Enrolled HB 239: Relating to crime and criminal procedure; relating to civil claims by victims of sexual abuse of a minor; relating to homicide; relating to assault; relating to sexual assault; relating to stalking; relating to sexual abuse of a minor; relating to enticement and unlawful exploitation of a minor; relating to cruelty to animals; relating to endangering the welfare of a child; relating to indecent exposure; relating to theft; relating to generated obscene child sexual abuse material; relating to sending an explicit image of a minor; relating to solicitation or production of an indecent picture of a minor; relating to distribution of indecent material to minors; relating to prostitution; relating to the Controlled Substances Advisory Committee; relating to the testimony of children in criminal proceedings; relating to sentencing; relating to sexual assault examination kits; restricting the release of certain records of convictions; relating to teaching certificates; relating to the definition of "victim counseling center" for disclosure of certain communications concerning sexual assault or domestic violence; relating to motor vehicle offenses; relating to the board of parole; relating to parole; relating to medical release for service of sentence by electronic monitoring; relating to licensing of school bus drivers; creating and relating to the address confidentiality program; and providing for an effective date.
00Enrolled HB 239 01 Relating to crime and criminal procedure; relating to civil claims by victims of sexual abuse 02 of a minor; relating to homicide; relating to assault; relating to sexual assault; relating to 03 stalking; relating to sexual abuse of a minor; relating to enticement and unlawful exploitation 04 of a minor; relating to cruelty to animals; relating to endangering the welfare of a child; 05 relating to indecent exposure; relating to theft; relating to generated obscene child sexual 06 abuse material; relating to sending an explicit image of a minor; relating to solicitation or 07 production of an indecent picture of a minor; relating to distribution of indecent material to 08 minors; relating to prostitution; relating to the Controlled Substances Advisory Committee; 09 relating to the testimony of children in criminal proceedings; relating to sentencing; relating to 10 sexual assault examination kits; restricting the release of certain records of convictions; 11 relating to teaching certificates; relating to the definition of "victim counseling center" for 12 disclosure of certain communications concerning sexual assault or domestic violence; relating
01 to motor vehicle offenses; relating to the board of parole; relating to parole; relating to 02 medical release for service of sentence by electronic monitoring; relating to licensing of 03 school bus drivers; creating and relating to the address confidentiality program; and providing 04 for an effective date. 05 _______________ 06 * Section 1. AS 09.55.650(a) is amended to read: 07 (a) A person who, as a minor under 18 [16] years of age, was the victim of 08 sexual abuse may maintain an action for recovery of damages against the perpetrator 09 of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an 10 injury or condition suffered as a result of the sexual abuse. 11 * Sec. 2. AS 11.41.100(a) is amended to read: 12 (a) A person commits the crime of murder in the first degree if 13 (1) with intent to cause the death of another person, the person 14 (A) causes the death of any person; or 15 (B) compels or induces any person to commit suicide through 16 duress or deception; 17 (2) the person knowingly engages in conduct directed toward a child 18 under the age of 18 [16] and the person with criminal negligence inflicts serious 19 physical injury on the child by at least two separate acts, and one of the acts results in 20 the death of the child; 21 (3) acting alone or with one or more persons, the person commits or 22 attempts to commit a sexual offense against or kidnapping of a child under 18 [16] 23 years of age and, in the course of or in furtherance of the offense or in immediate 24 flight from that offense, any person causes the death of the child; in this paragraph, 25 "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470; 26 (4) acting alone or with one or more persons, the person commits or 27 attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in 28 the course of or in furtherance of the offense or in immediate flight from that offense, 29 any person causes the death of a person other than one of the participants; or
01 (5) acting alone or with one or more persons, the person commits 02 terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in 03 furtherance of the offense or in immediate flight from that offense, any person causes 04 the death of a person other than one of the participants. 05 * Sec. 3. AS 11.41.110(a) is amended to read: 06 (a) A person commits the crime of murder in the second degree if 07 (1) with intent to cause serious physical injury to another person or 08 knowing that the conduct is substantially certain to cause death or serious physical 09 injury to another person, the person causes the death of any person; 10 (2) the person knowingly engages in conduct that results in the death 11 of another person under circumstances manifesting an extreme indifference to the 12 value of human life; 13 (3) under circumstances not amounting to murder in the first degree 14 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 15 person commits or attempts to commit arson in the first degree, kidnapping, sexual 16 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 17 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 18 degree, escape in the first or second degree, robbery in any degree, or misconduct 19 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 20 or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 21 in immediate flight from that crime, any person causes the death of a person other than 22 one of the participants; 23 (4) acting with a criminal street gang, the person commits or attempts 24 to commit a crime that is a felony and, in the course of or in furtherance of that crime 25 or in immediate flight from that crime, any person causes the death of a person other 26 than one of the participants; 27 (5) the person with criminal negligence causes the death of a child 28 under the age of 18 [16], and the person has been previously convicted of a crime 29 involving a child under the age of 18 [16] that was 30 (A) a felony violation of AS 11.41; 31 (B) in violation of a law or ordinance in another jurisdiction
01 with elements similar to a felony under AS 11.41; or 02 (C) an attempt, a solicitation, or a conspiracy to commit a 03 crime listed in (A) or (B) of this paragraph; or 04 (6) the person knowingly manufactures or delivers a controlled 05 substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 06 direct result of ingestion of the controlled substance; the death is a result that does not 07 require a culpable mental state. 08 * Sec. 4. AS 11.41.220(a) is amended to read: 09 (a) A person commits the crime of assault in the third degree if that person 10 (1) recklessly 11 (A) places another person in fear of imminent serious physical 12 injury by means of a dangerous instrument; 13 (B) causes physical injury to another person by means of a 14 dangerous instrument; or 15 (C) while being 18 years of age or older, 16 (i) causes physical injury to a child under 12 years of 17 age and the injury would cause a reasonable caregiver to seek medical 18 attention from a health care professional in the form of diagnosis or 19 treatment; 20 (ii) causes physical injury to a child under 12 years of 21 age on more than one occasion; 22 (2) with intent to place another person in fear of death or serious 23 physical injury to the person or the person's family member, makes repeated threats to 24 cause death or serious physical injury to another person; 25 (3) while being 18 years of age or older, knowingly causes physical 26 injury to a child who is under 18 [16] years of age but at least 12 years of age and at 27 least two years younger than the offender and the injury reasonably requires 28 medical treatment; 29 (4) with criminal negligence, causes serious physical injury under 30 AS 11.81.900(b)(60)(B) to another person by means of a dangerous instrument; or 31 (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2)
01 and, within the preceding 10 years, the person was convicted on two or more separate 02 occasions of crimes under 03 (A) AS 11.41.100 - 11.41.170; 04 (B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 05 11.41.280, or 11.41.282; 06 (C) AS 11.41.260 or 11.41.270; 07 (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 08 (E) a law or ordinance of this or another jurisdiction with 09 elements similar to those of an offense described in (A) - (D) of this paragraph. 10 * Sec. 5. AS 11.41.220(b) is amended to read: 11 (b) In a prosecution under (a)(3) of this section, it is an affirmative defense 12 that, at the time of the alleged offense, the defendant reasonably believed the victim to 13 be 18 [16] years of age or older, unless the victim was under 13 years of age at the 14 time of the alleged offense. 15 * Sec. 6. AS 11.41.260(a) is amended to read: 16 (a) A person commits the crime of stalking in the first degree if the person 17 violates AS 11.41.270 and 18 (1) the actions constituting the offense are in violation of an order 19 issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 20 under former AS 25.35.010(b) or 25.35.020; 21 (2) the actions constituting the offense are in violation of a condition of 22 probation, release before trial, release after conviction, or parole; 23 (3) the victim is under 18 [16] years of age; 24 (4) at any time during the course of conduct constituting the offense, 25 the defendant possessed a deadly weapon; 26 (5) the defendant has been previously convicted of a crime under this 27 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 28 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 29 AS 11.56.740; or 30 (6) the defendant has been previously convicted of a crime, or an 31 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250,
01 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 02 law or an ordinance of this or another jurisdiction with elements similar to a crime, or 03 an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 04 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 05 involving the same victim as the present offense. 06 * Sec. 7. AS 11.41.410(a) is amended to read: 07 (a) An offender commits the crime of sexual assault in the first degree if 08 (1) the offender engages in sexual penetration with another person 09 (A) without consent of that person by 10 (i) the use of force or the express or implied threat of 11 force against any person or property; or 12 (ii) causing the person to become incapacitated; 13 (B) by impersonating someone known to the person for the 14 purpose of obtaining consent; 15 (2) the offender attempts to engage in sexual penetration with another 16 person without consent of that person and causes serious physical injury to that 17 person; 18 (3) the offender engages in sexual penetration with another person 19 (A) who the offender knows is mentally incapable; and 20 (B) who is in the offender's care 21 (i) by authority of law; or 22 (ii) in a facility or program that is required by law to be 23 licensed by the state; or 24 (4) the offender is a health care worker who engages in sexual 25 penetration with a person during the course of professional treatment of the person 26 [WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 27 BEING COMMITTED AND 28 (A) THE OFFENDER IS A HEALTH CARE WORKER; 29 AND 30 (B) THE OFFENSE TAKES PLACE DURING THE COURSE 31 OF PROFESSIONAL TREATMENT OF THE VICTIM].
