec. 2 of this Act; 08 (2) AS 12.45.049, as amended by sec. 18 of this Act; 09 (3) AS 18.66.210, as amended by sec. 33 of this Act; 10 (4) AS 18.66.250(3), as amended by sec. 34 of this Act. 11 * Sec. 48. Section 29 and 37 of this Act take effect January 1, 2024. 12 * Sec. 49. Except as provided in sec. 48 of this Act, this Act takes effect July 1, 2023.