01 * Sec. 8. AS 11.41.420(a) is amended to read: 02 (a) An offender commits the crime of sexual assault in the second degree if 03 (1) the offender engages in sexual contact with another person 04 (A) without consent of that person by 05 (i) the use of force or the express or implied threat of 06 force against any person or property; or 07 (ii) causing the person to become incapacitated; 08 (B) by impersonating someone known to the person for the 09 purpose of obtaining consent; 10 (2) the offender engages in sexual contact with a person 11 (A) who the offender knows is mentally incapable; and 12 (B) who is in the offender's care 13 (i) by authority of law; or 14 (ii) in a facility or program that is required by law to be 15 licensed by the state; 16 (3) the offender engages in sexual penetration with a person who is 17 (A) mentally incapable; 18 (B) incapacitated; or 19 (C) unaware that a sexual act is being committed; 20 (4) the offender is a health care worker who engages in sexual 21 contact with a person during the course of professional treatment of the person 22 [WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 23 BEING COMMITTED AND 24 (A) THE OFFENDER IS A HEALTH CARE WORKER; 25 AND 26 (B) THE OFFENSE TAKES PLACE DURING THE COURSE 27 OF PROFESSIONAL TREATMENT OF THE VICTIM]; or 28 (5) under circumstances not proscribed under AS 11.41.410, the 29 offender engages in sexual penetration with another person without consent of that 30 person. 31 * Sec. 9. AS 11.41.434(a) is amended to read:
01 (a) An offender commits the crime of sexual abuse of a minor in the first 02 degree if 03 (1) being 16 years of age or older, the offender engages in sexual 04 penetration with a person who is under 13 years of age or aids, induces, causes, or 05 encourages a person who is under 13 years of age to engage in sexual penetration with 06 another person; 07 (2) being 18 years of age or older, the offender engages in sexual 08 penetration with a person who is under 18 years of age, and the offender is the victim's 09 natural parent, stepparent, adopted parent, or legal guardian; or 10 (3) being 18 years of age or older, the offender engages in sexual 11 penetration with a person who is under 18 [16] years of age and at least two years 12 younger than the offender, and 13 (A) the victim at the time of the offense is residing in the same 14 household as the offender and the offender has authority over the victim; or 15 (B) the offender occupies a position of authority in relation to 16 the victim. 17 * Sec. 10. AS 11.41.436(a) is amended to read: 18 (a) An offender commits the crime of sexual abuse of a minor in the second 19 degree if, 20 (1) being 17 years of age or older, the offender 21 (A) engages in sexual penetration with a person who is 22 (i) 13, 14, or 15 years of age and at least four years 23 younger than the offender; or 24 (ii) 16 or 17 years of age and at least six years 25 younger than the offender; [,] or 26 (B) aids, induces, causes, or encourages a person who is 13, 14, 27 or 15 years of age and at least four years younger than the offender to engage 28 in sexual penetration with another person; 29 (2) being 16 years of age or older, the offender engages in sexual 30 contact with a person who is under 13 years of age or aids, induces, causes, or 31 encourages a person under 13 years of age to engage in sexual contact with another
01 person; 02 (3) being 18 years of age or older, the offender engages in sexual 03 contact with a person who is under 18 years of age, and the offender is the victim's 04 natural parent, stepparent, adopted parent, or legal guardian; 05 (4) being 16 years of age or older, the offender aids, induces, causes, 06 or encourages a person who is under 16 years of age to engage in conduct described in 07 AS 11.41.455(a)(2) - (6) or (8); 08 (5) being 18 years of age or older, the offender engages in sexual 09 contact with a person who is under 18 [16] years of age and at least two years 10 younger than the offender, and 11 (A) the victim at the time of the offense is residing in the same 12 household as the offender and the offender has authority over the victim; or 13 (B) the offender occupies a position of authority in relation to 14 the victim; 15 (6) being 18 years of age or older, the offender engages in sexual 16 penetration with a person who is 16 or 17 years of age and at least three years younger 17 than the offender, and the offender occupies a position of authority in relation to the 18 victim; or 19 (7) being under 16 years of age, the offender engages in sexual 20 penetration with a person who is under 13 years of age and at least three years younger 21 than the offender. 22 * Sec. 11. AS 11.41.438(a) is amended to read: 23 (a) An offender commits the crime of sexual abuse of a minor in the third 24 degree if being 17 years of age or older, the offender engages in sexual contact with a 25 person who is 26 (1) 13, 14, or 15 years of age and at least four years younger than the 27 offender; or 28 (2) 16 or 17 years of age and at least six years younger than the 29 offender. 30 * Sec. 12. AS 11.41.452(a) is amended to read: 31 (a) An offender [A PERSON] commits the crime of enticement of a minor if
01 the offender [PERSON], being 18 years of age or older, knowingly communicates 02 with another person to entice, solicit, or encourage the person to engage in an act 03 described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] and 04 (1) the other person is 05 (A) 16 or 17 years of age and at least six years younger than 06 the offender; or 07 (B) [A CHILD] under 16 years of age; or 08 (2) the offender [PERSON] believes that the other person is 09 (A) 16 or 17 years of age and at least six years younger than 10 the offender; or 11 (B) [A CHILD] under 16 years of age. 12 * Sec. 13. AS 11.41.452(b) is amended to read: 13 (b) In a prosecution under (a)(2) of this section, it is not a defense that the 14 person enticed, solicited, or encouraged was not actually 15 (1) 16 or 17 years of age and at least six years younger than the 16 offender; or 17 (2) [A CHILD] under 16 years of age. 18 * Sec. 14. AS 11.41.452(c) is amended to read: 19 (c) In a prosecution under this section, it is not necessary for the prosecution 20 to show that the act described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] 21 was actually committed. 22 * Sec. 15. AS 11.41.452(e) is amended to read: 23 (e) Enticement of a minor is a class A felony if the offender [DEFENDANT] 24 was, at the time of the offense, required to register as a sex offender or child kidnapper 25 under AS 12.63 or a similar law of another jurisdiction. 26 * Sec. 16. AS 11.41.455(a) is amended to read: 27 (a) A person commits the crime of unlawful exploitation of a minor if, in the 28 state and with the intent of producing a live performance, film, audio, video, 29 electronic, or electromagnetic recording, photograph, negative, slide, book, 30 newspaper, magazine, or other material that visually or aurally depicts the conduct 31 listed in (1) - (8) [(1) - (7)] of this subsection, the person knowingly induces or
01 employs a child under 18 years of age to engage in, or photographs, films, records, or 02 televises a child under 18 years of age engaged in, the following actual or simulated 03 conduct: 04 (1) sexual penetration; 05 (2) the lewd touching of another person's genitals, anus, or breast; 06 (3) the lewd touching by another person of the child's genitals, anus, or 07 breast; 08 (4) masturbation; 09 (5) bestiality; 10 (6) the lewd exhibition of the child's genitals; [OR] 11 (7) sexual masochism or sadism; or 12 (8) contact with semen. 13 * Sec. 17. AS 11.41.458(b) is amended to read: 14 (b) Indecent exposure in the first degree 15 (1) is a class C felony; or 16 (2) is a class B felony if the offense occurs within the observation of a 17 person under 18 [16] years of age. 18 * Sec. 18. AS 11.41.460(b) is amended to read: 19 (b) Indecent exposure in the second degree before a person under 18 [16] 20 years of age is a class A misdemeanor. Indecent exposure in the second degree before 21 a person 18 [16] years of age or older is a class B misdemeanor. 22 * Sec. 19. AS 11.46.140(a) is amended to read: 23 (a) A person commits the crime of theft in the third degree if the person 24 commits theft as defined in AS 11.46.100 and 25 (1) the value of the property or services is $250 or more but less than 26 $750; [OR] 27 (2) [REPEALED] 28 (3) [REPEALED] 29 (4) the value of the property is less than $250 and, within the preceding 30 five years, the person has been convicted and sentenced on three or more separate 31 occasions in this or another jurisdiction of theft or concealment of merchandise, or an
01 offense under another law or ordinance with similar elements; or 02 (5) the property is mail. 03 * Sec. 20. AS 11.46.140 is amended by adding a new subsection to read: 04 (c) In this section, 05 (1) "authorized depository" means a mailbox, letter box, post office 06 box, or rural box used by postal customers for the deposit of outgoing mail or used by 07 the United States Postal Service or a private mail delivery company for the delivery of 08 incoming mail; 09 (2) "mail" means a letter, a card, a parcel, or material that 10 (A) is sent or delivered by means of the United States Postal 11 Service or a private mail delivery company; 12 (B) has postage affixed to it by the postal customer, the United 13 States Postal Service, or a private mail delivery company or has been accepted 14 for delivery by the United States Postal Service or a private mail delivery 15 company; and 16 (C) is placed in an authorized depository or mail receptacle or 17 given to an employee of the United States Postal Service or a private mail 18 delivery company for delivery; 19 (3) "mail receptacle" means a location used by the United States Postal 20 Service, a private mail delivery company, or a postal customer for the placement of 21 outgoing mail or the receipt of incoming mail; 22 (4) "postage" means a United States Postal Service stamp, permit 23 imprint, meter strip, or other authorized indication of prepayment for services 24 provided or authorized by the United States Postal Service or a private mail delivery 25 company for the collection and delivery of mail. 26 * Sec. 21. AS 11.51.100(a) is amended to read: 27 (a) A person commits the crime of endangering the welfare of a child in the 28 first degree if, being a parent, guardian, or other person legally charged with the care 29 of a child under 18 [16] years of age, the person 30 (1) intentionally deserts the child in a place under circumstances 31 creating a substantial risk of physical injury to the child;
01 (2) leaves the child with another person who is not a parent, guardian, 02 or lawful custodian of the child knowing that the person is 03 (A) registered or required to register as a sex offender or child 04 kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 05 similar requirements; 06 (B) charged by complaint, information, or indictment with a 07 violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 08 jurisdiction with similar elements; or 09 (C) charged by complaint, information, or indictment with an 10 attempt, solicitation, or conspiracy to commit a crime described in (B) of this 11 paragraph; 12 (3) leaves the child with another person knowing that the person has 13 previously physically mistreated or had sexual contact with any child, and the other 14 person causes physical injury to or engages in sexual contact with the child; or 15 (4) recklessly fails to provide an adequate quantity of food or liquids to 16 a child, causing protracted impairment of the child's health. 17 * Sec. 22. AS 11.61.116(a) is amended to read: 18 (a) A person commits the offense of sending an explicit image of a minor if 19 the person, with intent to annoy or humiliate another person, distributes an electronic 20 photograph or video that depicts the genitals, anus, or female breast of that other 21 person taken when that person was a minor under 18 [16] years of age. 22 * Sec. 23. AS 11.61.118(a) is amended to read: 23 (a) A person commits the crime of harassment in the first degree if, under 24 circumstances not proscribed under AS 11.41.410 - 11.41.427, [OR] 11.41.434 - 25 11.41.440, or 11.41.455, the person violates AS 11.61.120(a)(5) and the offensive 26 physical contact is contact 27 (1) with human or animal blood, mucus, saliva, semen, urine, vomitus, 28 or feces; or 29 (2) by the person touching through clothing another person's genitals, 30 buttocks, or female breast. 31 * Sec. 24. AS 11.61.120(a) is amended to read:
01 (a) A person commits the crime of harassment in the second degree if, with 02 intent to harass or annoy another person, that person 03 (1) insults, taunts, or challenges another person in a manner likely to 04 provoke an immediate violent response; 05 (2) telephones another and fails to terminate the connection with intent 06 to impair the ability of that person to place or receive telephone calls; 07 (3) makes repeated telephone calls at extremely inconvenient hours; 08 (4) makes an anonymous or obscene telephone call, an obscene 09 electronic communication, or a telephone call or electronic communication that 10 threatens physical injury or sexual contact; 11 (5) subjects another person to offensive physical contact; 12 (6) except as provided in AS 11.61.116, publishes or distributes 13 electronic or printed photographs, pictures, or films that show the genitals, anus, or 14 female breast of the other person or show that person engaged in a sexual act; 15 (7) repeatedly sends or publishes an electronic communication that 16 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 17 that places the person in reasonable fear of physical injury; or 18 (8) under circumstances not proscribed under AS 11.41.455, 19 AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 20 person, publishes, or distributes electronic or printed photographs, pictures, or films 21 that show the genitals of any person. 22 * Sec. 25. AS 11.61 is amended by adding new sections to read: 23 Sec. 11.61.121. Distribution of generated obscene child sexual abuse 24 material. (a) A person commits the crime of distribution of generated obscene child 25 sexual abuse material if the person knowingly distributes in this state or advertises, 26 promotes, solicits, or offers to distribute in this state any material that is proscribed 27 under AS 11.61.122. 28 (b) The possession of 100 or more films, audio, video, electronic, or 29 electromagnetic recordings, photographs, negatives, slides, books, newspapers, 30 magazines, or other materials, including a combination of these items totaling 100 or 31 more, is prima facie evidence of distribution and intent to distribute under (a) of this
01 section. 02 (c) This section does not apply to an employee or contractor of an interactive 03 computer service, Internet service provider, cloud service provider, or 04 telecommunications network who, while acting in the scope of employment, 05 distributes, possesses, or accesses the material described in (a) of this section solely to 06 prevent, detect, report, or otherwise respond to the distribution, advertisement, 07 promotion, or solicitation of or offer to distribute the material. In this subsection, 08 "interactive computer service" has the meaning given in AS 11.61.127(b). 09 (d) In this section, "distribution" includes the following, whether or not for 10 monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 11 circulating, exhibiting, presenting, providing, exchanging, placing on a computer 12 network or computer system, and providing billing collection, or other ancillary 13 services for or otherwise supporting these activities. 14 (e) Distribution of generated obscene child sexual abuse material is a 15 (1) class B felony; or 16 (2) class A felony if the person has been previously convicted of 17 distribution of generated obscene child sexual abuse material in this jurisdiction, 18 distribution of child sexual abuse material under AS 11.61.125, or a similar crime in 19 this or another jurisdiction. 20 Sec. 11.61.122. Possession of generated obscene child sexual abuse 21 material. (a) A person commits the crime of possession of generated obscene child 22 sexual abuse material if the person knowingly possesses or knowingly accesses on a 23 computer with intent to view any material that 24 (1) the average person, applying contemporary community standards, 25 would find, when considered as a whole, appeals to the prurient interest; 26 (2) depicts, in a patently offensive way, a child under 18 years of age 27 who, by manipulation, creation, or modification, appears to be engaged in conduct 28 described in AS 11.41.455(a)(1) - (8), regardless of whether an actual child was used; 29 and 30 (3) when considered as a whole, lacks serious literary, artistic, 31 political, or scientific value.
01 (b) This section does not apply to an employee or contractor of an interactive 02 computer service, Internet service provider, cloud service provider, or 03 telecommunications network who, while acting in the scope of employment, possesses 04 or accesses the material described in (a) of this section solely to prevent, detect, report, 05 or otherwise respond to the production, generation, manipulation, or modification of 06 the material. In this subsection, "interactive computer service" has the meaning given 07 in AS 11.61.127(b). 08 (c) In this section, "computer" has the meaning given in AS 11.46.990. 09 (d) Possession of generated obscene child sexual abuse material is a class C 10 felony. 11 * Sec. 26. AS 11.61.124(a) is amended to read: 12 (a) An offender commits the crime of solicitation or production of an indecent 13 picture of a minor if, under circumstances not proscribed under AS 11.41.455 or 14 AS 11.61.123, the offender being 18 years of age or older 15 (1) solicits a picture of the genitals, anus, or female breast of another 16 person and the 17 (A) person solicited is 18 (i) 16 or 17 years of age and at least six years 19 younger than the offender; or 20 (ii) under 16 years of age and at least four years 21 younger than the offender; or 22 (B) offender believes that the other person is 23 (i) 16 or 17 years of age and at least six years 24 younger than the offender; or 25 (ii) under 16 years of age and at least four years 26 younger than the offender; or 27 (2) produces a picture of the genitals, anus, or female breast of another 28 person and the 29 (A) person shown in the picture is 30 (i) 16 or 17 years of age and at least six years 31 younger than the offender; or
01 (ii) under 16 years of age and at least four years 02 younger than the offender; or 03 (B) offender believes that the other person is 04 (i) 16 or 17 years of age and at least six years 05 younger than the offender; or 06 (ii) under 16 years of age and at least four years 07 younger than the offender. 08 * Sec. 27. AS 11.61.124(b) is amended to read: 09 (b) In a prosecution under (a) of this section, it is not a defense that the person 10 solicited or shown in the picture was not actually 11 (1) 16 or 17 years of age and at least six years younger than the 12 offender; or 13 (2) a person under 16 years of age and at least four years younger than 14 the offender. 15 * Sec. 28. AS 11.61.125(b) is amended to read: 16 (b) This section does not apply to 17 (1) acts that are an integral part of the exhibition or performance of a 18 motion picture if the acts are performed within the scope of employment by a motion 19 picture operator or projectionist employed by the owner or manager of a theater or 20 other place for the showing of motion pictures, unless the motion picture operator or 21 projectionist 22 (A) [(1)] has a financial interest in the theater or place in which 23 employed; or 24 (B) [(2)] causes the performance or motion picture to be 25 performed or exhibited without the consent of the manager or owner of the 26 theater or other place of showing; or 27 (2) an employee or contractor of an interactive computer service, 28 Internet service provider, cloud service provider, or telecommunications network 29 who, while acting in the scope of employment, distributes, possesses, or accesses 30 the material described in (a) of this section solely to prevent, detect, report, or 31 otherwise respond to the distribution, advertisement, promotion, or solicitation of
01 or offer to distribute the material; in this paragraph, "interactive computer 02 service" has the meaning given in AS 11.61.127(b). 03 * Sec. 29. AS 11.61.125(e) is amended to read: 04 (e) Distribution of child sexual abuse material 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 in this jurisdiction, distribution of 08 generated obscene child sexual abuse material under AS 11.61.121, or a similar 09 crime in this or another jurisdiction. 10 * Sec. 30. AS 11.61.127(a) is amended to read: 11 (a) A person commits the crime of possession of child sexual abuse material if 12 the person knowingly possesses or knowingly accesses on a computer with intent to 13 view any material that visually depicts conduct described in AS 11.41.455(a)(1) - (8) 14 [AS 11.41.455(a)] knowing that the 15 (1) production of the material involved the use of a child under 18 16 years of age who engaged in the conduct; or 17 (2) material depicts [A DEPICTION OF] a part of an actual child 18 under 18 years of age who, by manipulation, creation, or modification, appears to be 19 engaged in the conduct. 20 * Sec. 31. AS 11.61.127(b) is amended to read: 21 (b) This section does not apply to 22 (1) persons providing plethysmograph assessments in the course of a 23 sex offender treatment program that meets the minimum standards under 24 AS 33.30.011(a)(5); or 25 (2) an employee or contractor of an interactive computer service, 26 Internet service provider, cloud service provider, or telecommunications network 27 who, while acting in the scope of employment, possesses or accesses the material 28 described in (a) of this section solely to prevent, detect, report, or otherwise 29 respond to the production, generation, manipulation, or modification of the 30 material; in this paragraph, "interactive computer service" means an 31 information service, system, or access software provider that provides or enables
01 computer access by multiple users to a computer server, including specifically a 02 service or system that provides access to the Internet and those systems operated 03 or services offered by libraries or educational institutions. 04 * Sec. 32. AS 11.61.128(a) is amended to read: 05 (a) An offender [A PERSON] commits the crime of distribution of indecent 06 material to minors if 07 (1) the offender [PERSON], being 18 years of age or older, 08 intentionally distributes or possesses with intent to distribute any material described in 09 (2) and (3) of this subsection to either 10 (A) a child who [THAT] the offender [PERSON] knows is 11 under 18 [16] years of age and at least two years younger than the offender; 12 or 13 (B) another person that the offender [PERSON] believes is a 14 child under 18 [16] years of age and at least two years younger than the 15 offender; 16 (2) the offender [PERSON] knows that the material depicts the 17 following actual or simulated conduct: 18 (A) sexual penetration; 19 (B) the lewd touching of a person's genitals, anus, or female 20 breast; 21 (C) masturbation; 22 (D) bestiality; 23 (E) the lewd exhibition of a person's genitals, anus, or female 24 breast; [OR] 25 (F) sexual masochism or sadism; or 26 (G) contact with semen; and 27 (3) the material is harmful to minors. 28 * Sec. 33. AS 11.61.128(b) is amended to read: 29 (b) In this section, it is not a defense that the victim was not actually under 18 30 [16] years of age. 31 * Sec. 34. AS 11.61.128(c) is amended to read:
01 (c) In this section, "harmful to minors" means 02 (1) the average individual, applying contemporary community 03 standards, would find that the material, taken as a whole, appeals to the prurient 04 interest in sex for persons under 18 [16] years of age; 05 (2) a reasonable person would find that the material, taken as a whole, 06 lacks serious literary, artistic, educational, political, or scientific value for persons 07 under 18 [16] years of age; and 08 (3) the material depicts actual or simulated conduct in a way that is 09 patently offensive to the prevailing standards in the adult community as a whole with 10 respect to what is suitable for persons under 18 [16] years of age. 11 * Sec. 35. AS 11.61.128(e) is amended to read: 12 (e) Distribution of indecent material to minors is a class B felony if the 13 offender [DEFENDANT] was, at the time of the offense, required to register as a sex 14 offender or child kidnapper under AS 12.63 or a similar law of another jurisdiction. 15 * Sec. 36. AS 11.61.129(a) is amended to read: 16 (a) Property used to aid a violation of AS 11.61.121 - 11.61.128 17 [AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 18 conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 19 11.61.128] may be forfeited to the state upon the conviction of the offender. 20 * Sec. 37. AS 11.61.140(a) is amended to read: 21 (a) A person commits cruelty to animals if the person 22 (1) knowingly inflicts severe or prolonged physical pain or suffering 23 on an animal; 24 (2) has a legal duty to care for the animal and, with criminal 25 negligence, fails to care for an animal and, as a result, causes the death of the animal 26 or causes severe physical pain or prolonged suffering to the animal; 27 (3) kills or injures an animal by the use of a decompression chamber; 28 (4) intentionally kills or injures a pet or livestock by the use of poison; 29 (5) knowingly kills or injures an animal, other than as provided in (1) 30 or (3) of this subsection, with the intent to intimidate, threaten, or terrorize another 31 person;
01 (6) knowingly 02 (A) engages in sexual conduct with an animal; or 03 (B) under circumstances not proscribed under AS 11.41.455, 04 (i) photographs or films, for purposes of sexual 05 gratification, a person engaged in sexual conduct with an animal; or 06 (ii) causes, induces, aids, or encourages another person 07 to engage in sexual conduct with an animal; [OR] 08 (7) intentionally permits sexual conduct with an animal to be 09 conducted on any premises under the person's control; or 10 (8) under circumstances not proscribed under AS 11.61.122 or 11 11.61.127, knowingly possesses or knowingly accesses on a computer with intent 12 to view any material that 13 (A) the average person, applying contemporary community 14 standards, would find, when considered as a whole, appeals to the 15 prurient interest; 16 (B) depicts, in a patently offensive way, conduct proscribed 17 under (6)(A) of this subsection; and 18 (C) when considered as a whole, lacks serious literary, 19 artistic, political, or scientific value. 20 * Sec. 38. AS 11.61.140(g) is amended to read: 21 (g) Except as provided in (h) of this section, cruelty to animals under (a)(2), 22 (5), (6), [OR] (7), or (8) of this section is a class A misdemeanor. The court may also 23 (1) require forfeiture of any animal affected to the state or to a 24 custodian that supplies shelter, care, or medical treatment for the animal; 25 (2) require the defendant to reimburse the state or a custodian for all 26 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 27 medical treatment for any animal affected; 28 (3) prohibit or limit the defendant's ownership, possession, or custody 29 of animals for up to 10 years. 30 * Sec. 39. AS 11.61.140(h) is amended to read: 31 (h) Cruelty to animals under (a)(1), (3), or (4) of this section is a class C
01 felony. Cruelty to animals is also a class C felony if the person is convicted under 02 (a)(2), (5), (6), [OR] (7), or (8) of this section and the person has been previously 03 convicted on one or more separate occasions within 10 years of the date of the present 04 offense of a crime under this section, AS 11.61.145(a)(1) or (2), or a law or ordinance 05 of another jurisdiction having elements similar to those offenses. For a conviction 06 under this subsection, the court may also 07 (1) require forfeiture of any animal affected to the state or to a 08 custodian that supplies shelter, care, or medical treatment for the animal; 09 (2) require the defendant to reimburse the state or a custodian for all 10 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 11 medical treatment for any animal affected; 12 (3) prohibit or limit the defendant's ownership, possession, or custody 13 of animals for up to 10 years. 14 * Sec. 40. AS 11.66.100(c) is amended to read: 15 (c) A person may not be prosecuted under (a)(1) of this section if the 16 (1) person 17 (A) was, at the time of the offense, 17 years of age or 18 younger; or 19 (B) witnessed or was a victim of, and reported to law 20 enforcement in good faith, one or more of the following crimes: 21 (i) [(A)] murder in the first degree under AS 11.41.100; 22 (ii) [(B)] murder in the second degree under 23 AS 11.41.110; 24 (iii) [(C)] manslaughter under AS 11.41.120; 25 (iv) [(D)] criminally negligent homicide under 26 AS 11.41.130; 27 (v) [(E)] assault in the first degree under AS 11.41.200; 28 (vi) [(F)] assault in the second degree under 29 AS 11.41.210; 30 (vii) [(G)] assault in the third degree under 31 AS 11.41.220;
01 (viii) [(H)] assault in the fourth degree under 02 AS 11.41.230; 03 (ix) [(I)] sexual assault in the first degree under 04 AS 11.41.410; 05 (x) [(J)] sexual assault in the second degree under 06 AS 11.41.420; 07 (xi) [(K)] sexual assault in the third degree under 08 AS 11.41.425; 09 (xii) [(L)] sexual assault in the fourth degree under 10 AS 11.41.427; 11 (xiii) [(M)] sexual abuse of a minor in the first degree 12 under AS 11.41.434; 13 (xiv) [(N)] sexual abuse of a minor in the second degree 14 under AS 11.41.436; 15 (xv) [(O)] sexual abuse of a minor in the third degree 16 under AS 11.41.438; 17 (xvi) [(P)] sexual abuse of a minor in the fourth degree 18 under AS 11.41.440; 19 (xvii) [(Q)] robbery in the first degree under 20 AS 11.41.500; 21 (xviii) [(R)] robbery in the second degree under 22 AS 11.41.510; 23 (xix) [(S)] extortion under AS 11.41.520; 24 (xx) [(T)] coercion under AS 11.41.530; 25 (xxi) [(U)] distribution of child sexual abuse material 26 under AS 11.61.125; 27 (xxii) [(V)] possession of child sexual abuse material 28 under AS 11.61.127; 29 (xxiii) [(W)] sex trafficking in the first degree under 30 AS 11.66.110; 31 (xxiv) [(X)] sex trafficking in the second degree under
01 AS 11.66.120; 02 (xxv) [(Y)] sex trafficking in the third degree under 03 AS 11.66.130; 04 (xxvi) [OR (Z)] sex trafficking in the fourth degree 05 under AS 11.66.135; 06 (xxvii) distribution of generated obscene child sexual 07 abuse material under AS 11.61.121; or 08 (xxviii) possession of generated obscene child sexual 09 abuse material under AS 11.61.122; 10 (2) evidence supporting the prosecution under (a)(1) of this section 11 was obtained or discovered as a result of the person reporting the crime to law 12 enforcement; and 13 (3) person cooperated with law enforcement personnel. 14 * Sec. 41. AS 11.71.100(a) is amended to read: 15 (a) The Controlled Substances Advisory Committee is established in the 16 division of the Department of Commerce, Community, and Economic 17 Development with responsibility for corporations, business, and professional 18 licensing [LAW]. The committee consists of 19 (1) the attorney general or the attorney general's designee; 20 (2) the commissioner of family and community services or the 21 commissioner's designee; 22 (3) the commissioner of public safety or the commissioner's designee; 23 (4) the president of the Board of Pharmacy or the designee of the 24 president who shall also be a member of the Board of Pharmacy; 25 (5) a peace officer appointed by the governor after consultation with 26 the Alaska Association of Chiefs of Police; 27 (6) a physician appointed by the governor; 28 (7) a psychiatrist appointed by the governor; and 29 (8) two individuals appointed by the governor. 30 * Sec. 42. AS 12.10.010(a) is amended to read: 31 (a) Prosecution for the following offenses may be commenced at any time:
01 (1) murder; 02 (2) attempt, solicitation, or conspiracy to commit murder or hindering 03 the prosecution of murder; 04 (3) felony sexual abuse of a minor; 05 (4) sexual assault that is an unclassified, class A, or class B felony or a 06 violation of AS 11.41.425(a)(2) - (4); 07 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 08 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 09 who, at the time of the offense, was under 18 years of age; 10 (6) kidnapping; 11 (7) distribution of generated obscene child sexual abuse material in 12 violation of AS 11.61.121 or distribution of child sexual abuse material in violation of 13 AS 11.61.125; 14 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 15 unclassified, class A, or class B felony or that is committed against a person who, at 16 the time of the offense, was under 20 years of age; 17 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 18 * Sec. 43. AS 12.45.046(a) is amended to read: 19 (a) In a criminal proceeding under AS 11.41 involving the prosecution of an 20 offense committed against a child under the age of 18 [16], or witnessed by a child 21 under the age of 18 [16], the court 22 (1) may appoint a guardian ad litem for the child; 23 (2) on its own motion or on the motion of the party presenting the 24 witness or the guardian ad litem of the child, may order that the testimony of the child 25 be taken by closed circuit television or through one-way mirrors if the court 26 determines that the testimony by the child victim or witness under normal court 27 procedures would result in the child's inability to effectively communicate. 28 * Sec. 44. AS 12.55.078(f) is amended to read: 29 (f) The court may not suspend the imposition or entry of judgment and may 30 not defer prosecution under this section of a person who 31 (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260
01 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 02 AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 03 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. 45. 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, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 27 AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 28 AS 11.66.110 - 11.66.135; 29 (2) uses a firearm in the commission of the offense for which the 30 person is convicted; or 31 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony
01 and the person has one or more prior convictions for a misdemeanor violation of 02 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 03 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 04 felony in this state; for the purposes of this paragraph, a person shall be considered to 05 have a prior conviction even if that conviction has been set aside under (e) of this 06 section or under the equivalent provision of the laws of another jurisdiction. 07 * Sec. 46. AS 12.55.100(e) is amended to read: 08 (e) In addition to other conditions imposed on the defendant, while on 09 probation and as a condition of probation 10 (1) for a sex offense, as described in AS 12.63.100, the defendant 11 (A) shall be required to submit to regular periodic polygraph 12 examinations; 13 (B) may be required to provide each electronic mail address, 14 instant messaging address, and other Internet communication identifier that the 15 defendant uses to the defendant's probation officer; the probation officer shall 16 forward those addresses and identifiers to the Alaska state troopers and to the 17 local law enforcement agency; 18 (2) if the defendant was convicted of a violation of AS 11.41.434 - 19 11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 20 11.61.128], or a similar offense in another jurisdiction, the defendant may be required 21 to refrain from 22 (A) using or creating an Internet site; 23 (B) communicating with children under 16 years of age; 24 (C) possessing or using a computer; or 25 (D) residing within 500 feet of school grounds; in this 26 subparagraph, "school grounds" has the meaning given in AS 11.71.900. 27 * Sec. 47. AS 12.55.125(b) is amended to read: 28 (b) A defendant convicted of attempted murder in the first degree, solicitation 29 to commit murder in the first degree, conspiracy to commit murder in the first degree, 30 kidnapping, or misconduct involving a controlled substance in the first degree shall be 31 sentenced to a definite term of imprisonment of at least five years but not more than
01 99 years. A defendant convicted of murder in the second degree or murder of an 02 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 03 imprisonment of at least 15 years but not more than 99 years. A defendant convicted 04 of murder in the second degree shall be sentenced to a definite term of imprisonment 05 of at least 20 years but not more than 99 years when the defendant is convicted of the 06 murder of a child under 18 [16] years of age and the court finds by clear and 07 convincing evidence that the defendant (1) was a natural parent, a stepparent, an 08 adoptive parent, a legal guardian, or a person occupying a position of authority in 09 relation to the child; or (2) caused the death of the child by committing a crime against 10 a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 11 "position of authority" have the meanings given in AS 11.41.470. 12 * Sec. 48. AS 12.55.125(d) is amended to read: 13 (d) Except as provided in (i) of this section, a defendant convicted of a class B 14 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 15 and shall be sentenced to a definite term within the following presumptive ranges, 16 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 17 (1) if the offense is a first felony conviction and does not involve 18 circumstances described in (2) of this subsection, one to three years; a defendant 19 sentenced under this paragraph may, if the court finds it appropriate, be granted a 20 suspended imposition of sentence under AS 12.55.085 if, as a condition of probation 21 under AS 12.55.086, the defendant is required to serve an active term of imprisonment 22 within the range specified in this paragraph, unless the court finds that a mitigation 23 factor under AS 12.55.155 applies; 24 (2) if the offense is a first felony conviction, 25 (A) the defendant violated AS 11.41.130, and the victim was a 26 child under 18 [16] years of age, two to four years; 27 (B) two to four years if the conviction is for attempt, 28 solicitation, or conspiracy to manufacture related to methamphetamine under 29 AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 30 (i) the attempted manufacturing occurred, or the 31 solicited or conspired offense was to have occurred, in a building with
01 reckless disregard that the building was used as a permanent or 02 temporary home or place of lodging for one or more children under 18 03 years of age or the building was a place frequented by children; or 04 (ii) in the course of an attempt to manufacture, the 05 defendant obtained the assistance of one or more children under 18 06 years of age or one or more children were present; 07 (3) if the offense is a second felony conviction, three to seven years; 08 (4) if the offense is a third felony conviction, six to 10 years. 09 * Sec. 49. 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 generated obscene child 02 sexual abuse material under AS 11.61.121(e)(2), distribution of child sexual abuse 03 material under AS 11.61.125(e)(2), patron of a victim of sex trafficking under 04 AS 11.66.137(c)(1) [AS 11.66.137], or attempt, conspiracy, or solicitation to commit 05 sexual assault in the first degree under AS 11.41.410(a)(1)(B) may be sentenced to a 06 definite term of imprisonment of not more than 99 years and shall be sentenced to a 07 definite term within the following presumptive ranges, subject to adjustment as 08 provided in AS 12.55.155 - 12.55.175: 09 (A) if the offense is a first felony conviction, five to 15 years; 10 (B) if the offense is a second felony conviction and does not 11 involve circumstances described in (C) of this paragraph, 10 to 25 years; 12 (C) if the offense is a second felony conviction and the 13 defendant has a prior conviction for a sexual felony, 15 to 30 years; 14 (D) if the offense is a third felony conviction and does not 15 involve circumstances described in (E) of this paragraph, 20 to 35 years; 16 (E) if the offense is a third felony conviction and the defendant 17 has two prior convictions for sexual felonies, 99 years; 18 (4) sexual assault in the third degree, sexual abuse of a minor in the 19 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 20 AS 11.41.458(b)(1), distribution of generated obscene child sexual abuse material 21 under AS 11.61.121(e)(1), possession of generated obscene child sexual abuse 22 material, indecent viewing or production of a picture under AS 11.61.123(g)(1) or 23 (2), possession of child sexual abuse material, distribution of child sexual abuse 24 material under AS 11.61.125(e)(1), patron of a victim of sex trafficking under 25 AS 11.66.137(c)(2) [AS 11.66.137], or attempt, conspiracy, or solicitation to commit 26 sexual assault in the second degree, sexual abuse of a minor in the second degree, 27 distribution of generated obscene child sexual abuse material, unlawful 28 exploitation of a minor, distribution of child sexual abuse material under 29 AS 11.61.125(e)(2), or patron of a victim of sex trafficking under AS 11.66.137(c)(1) 30 [AS 11.66.137], may be sentenced to a definite term of imprisonment of not more than 31 99 years and shall be sentenced to a definite term within the following presumptive
01 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 02 (A) if the offense is a first felony conviction and does not 03 involve the circumstances described in (B) or (C) of this paragraph, two to 12 04 years; 05 (B) if the offense is a first felony conviction under 06 AS 11.61.121(e)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 07 involve circumstances described in (C) of this paragraph, four to 12 years; 08 (C) if the offense is a first felony conviction under 09 AS 11.61.121(e)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 10 defendant hosted, created, or helped host or create a mechanism for multi-party 11 sharing or distribution of generated obscene child sexual abuse material or 12 child sexual abuse material, or received a financial benefit or had a financial 13 interest in a generated obscene child sexual abuse material or child sexual 14 abuse material sharing or distribution mechanism, six to 14 years; 15 (D) if the offense is a second felony conviction and does not 16 involve circumstances described in (E) of this paragraph, eight to 15 years; 17 (E) if the offense is a second felony conviction and the 18 defendant has a prior conviction for a sexual felony, 12 to 20 years; 19 (F) if the offense is a third felony conviction and does not 20 involve circumstances described in (G) of this paragraph, 15 to 25 years; 21 (G) if the offense is a third felony conviction and the defendant 22 has two prior convictions for sexual felonies, 99 years. 23 * Sec. 50. AS 12.55.127(c) is amended to read: 24 (c) If the defendant is being sentenced for 25 (1) escape, the term of imprisonment shall be consecutive to the term 26 for the underlying crime; 27 (2) two or more crimes under AS 11.41, a consecutive term of 28 imprisonment shall be imposed for at least 29 (A) the mandatory minimum term under AS 12.55.125(a) for 30 each additional crime that is murder in the first degree; 31 (B) the mandatory minimum term for each additional crime
01 that is an unclassified felony governed by AS 12.55.125(b); 02 (C) the presumptive term specified in AS 12.55.125(c) or the 03 active term of imprisonment, whichever is less, for each additional crime that 04 is 05 (i) manslaughter; or 06 (ii) kidnapping that is a class A felony; 07 (D) two years or the active term of imprisonment, whichever is 08 less, for each additional crime that is criminally negligent homicide, except as 09 provided in (4) of this subsection; 10 (E) one-fourth of the presumptive term under AS 12.55.125(c) 11 or (i) for each additional crime that is sexual assault in the first degree under 12 AS 11.41.410 or sexual abuse of a minor in the first degree under 13 AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 14 offenses; and 15 (F) some additional term of imprisonment for each additional 16 crime, or each additional attempt or solicitation to commit the offense, under 17 AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 18 11.41.500 - 11.41.520; 19 (3) two or more crimes of violation of condition of release under 20 AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 21 additional term of imprisonment for the underlying crime and each additional crime 22 under AS 11.56.757; 23 (4) criminally negligent homicide or criminally negligent homicide 24 of an unborn child, a consecutive term of imprisonment shall be imposed for 25 some additional term of imprisonment for each additional crime under 26 AS 28.35.050 or 28.35.060. 27 * Sec. 51. AS 12.55.127(d) is amended to read: 28 (d) If the defendant is being sentenced for two or more crimes of distribution 29 of generated obscene child sexual abuse material under AS 11.61.121, possession 30 of generated obscene child sexual abuse material under AS 11.61.122, distribution 31 of child sexual abuse material under AS 11.61.125, possession of child sexual abuse
01 material under AS 11.61.127, or distribution of indecent material to minors under 02 AS 11.61.128, a consecutive term of imprisonment shall be imposed for some 03 additional term of imprisonment for each additional crime or each additional attempt 04 or solicitation to commit the offense. 05 * Sec. 52. AS 12.55.145(a) is amended to read: 06 (a) For purposes of considering prior convictions in imposing sentence under 07 (1) AS 12.55.125(c), (d), or (e), 08 (A) a prior conviction may not be considered if a period of 10 09 or more years has elapsed between the date of the defendant's unconditional 10 discharge on the immediately preceding offense and commission of the present 11 offense unless the prior conviction was for an unclassified or class A felony; 12 (B) a conviction in this or another jurisdiction of an offense 13 having elements similar to those of a felony defined as such under Alaska law 14 at the time the offense was committed is considered a prior felony conviction; 15 (C) two or more convictions arising out of a single, continuous 16 criminal episode during which there was no substantial change in the nature of 17 the criminal objective are considered a single conviction unless the defendant 18 was sentenced to consecutive sentences for the crimes; offenses committed 19 while attempting to escape or avoid detection or apprehension after the 20 commission of another offense are not part of the same criminal episode or 21 objective; 22 (2) AS 12.55.125(l), 23 (A) a conviction in this or another jurisdiction of an offense 24 having elements similar to those of a most serious felony is considered a prior 25 most serious felony conviction; 26 (B) commission of and conviction for offenses relied on as 27 prior most serious felony offenses must occur in the following order: 28 conviction for the first offense must occur before commission of the second 29 offense, and conviction for the second offense must occur before commission 30 of the offense for which the defendant is being sentenced; 31 (3) AS 12.55.135(g),
01 (A) a prior conviction may not be considered if a period of five 02 or more years has elapsed between the date of the defendant's unconditional 03 discharge on the immediately preceding offense and commission of the present 04 offense unless the prior conviction was for an unclassified or class A felony; 05 (B) a conviction in this or another jurisdiction of an offense 06 having elements similar to those of a crime against a person or a crime 07 involving domestic violence is considered a prior conviction; 08 (C) two or more convictions arising out of a single, continuous 09 criminal episode during which there was no substantial change in the nature of 10 the criminal objective are considered a single conviction unless the defendant 11 was sentenced to consecutive sentences for the crimes; offenses committed 12 while attempting to escape or avoid detection or apprehension after the 13 commission of another offense are not part of the same criminal episode or 14 objective; 15 (4) AS 12.55.125(i), 16 (A) a conviction in this or another jurisdiction of an offense 17 having elements similar to those of a sexual felony is a prior conviction for a 18 sexual felony; 19 (B) a felony conviction in another jurisdiction making it a 20 crime to commit any lewd and lascivious act on a child under the age of 18 21 [16] years, with the intent of arousing, appealing to, or gratifying the sexual 22 desires of the defendant or the victim is a prior conviction for a sexual felony; 23 (C) two or more convictions arising out of a single, continuous 24 criminal episode during which there was no substantial change in the nature of 25 the criminal objective are considered a single conviction unless the defendant 26 was sentenced to consecutive sentences for the crimes; offenses committed 27 while attempting to escape or avoid detection or apprehension after the 28 commission of another offense are not part of the same criminal episode or 29 objective; 30 (D) a conviction in this or another jurisdiction of an offense 31 having elements similar to those of a felony defined as such under Alaska law
01 at the time the offense was committed is considered a prior felony conviction. 02 * Sec. 53. AS 12.55.155(c) is amended to read: 03 (c) The following factors shall be considered by the sentencing court if proven 04 in accordance with this section, and may allow imposition of a sentence above the 05 presumptive range set out in AS 12.55.125: 06 (1) a person, other than an accomplice, sustained physical injury as a 07 direct result of the defendant's conduct; 08 (2) the defendant's conduct during the commission of the offense 09 manifested deliberate cruelty to another person; 10 (3) the defendant was the leader of a group of three or more persons 11 who participated in the offense; 12 (4) the defendant employed a dangerous instrument in furtherance of 13 the offense; 14 (5) the defendant knew or reasonably should have known that the 15 victim of the offense was particularly vulnerable or incapable of resistance due to 16 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 17 extreme youth or was for any other reason substantially incapable of exercising 18 normal physical or mental powers of resistance; 19 (6) the defendant's conduct created a risk of imminent physical injury 20 to three or more persons, other than accomplices; 21 (7) a prior felony conviction considered for the purpose of invoking a 22 presumptive range under this chapter was of a more serious class of offense than the 23 present offense; 24 (8) the defendant's prior criminal history includes conduct involving 25 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 26 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 27 combination of assaultive behavior and cruelty to animals proscribed under 28 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 29 means assault that is a felony under AS 11.41, or a similar provision in another 30 jurisdiction; 31 (9) the defendant knew that the offense involved more than one victim;
01 (10) the conduct constituting the offense was among the most serious 02 conduct included in the definition of the offense; 03 (11) the defendant committed the offense under an agreement that the 04 defendant either pay or be paid for the commission of the offense, and the pecuniary 05 incentive was beyond that inherent in the offense itself; 06 (12) the defendant was on release under AS 12.30 for another felony 07 charge or conviction or for a misdemeanor charge or conviction having assault as a 08 necessary element; 09 (13) the defendant knowingly directed the conduct constituting the 10 offense at an active officer of the court or at an active or former judicial officer, 11 prosecuting attorney, law enforcement officer, correctional employee, firefighter, 12 emergency medical technician, paramedic, ambulance attendant, or other emergency 13 responder during or because of the exercise of official duties; 14 (14) the defendant was a member of an organized group of five or 15 more persons, and the offense was committed to further the criminal objectives of the 16 group; 17 (15) the defendant has three or more prior felony convictions; 18 (16) the defendant's criminal conduct was designed to obtain 19 substantial pecuniary gain and the risk of prosecution and punishment for the conduct 20 is slight; 21 (17) the offense was one of a continuing series of criminal offenses 22 committed in furtherance of illegal business activities from which the defendant 23 derives a major portion of the defendant's income; 24 (18) the offense was a felony 25 (A) specified in AS 11.41 and was committed against a spouse, 26 a former spouse, or a member of the social unit made up of those living 27 together in the same dwelling as the defendant; 28 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 29 has engaged in the same or other conduct prohibited by a provision of 30 AS 11.41.410 - 11.41.460 involving the same or another victim; 31 (C) specified in AS 11.41 that is a crime involving domestic
01 violence and was committed in the physical presence or hearing of a child 02 under 18 [16] years of age who was, at the time of the offense, living within 03 the residence of the victim, the residence of the perpetrator, or the residence 04 where the crime involving domestic violence occurred; 05 (D) specified in AS 11.41 and was committed against a person 06 with whom the defendant has a dating relationship or with whom the defendant 07 has engaged in a sexual relationship; or 08 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 09 the defendant was 10 or more years older than the victim; 10 (19) the defendant's prior criminal history includes an adjudication as a 11 delinquent for conduct that would have been a felony if committed by an adult; 12 (20) the defendant was on furlough under AS 33.30 or on parole or 13 probation for another felony charge or conviction that would be considered a prior 14 felony conviction under AS 12.55.145(a)(1)(B); 15 (21) the defendant has a criminal history of repeated instances of 16 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 17 similar in nature to the offense for which the defendant is being sentenced under this 18 section; 19 (22) the defendant knowingly directed the conduct constituting the 20 offense at a victim because of that person's race, sex, color, creed, physical or mental 21 disability, ancestry, or national origin; 22 (23) the defendant is convicted of an offense specified in AS 11.71 and 23 (A) the offense involved the delivery of a controlled substance 24 under circumstances manifesting an intent to distribute the substance as part of 25 a commercial enterprise; or 26 (B) at the time of the conduct resulting in the conviction, the 27 defendant was caring for or assisting in the care of a child under 10 years of 28 age; 29 (24) the defendant is convicted of an offense specified in AS 11.71 and 30 the offense involved the transportation of controlled substances into the state; 31 (25) the defendant is convicted of an offense specified in AS 11.71 and
01 the offense involved large quantities of a controlled substance; 02 (26) the defendant is convicted of an offense specified in AS 11.71 and 03 the offense involved the distribution of a controlled substance that had been 04 adulterated with a toxic substance; 05 (27) the defendant, being 18 years of age or older, 06 (A) is legally accountable under AS 11.16.110(2) for the 07 conduct of a person who, at the time the offense was committed, was under 18 08 years of age and at least three years younger than the defendant; or 09 (B) is aided or abetted in planning or committing the offense by 10 a person who, at the time the offense was committed, was under 18 years of 11 age and at least three years younger than the defendant; 12 (28) the victim of the offense is a person who provided testimony or 13 evidence related to a prior offense committed by the defendant; 14 (29) the defendant committed the offense for the benefit of, at the 15 direction of, or in association with a criminal street gang; 16 (30) the defendant is convicted of an offense specified in AS 11.41.410 17 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 18 the victim in furtherance of the offense with the intent to make the victim 19 incapacitated; in this paragraph, "incapacitated" has the meaning given in 20 AS 11.41.470; 21 (31) the defendant's prior criminal history includes convictions for five 22 or more crimes in this or another jurisdiction that are class A misdemeanors under the 23 law of this state, or having elements similar to a class A misdemeanor; two or more 24 convictions arising out of a single continuous episode are considered a single 25 conviction; however, an offense is not a part of a continuous episode if committed 26 while attempting to escape or resist arrest or if it is an assault on a uniformed or 27 otherwise clearly identified peace officer or correctional employee; notice and denial 28 of convictions are governed by AS 12.55.145(b) - (d); 29 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 30 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 31 in the administrative offices of a school district if students are educated at that office;
01 in this paragraph, 02 (A) "school bus" has the meaning given in AS 11.71.900; 03 (B) "school district" has the meaning given in AS 47.07.063; 04 (C) "school grounds" has the meaning given in AS 11.71.900; 05 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 06 the defendant had been previously diagnosed as having or having tested positive for 07 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 08 victim to a risk or a fear that the offense could result in the transmission of HIV or 09 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 10 AS 18.15.310; 11 (34) the defendant committed the offense on, or to affect persons or 12 property on, the premises of a recognized shelter or facility providing services to 13 victims of domestic violence or sexual assault; 14 (35) the defendant knowingly directed the conduct constituting the 15 offense at a victim because that person was 65 years of age or older; 16 (36) the defendant committed the offense at a health care facility and 17 knowingly directed the conduct constituting the offense at a medical professional 18 during or because of the medical professional's exercise of professional duties; in this 19 paragraph, 20 (A) "health care facility" has the meaning given in 21 AS 18.07.111; 22 (B) "medical professional" has the meaning given in 23 AS 12.55.135(k); 24 (37) the defendant knowingly caused the victim to become 25 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 26 instrument" has the meaning given in AS 11.81.900(b)(16)(B). 27 * Sec. 54. AS 12.55.185(16) is amended to read: 28 (16) "sexual felony" means sexual assault in the first degree, sexual 29 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 30 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 31 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor,
01 patron of a victim of sex trafficking, distribution of generated obscene child sexual 02 abuse material, possession of generated obscene child sexual abuse material, 03 indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), 04 distribution of child sexual abuse material, sexual assault in the third degree, incest, 05 indecent exposure in the first degree, possession of child sexual abuse material, 06 enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 07 crimes; 08 * Sec. 55. AS 12.61.010(a) is amended to read: 09 (a) Victims of crimes have the following rights: 10 (1) the right to be present during any proceeding in 11 (A) the prosecution and sentencing of a defendant if the 12 defendant has the right to be present, including being present during testimony 13 even if the victim is likely to be called as a witness; 14 (B) the adjudication of a minor as provided under 15 AS 47.12.110; 16 (2) the right to be notified by the appropriate law enforcement agency 17 or the prosecuting attorney of any request for a continuance that may substantially 18 delay the prosecution and of the date of trial, sentencing, including a proceeding 19 before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 20 the defendant's release from custody is considered; 21 (3) the right to be notified that a sentencing hearing or a court 22 proceeding to which the victim has been subpoenaed will not occur as scheduled; 23 (4) the right to receive protection from harm and threats of harm 24 arising out of cooperation with law enforcement and prosecution efforts and to be 25 provided with information as to the protection available; 26 (5) the right to be notified of the procedure to be followed to apply for 27 and receive any compensation under AS 18.67; 28 (6) at the request of the prosecution or a law enforcement agency, the 29 right to cooperate with the criminal justice process without loss of pay and other 30 employee benefits except as authorized by AS 12.61.017 and without interference in 31 any form by the employer of the victim of crime;
01 (7) the right to obtain access to immediate medical assistance and not 02 to be detained for an unreasonable length of time by a law enforcement agency before 03 having medical assistance administered; however, an employee of the law 04 enforcement agency may, if necessary, accompany the person to a medical facility to 05 question the person about the criminal incident if the questioning does not hinder the 06 administration of medical assistance; 07 (8) the right to make a written or oral statement for use in preparation 08 of the presentence report of a felony defendant; 09 (9) the right to appear personally at the defendant's sentencing hearing 10 to present a written statement and to give sworn testimony or an unsworn oral 11 presentation; 12 (10) the right to be informed by the prosecuting attorney, at any time 13 after the defendant's conviction, about the complete record of the defendant's 14 convictions; 15 (11) the right to notice under AS 12.47.095 concerning the status of the 16 defendant found not guilty by reason of insanity; 17 (12) the right to notice under AS 33.16.087 of a hearing concerning 18 special medical parole of the defendant; 19 (13) the right to notice under AS 33.16.120 of a hearing to consider or 20 review discretionary parole of the defendant; 21 (14) the right to notice under AS 33.30.013 of the release or escape of 22 the defendant; [AND] 23 (15) the right to be notified orally and in writing of and receive 24 information about the office of victims' rights from the law enforcement officer 25 initially investigating the crime and from the prosecuting attorney assigned to the 26 offense; at a minimum, the information provided must include the address, telephone 27 number, and Internet address of the office of victims' rights; this paragraph 28 (A) applies only to victims of felonies and to victims of class A 29 misdemeanors if the class A misdemeanor is a crime involving domestic 30 violence or a crime against a person under AS 11.41; if the victim is an 31 unemancipated minor, the law enforcement officer and the prosecuting
01 attorney shall also provide the notice required by this paragraph to the parent 02 or guardian of the minor; 03 (B) is satisfied if, at the time of initial contact with the crime 04 victim, the investigating officer and prosecuting attorney each give each crime 05 victim a brochure or other written material prepared by the office of victims' 06 rights and provided to law enforcement agencies for that purpose; and 07 (16) the right to be notified of the location and testing date of a 08 sexual assault examination kit collected from the victim. 09 * Sec. 56. AS 12.62.160(b) is amended to read: 10 (b) Subject to the requirements of this section, and except as otherwise limited 11 or prohibited by other provision of law or court rule, criminal justice information 12 (1) may be provided to a person when, and only to the extent, 13 necessary to avoid imminent danger to life or extensive damage to property; 14 (2) may be provided to a person to the extent required by applicable 15 court rules or under an order of a court of this state, another state, or the United States; 16 (3) may be provided to a person if the information is commonly or 17 traditionally provided by criminal justice agencies in order to identify, locate, or 18 apprehend fugitives or wanted persons or to recover stolen property, or for public 19 reporting of recent arrests, charges, and other criminal justice activity; 20 (4) may be provided to a criminal justice agency for a criminal justice 21 activity; 22 (5) may be provided to a government agency when necessary for 23 enforcement of or for a purpose specifically authorized by state or federal law; 24 (6) may be provided to a person specifically authorized by a state or 25 federal law to receive that information; 26 (7) in aggregate form may be released to a qualified person, as 27 determined by the agency, for criminal justice research, subject to written conditions 28 that ensure [ASSURE] the security of the information and the privacy of individuals 29 to whom the information relates; 30 (8) may be provided to a person for any purpose, except that 31 information may not be released if the information is nonconviction information, [OR]
01 correctional treatment information, or criminal justice information as described in 02 (f) of this section; 03 (9) including information relating to a serious offense, may be 04 provided to an interested person if the information is requested for the purpose of 05 determining whether to grant a person supervisory or disciplinary power over a minor 06 or dependent adult; and 07 (10) may be provided to the person who is the subject of the 08 information. 09 * Sec. 57. AS 12.62.160 is amended by adding a new subsection to read: 10 (f) An agency may not release criminal justice information of a criminal case 11 in which the defendant 12 (1) was convicted under AS 11.71.060, or a municipal ordinance with 13 similar elements, for possession of less than one ounce of a schedule VIA controlled 14 substance; 15 (2) was 21 years of age or older at the time of commission of the 16 offense; 17 (3) was not convicted of any other criminal charges in that case; and 18 (4) requests that the agency not release the records. 19 * Sec. 58. AS 12.62.900(22) is amended to read: 20 (22) "serious offense" means a conviction for a violation or for an 21 attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 22 or of the laws of another jurisdiction with substantially similar elements: 23 (A) a felony offense; 24 (B) a crime involving domestic violence; 25 (C) AS 11.41.410 - 11.41.470; 26 (D) AS 11.51.130, 11.51.200 - 11.51.220, or AS 11.56.100 - 27 11.56.210 [OR 11.51.200 - 11.56.210]; 28 (E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 29 (F) AS 11.66.100 - 11.66.130; 30 (G) former AS 11.15.120, former 11.15.134, or assault with the 31 intent to commit rape under former AS 11.15.160; or
01 (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 02 11.40.420, if committed before January 1, 1980. 03 * Sec. 59. AS 12.63.020(a) is amended to read: 04 (a) The duty of a sex offender or child kidnapper to comply with the 05 requirements of AS 12.63.010 is as follows: 06 (1) for a sex offender or child kidnapper, as that term is defined in 07 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 08 (A) continues for the lifetime of a sex offender or child 09 kidnapper convicted of 10 (i) one aggravated sex offense; or 11 (ii) two or more sex offenses, two or more child 12 kidnappings, or one sex offense and one child kidnapping; for purposes 13 of this section, a person convicted of indecent exposure before a person 14 under 18 [16] years of age under AS 11.41.460 more than two times 15 has been convicted of two or more sex offenses; 16 (B) ends 15 years following the sex offender's or child 17 kidnapper's unconditional discharge from a conviction for a single sex offense 18 that is not an aggravated sex offense or for a single child kidnapping if the sex 19 offender or child kidnapper has supplied proof that is acceptable to the 20 department of the unconditional discharge; the registration period under this 21 subparagraph 22 (i) is tolled for the period that a sex offender or child 23 kidnapper fails to comply with the requirements of this chapter or is 24 incarcerated for the offense or kidnapping for which the offender or 25 kidnapper is required to register or for any other offense; 26 (ii) may include the time a sex offender or child 27 kidnapper was absent from this state if the sex offender or child 28 kidnapper has complied with any sex offender or child kidnapper 29 registration requirements of the jurisdiction in which the offender or 30 kidnapper was located and if the sex offender or child kidnapper 31 provides the department with proof of the compliance while the sex
01 offender or child kidnapper was absent from this state; and 02 (iii) continues for a sex offender or child kidnapper who 03 has not supplied proof acceptable to the department of the offender's or 04 kidnapper's unconditional discharge for the sex offense or child 05 kidnapping requiring registration; 06 (2) for a sex offender or child kidnapper, as that term is defined in 07 AS 12.63.100(6)(B), the duty continues for the period determined by the department 08 under (b) of this section. 09 * Sec. 60. AS 12.63.100(7) is amended to read: 10 (7) "sex offense" means 11 (A) a crime under AS 11.41.100(a)(3), or a similar law of 12 another jurisdiction, in which the person committed or attempted to commit a 13 sexual offense, or a similar offense under the laws of the other jurisdiction; in 14 this subparagraph, "sexual offense" has the meaning given in 15 AS 11.41.100(a)(3); 16 (B) a crime under AS 11.41.110(a)(3), or a similar law of 17 another jurisdiction, in which the person committed or attempted to commit 18 one of the following crimes, or a similar law of another jurisdiction: 19 (i) sexual assault in the first degree; 20 (ii) sexual assault in the second degree; 21 (iii) sexual abuse of a minor in the first degree; or 22 (iv) sexual abuse of a minor in the second degree; 23 (C) a crime, or an attempt, solicitation, or conspiracy to commit 24 a crime, under the following statutes or a similar law of another jurisdiction: 25 (i) AS 11.41.410 - 11.41.438; 26 (ii) AS 11.41.440(a)(2); 27 (iii) AS 11.41.450 - 11.41.458; 28 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 29 exposure is before a person under 18 [16] years of age and the offender 30 has previously been convicted under AS 11.41.460 or AS 26.05.900(c); 31 (v) AS 11.61.121 or 11.61.122;
01 (vi) AS 11.61.125 - 11.61.128; 02 (vii) [(vi)] AS 11.66.130(a)(2)(B) or AS 26.05.900(b) if 03 the person who was induced or caused to engage in prostitution was 04 under 20 years of age at the time of the offense; 05 (viii) [(vii)] former AS 11.15.120, former 11.15.134, or 06 assault with the intent to commit rape under former AS 11.15.160, 07 former AS 11.40.110, or former 11.40.200; 08 (ix) [(viii)] AS 11.61.118(a)(2) if the offender has a 09 previous conviction for that offense; 10 (x) [(ix)] AS 11.66.100(a)(2) if the offender is subject 11 to punishment under former AS 11.66.100(e); 12 (xi) [(x)] AS 26.05.890 if the person engaged in sexual 13 penetration or sexual contact with the victim; 14 (xii) [(xi)] AS 26.05.890 if, at the time of the offense, 15 the victim is under a duty to obey the lawful orders of the offender, 16 regardless of whether the offender is in the direct chain of command 17 over the victim; 18 (xiii) [(xii)] AS 26.05.893 if the person engaged in 19 sexual penetration or sexual contact with the victim; 20 (xiv) [(xiii)] AS 26.05.900(a) if the victim is under 18 21 years of age at the time of the offense; 22 (xv) [(xiv)] AS 26.05.900 if, at the time of the offense, 23 the 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 (xvi) [(xv)] AS 11.61.123 if the offender is subject to 27 punishment under AS 11.61.123(g)(1) or (2); 28 (xvii) [(xvi)] AS 11.66.137; 29 (xviii) [(xvii)] AS 11.61.130(a)(2); or 30 (xix) [(xviii)] AS 11.66.110 and 11.66.120; 31 (D) an offense, or an attempt, solicitation, or conspiracy to
01 commit an offense, under AS 26.05.935(b), or a similar law of another 02 jurisdiction, if the member of the militia commits one of the following 03 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 04 Code of Military Justice): 05 (i) child sexual abuse material; or 06 (ii) pandering and prostitution if the person who is 07 induced, enticed, caused, or procured to engage in a sexual act is under 08 20 years of age at the time of the offense; or 09 (E) an offense in which the person is required to register as a 10 sex offender under the laws of another jurisdiction; 11 * Sec. 61. AS 14.20.030(b) is amended to read: 12 (b) The commissioner or the Professional Teaching Practices Commission 13 shall revoke for life the certificate of a person who has been convicted of a crime, or 14 an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 15 AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 16 11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 17 offense described in this subsection. 18 * Sec. 62. AS 18.66.250(5) is amended to read: 19 (5) "victim counseling center" means a private organization, an 20 organization operated by or contracted by a branch of the armed forces of the United 21 States, or a local or tribal government agency that 22 (A) has, as one of its primary purposes, the provision of direct 23 services to victims for trauma resulting from a sexual assault or domestic 24 violence; 25 (B) is not affiliated with a law enforcement agency or a 26 prosecutor's office; and 27 (C) is not on contract with the state to provide services under 28 AS 47; 29 * Sec. 63. AS 28.15.046(c) is amended to read: 30 (c) The department may not issue a license under this section to an applicant 31 (1) who has been convicted of any of the following offenses:
01 (A) a violation, or an attempt, solicitation, or conspiracy to 02 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 03 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 04 (B) a felony violation of endangering the welfare of a child in 05 the first degree under AS 11.51.100; 06 (C) felony indecent viewing or production of a picture under 07 AS 11.61.123; 08 (D) distribution of child sexual abuse material under 09 AS 11.61.125; 10 (E) possession of child sexual abuse material under 11 AS 11.61.127; 12 (F) distribution of indecent material to minors under 13 AS 11.61.128; 14 (G) patron of a victim of sex trafficking under AS 11.66.137; 15 (H) sex trafficking in the first, second, or third degree under 16 AS 11.66.110 - 11.66.130; 17 (I) a felony involving distribution of a controlled substance 18 under AS 11.71 or imitation controlled substance under AS 11.73; 19 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 20 (K) distribution of generated obscene child sexual abuse 21 material under AS 11.61.121; 22 (L) possession of generated obscene child sexual abuse 23 material under AS 11.61.122; or 24 (2) who has been convicted of any of the following offenses and less 25 than two years have elapsed since the applicant's date of conviction for the offense: 26 (A) assault in the fourth degree under AS 11.41.230; 27 (B) reckless endangerment under AS 11.41.250; 28 (C) contributing to the delinquency of a minor under 29 AS 11.51.130; 30 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 31 (E) a misdemeanor violation of endangering the welfare of a
01 child in the first degree under AS 11.51.100. 02 * Sec. 64. AS 28.35.060(b) is amended to read: 03 (b) Except as provided in (c) or (d) of this section, a person who fails to 04 comply with any of the requirements of this section is, upon conviction, punishable by 05 imprisonment for not more than one year, or by a fine of not more than $500, or by 06 both. This provision does not apply to a person incapacitated by the accident to the 07 extent that the person is physically incapable of complying with the requirement. 08 * Sec. 65. AS 28.35.060(c) is amended to read: 09 (c) A person who fails to comply with a requirement of this section regarding 10 failure to render reasonable assistance in an accident resulting in injury 11 [ASSISTING AN INJURED PERSON] is, upon conviction, guilty of a class B 12 felony, punishable as provided in AS 12.55 [BY IMPRISONMENT FOR NOT 13 MORE THAN 10 YEARS, OR BY A FINE OF NOT MORE THAN $10,000, OR BY 14 BOTH]. This provision does not apply to a person incapacitated by the accident to the 15 extent that the person is physically incapable of complying with the requirement. 16 * Sec. 66. AS 28.35.060 is amended by adding a new subsection to read: 17 (d) A person who fails to comply with a requirement of this section regarding 18 failure to render reasonable assistance in an accident resulting in death is, upon 19 conviction, guilty of a class A felony, punishable as provided in AS 12.55. This 20 provision does not apply to a person incapacitated by the accident to the extent that the 21 person is physically incapable of complying with the requirement. 22 * Sec. 67. AS 28.35 is amended by adding a new section to read: 23 Sec. 28.35.248. Airbag fraud. (a) A person commits the crime of airbag fraud 24 if the person 25 (1) knowingly sells, offers for sale, imports, installs, or reinstalls 26 (A) a replacement airbag that does not comply with federal 27 safety regulations specific to the vehicle's make, model, and year; 28 (B) an airbag that is counterfeit or nonfunctioning; or 29 (C) a part or device that is intended to conceal a counterfeit or 30 nonfunctioning airbag; 31 (2) knowingly manufactures
01 (A) a counterfeit or nonfunctioning airbag; or 02 (B) a part or device that is intended to conceal a counterfeit or 03 nonfunctioning airbag; or 04 (3) intentionally sells, leases, or trades or offers for sale, lease, or trade 05 a vehicle that the person knows has 06 (A) a replacement airbag that does not comply with federal 07 safety regulations specific to the vehicle's make, model, and year; or 08 (B) a counterfeit or nonfunctioning airbag. 09 (b) This section does not apply to 10 (1) a person installing, reinstalling, or replacing an airbag on a vehicle 11 used solely for police work; 12 (2) an owner or employee of a motor vehicle dealership or the owner 13 of a vehicle who, before the sale of the vehicle, does not have knowledge that the 14 vehicle's airbag is counterfeit or nonfunctioning; 15 (3) a person who transfers a vehicle title to an insurance company to 16 satisfy an insurance claim when the insurance company declares the vehicle to be an 17 actual total loss or constructive total loss; 18 (4) an insurance company that sells or otherwise disposes of a vehicle 19 as authorized by law or regulation; or 20 (5) a person who, before the sale, lease, or trade of a vehicle, discloses 21 to the buyer or lessee that the vehicle contains an airbag that is inoperable, damaged, 22 recalled, has previously been deployed, causes a vehicle's diagnostic system to 23 inaccurately indicate that the vehicle is equipped with a properly functioning airbag, or 24 results in an electric fault detected by a vehicle's diagnostic system after the 25 installation procedure was completed. 26 (c) This section does not 27 (1) preclude liability of any party in a civil action; or 28 (2) create a duty that, before the sale of a vehicle, an owner or 29 employee of a motor vehicle dealership or the owner of the vehicle inspect a vehicle in 30 the possession of the dealership or owner to determine whether the airbag is 31 counterfeit or nonfunctioning.
01 (d) In this section, 02 (1) "airbag" includes an airbag component; 03 (2) "counterfeit" means a replacement airbag displaying an 04 unauthorized mark that is identical, or substantially similar, to the genuine mark of a 05 motor vehicle manufacturer or supplier of parts to a motor vehicle manufacturer; 06 (3) "nonfunctioning" means a replacement airbag that 07 (A) is inoperable; 08 (B) is damaged; 09 (C) is recalled; 10 (D) has previously been deployed; 11 (E) will cause a vehicle's diagnostic system to inaccurately 12 indicate that the vehicle is equipped with a properly functioning airbag; or 13 (F) results in an electric fault detected by a vehicle's diagnostic 14 system after the installation procedure is complete; 15 (4) "recalled" means an airbag that was removed from a vehicle 16 because a manufacturer or federal agency determined the airbag created an 17 unreasonable safety risk or did not meet minimum safety standards and that federal 18 law has not exempted from reinstallation. 19 (e) Airbag fraud is 20 (1) a class A misdemeanor; or 21 (2) a class C felony if death or serious physical injury to another 22 person results from 23 (A) the manufacture, sale, importation, installation, or 24 reinstallation of a replacement airbag that does not comply with federal safety 25 regulations specific to the vehicle's make, model, and year or a counterfeit or 26 nonfunctioning airbag; or 27 (B) the sale, lease, or trade of a vehicle that has a replacement 28 airbag that does not comply with federal safety regulations specific to the 29 vehicle's make, model, and year or a counterfeit or nonfunctioning airbag. 30 * Sec. 68. AS 33.16.020(a) is amended to read: 31 (a) There is in the Department of Corrections a board of parole consisting of
01 seven [FIVE] members appointed by the governor, subject to confirmation by a 02 majority of members of the legislature in joint session. 03 * Sec. 69. AS 33.16.020(b) is amended to read: 04 (b) Members of the board serve for staggered terms of five years and may not 05 serve more than two terms [UNTIL THEIR SUCCESSORS ARE APPOINTED]. 06 * Sec. 70. AS 33.16.030(b) is repealed and reenacted to read: 07 (b) The board consists of seven members, including 08 (1) one licensed physician, psychologist, or psychiatrist; 09 (2) one member with experience in the field of criminal justice; 10 (3) one member who has experience in providing drug or alcohol 11 addiction recovery support or who has personal experience with drug or alcohol 12 addiction; and 13 (4) one member of a federally recognized tribe in the state. 14 * Sec. 71. AS 33.16.030 is amended by adding a new subsection to read: 15 (d) In this section, 16 (1) "crime" means an offense for which a sentence of imprisonment is 17 authorized; a crime is either a felony or a misdemeanor; 18 (2) "federally recognized tribe" has the meaning given in 19 AS 23.20.520. 20 * Sec. 72. AS 33.16.100(g) is amended to read: 21 (g) When considering a prisoner for release on discretionary parole under 22 AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the 23 prisoner's likelihood of recidivism given the prisoner's age, age at the time of the 24 offense, criminal history, behavior in prison, participation in treatment, and plans for 25 reentering the community, a reasonable probability exists that 26 (1) the prisoner will live and remain at liberty without violating any 27 laws or conditions imposed by the board; 28 (2) the prisoner's rehabilitation and reintegration into society will be 29 furthered by release on parole; 30 (3) the prisoner will not pose a threat of harm to the public if released 31 on parole; and
01 (4) release of the prisoner on parole would not diminish the 02 seriousness of the crime. 03 * Sec. 73. AS 33.30 is amended by adding a new section to read: 04 Sec. 33.30.068. Medical release for service of sentence by electronic 05 monitoring. (a) Notwithstanding other provisions of law, the commissioner may 06 authorize medical release for a prisoner if 07 (1) after evaluation, the chief medical officer for the department finds 08 that the prisoner 09 (A) has a terminal, permanent, or progressively degenerative 10 medical condition and, as a result of the condition, the prisoner will not pose a 11 threat of harm to the public if released on electronic monitoring; or 12 (B) is in poor health and, as a result, the prisoner will not pose 13 a threat of harm to the public if released on electronic monitoring; and 14 (2) the medical release will result in medical cost savings to the state. 15 (b) A prisoner approved for release under this section shall remain subject to 16 continuous electronic monitoring and supervision as directed by the commissioner. If 17 the electronic monitoring equipment would be detrimental to the prisoner's health, 18 would interfere with the functioning of the prisoner's medical equipment, or would 19 result in a loss of funding for the prisoner's medical care, the commissioner shall 20 require an alternative type of monitoring. The electronic monitoring shall be 21 administered by the department or by a private contractor approved by the department 22 under AS 33.30.011(a)(10)(B) and shall be designed so that any attempt to remove, 23 tamper with, or disable the monitoring equipment or to leave the place selected for the 24 service of the term or period will result in a report or notice to the department. 25 (c) A decision by the commissioner to authorize a prisoner for medical release 26 for service of sentence by electronic monitoring does not create a liberty interest in 27 that status for the prisoner. The commissioner may immediately revoke the medical 28 release and return the prisoner to a correctional facility if the prisoner no longer meets 29 the conditions of the medical release or if public safety concerns arise. 30 (d) The commissioner shall impose any conditions necessary to ensure public 31 safety on a prisoner authorized for medical release.
01 (e) A prisoner convicted of AS 11.41.434 - 11.41.440, 11.41.455, or 02 AS 11.61.140(a)(6) is not eligible for medical release under this section. 03 * Sec. 74. AS 44.21.020 is amended to read: 04 Sec. 44.21.020. Duties of department. The Department of Administration 05 shall 06 (1) make surveys and studies to improve administrative procedures, 07 methods, and organization; 08 (2) keep general accounts; 09 (3) approve vouchers and disburse funds for all purposes; 10 (4) operate centralized purchasing and supply services, and necessary 11 storerooms and warehouses; 12 (5) [REPEALED 13 (6)] supervise telephone, mailing, messenger, duplicating, and similar 14 services adaptable to centralized management; 15 (6) [(7)] administer the public employees' retirement system and 16 teachers' retirement system; 17 (7) [(8)] administer a statewide personnel program, including central 18 personnel services such as recruitment, assessment, position classification, and pay 19 administration; 20 (8) [(9)] administer and supervise a statewide automatic data 21 processing program; 22 (9) [(10)] study, design, implement, and manage the 23 telecommunications systems and services of the state under AS 44.21.305 - 44.21.330; 24 (10) establish and administer the address confidentiality program 25 under AS 44.21.022 [(11) REPEALED]. 26 * Sec. 75. AS 44.21 is amended by adding a new section to read: 27 Sec. 44.21.022. Address confidentiality program. (a) The address 28 confidentiality program is established in the department to protect the confidentiality 29 of the address of an individual enrolled in the program. 30 (b) The department shall 31 (1) establish and administer the program;
01 (2) designate a post office box as a substitute mailing address for an 02 individual enrolled in the program; 03 (3) forward the mail of an individual enrolled in the program from the 04 post office box designated under (2) of this subsection to the individual's residential 05 street address, post office box, school address, or work address as specified on the 06 individual's application for enrollment in the program; 07 (4) maintain the confidentiality of the address of an individual enrolled 08 in the program; and 09 (5) adopt regulations establishing a procedure for a qualified individual 10 under (c) of this section to enroll in or withdraw from the program. 11 (c) The following individuals may enroll in the program: 12 (1) a victim of a crime involving domestic violence, stalking, or sexual 13 assault if 14 (A) a court has issued a protective order on behalf of the 15 victim; or 16 (B) the victim meets other standards set by the department; 17 (2) a guardian of a minor, if a court has issued a protective order on 18 behalf of the minor; 19 (3) a peace officer; 20 (4) a correctional officer; and 21 (5) a household member of an individual specified under (1) - (4) of 22 this subsection who is enrolled in the program. 23 (d) Notwithstanding (c) of this section, a person with a duty to register under 24 AS 12.63.010 may not enroll in the program. 25 (e) A state or municipal agency shall allow an individual enrolled in the 26 program to use the post office box designated by the department under (b)(2) of this 27 section as the individual's mailing address. 28 (f) The length of initial enrollment in the program is five years. If an 29 individual enrolled in the program does not renew the individual's enrollment in the 30 program every five years, the department shall remove the individual from the 31 program. The department shall remove an individual enrolled in the program if, during
01 the time of the individual's enrollment in the program, the individual is required to 02 register under AS 12.63.010. 03 (g) The department may not collect a registration fee from an individual 04 qualified under (c) of this section to enroll in the program. 05 (h) The department shall disclose an individual's address to a peace officer in 06 response to a search warrant issued by a state or federal court. 07 (i) A person who discloses information that is confidential under this section 08 about an individual enrolled in the program under (c) of this section is guilty of a class 09 A misdemeanor if the person 10 (1) is authorized to access the address confidentiality program database 11 and recklessly discloses the information to the respondent of a protective order; 12 (2) is not authorized to access the address confidentiality program 13 database and knowingly discloses the information to the respondent of a protective 14 order; or 15 (3) accesses the address confidentiality program database without 16 authorization to access the database and recklessly discloses the information. 17 (j) In this section, 18 (1) "correctional officer" means a person 19 (A) appointed by the commissioner of corrections whose 20 primary duty under AS 33.30 is to provide custody, care, security, control, and 21 discipline of persons charged with or convicted of offenses against the state or 22 held under authority of state law; 23 (B) employed in a correctional facility in this state whose 24 primary duty is to provide custody, care, security, control, and discipline of 25 persons charged with or convicted of offenses or held under authority of law; 26 or 27 (C) employed full time in a municipal correctional facility 28 whose primary duty is to provide custody, care, security, control, and 29 discipline of persons charged with or convicted of offenses or held under 30 authority of law, and the correctional facility is located in a municipality that 31 has adopted AS 18.65.130 - 18.65.290 by ordinance under AS 18.65.285;
01 (2) "crime involving domestic violence" has the meaning given in 02 AS 18.66.990; 03 (3) "department" means the Department of Administration; 04 (4) "household member" means an adult or minor who lives in the 05 same residence as an individual enrolled in the program; 06 (5) "peace officer" has the meaning given in AS 01.10.060; 07 (6) "program" means the address confidentiality program. 08 * Sec. 76. AS 44.23.080(a) is amended to read: 09 (a) If there is reasonable cause to believe that an Internet service account has 10 been used in connection with a violation of AS 11.41.452, 11.41.455, AS 11.61.121, 11 11.61.122, or 11.61.125 - 11.61.128 [OR AS 11.61.125 - 11.61.128], and that the 12 identity, address, and other information about the account owner will assist in 13 obtaining evidence that is relevant to the offense, a law enforcement officer may apply 14 to the attorney general or the attorney general's designee for an administrative 15 subpoena to obtain the business records of the Internet service provider located inside 16 or outside of the state. 17 * Sec. 77. AS 44.28 is amended by adding a new section to read: 18 Sec. 44.28.040. Tribal liaison. The Department of Corrections shall employ at 19 least one person in the department to act as a tribal liaison and facilitate internal 20 communication and collaboration relating to cultural programs and processes and to 21 interact between communities in the state and federally recognized tribes. 22 * Sec. 78. AS 44.41.065(a) is amended to read: 23 (a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual 24 assault examination kit is used to gather evidence under AS 18.68.010, [THE 25 AGENCY SHALL] 26 (1) a health care provider that gathers the evidence shall, not later 27 than 14 days after gathering the evidence, notify the appropriate law 28 enforcement agency that the sexual assault examination kit is available to be sent 29 to an accredited laboratory in coordination with the Department of Public Safety 30 or a laboratory operated by the Department of Public Safety; 31 (2) a law enforcement agency that gathers the evidence or that
01 receives notification of evidence gathered by a health care provider under (1) of 02 this subsection shall, 03 (A) not later than 20 [WITHIN 30] days after gathering the 04 evidence or receiving the notification from the health care provider [THE 05 AGENCY COLLECTS THE SEXUAL ASSAULT EXAMINATION KIT], 06 send the sexual assault examination kit to an accredited laboratory in 07 coordination with the Department of Public Safety or a laboratory operated by 08 the Department of Public Safety; and 09 (B) not later than 14 days [(2) ENSURE THAT THE 10 LABORATORY TO WHICH THE SEXUAL ASSAULT EXAMINATION 11 KIT IS SENT UNDER (1) OF THIS SUBSECTION CONDUCTS A 12 SEROLOGICAL OR DNA TEST ON THE SEXUAL ASSAULT 13 EXAMINATION KIT WITHIN SIX MONTHS AFTER THE 14 LABORATORY RECEIVES THE SEXUAL ASSAULT EXAMINATION 15 KIT; AND 16 (3) WITHIN TWO WEEKS] after the laboratory that receives the 17 sexual assault examination kit under [(1) OF] this subsection completes serological or 18 DNA testing, make a reasonable effort to notify the victim from whom the sexual 19 assault examination kit was collected that the sexual assault examination kit has been 20 tested; and 21 (3) a laboratory to which the sexual assault examination kit is sent 22 under (2) of this subsection shall, not later than 120 days after receiving the 23 sexual assault examination kit, conduct a serological or DNA test on the sexual 24 assault examination kit. 25 * Sec. 79. AS 44.41.065(b) is amended to read: 26 (b) A criminal action may not be dismissed nor the evidence deemed 27 nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 28 (2)] of this section. 29 * Sec. 80. AS 44.41.065(c) is amended to read: 30 (c) If a case is resolved before a sexual assault examination kit is tested, a 31 health care provider, law enforcement agency, or laboratory in possession of the
01 sexual assault examination kit is not required to meet the time limits established in 02 (a) of this section. 03 * Sec. 81. AS 44.41.065(d)(1) is amended to read: 04 (1) "law enforcement agency" has [AND "AGENCY" HAVE] the 05 meaning given [TO "LAW ENFORCEMENT AGENCY"] in AS 12.36.090; 06 * Sec. 82. AS 44.41.065 is amended by adding a new subsection to read: 07 (e) A health care provider, law enforcement agency, or laboratory in 08 possession of a sexual assault examination kit shall enter information specified by the 09 Department of Public Safety into the sexual assault examination kit tracking system 10 under AS 44.41.067. The information must be entered at the time and in the form and 11 manner specified by the Department of Public Safety. 12 * Sec. 83. AS 44.41 is amended by adding a new section to read: 13 Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 14 Department of Public Safety shall develop and operate a sexual assault examination 15 kit tracking system to track the status and location of a sexual assault examination kit 16 from the point of evidence collection to serological or DNA testing. 17 (b) The sexual assault examination kit tracking system must allow the victim 18 from whom the sexual assault examination kit was collected to access the tracking 19 information associated with the kit and, if the victim chooses, receive automated 20 notifications of the status of the kit. 21 (c) The sexual assault examination kit tracking system is confidential and is 22 not a public record under AS 40.25.110 - 40.25.140, except that the Department of 23 Public Safety may include information from the tracking system in the report required 24 under AS 44.41.070. 25 * Sec. 84. AS 47.12.110(d) is amended to read: 26 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 27 the adjudication of a minor as a delinquent shall be open to the public, except as 28 prohibited or limited by order of the court, if 29 (1) the department files with the court a motion asking the court to 30 open the hearing to the public, and the petition seeking adjudication of the minor as a 31 delinquent is based on
01 (A) the minor's alleged commission of an offense, and the 02 minor has knowingly failed to comply with all the terms and conditions 03 required of the minor by the department or imposed on the minor in a court 04 order entered under AS 47.12.040(a)(2) or 47.12.120; 05 (B) the minor's alleged commission of 06 (i) a crime against a person that is punishable as a 07 felony; 08 (ii) a crime in which the minor employed a deadly 09 weapon, as that term is defined in AS 11.81.900(b), in committing the 10 crime; 11 (iii) arson under AS 11.46.400 - 11.46.410; 12 (iv) burglary under AS 11.46.300; 13 (v) distribution of child sexual abuse material under 14 AS 11.61.125; 15 (vi) sex trafficking in the first degree under 16 AS 11.66.110; 17 (vii) distribution of generated obscene child sexual 18 abuse material under AS 11.61.121; or 19 (viii) [OR (vii)] misconduct involving a controlled 20 substance under AS 11.71 involving the delivery of a controlled 21 substance or the possession of a controlled substance with intent to 22 deliver, other than an offense under AS 11.71.040 or 11.71.050; or 23 (C) the minor's alleged commission of a felony and the minor 24 was 16 years of age or older at the time of commission of the offense when the 25 minor has previously been convicted or adjudicated a delinquent minor based 26 on the minor's commission of an offense that is a felony; or 27 (2) the minor agrees to a public hearing on the petition seeking 28 adjudication of the minor as a delinquent. 29 * Sec. 85. AS 47.12.315(a) is amended to read: 30 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 31 section, the department shall disclose information to the public, on request, concerning
01 a minor subject to this chapter who was at least 13 years of age at the time of 02 commission of 03 (1) a felony offense against a person under AS 11.41; 04 (2) arson in the first or second degree; 05 (3) burglary in the first degree; 06 (4) distribution of child sexual abuse material; 07 (5) sex trafficking in the first degree; 08 (6) misconduct involving a controlled substance in the first, second, or 09 third degrees involving distribution or possession with intent to deliver; [OR] 10 (7) misconduct involving weapons in the first through fourth degrees; 11 or 12 (8) distribution of generated obscene child sexual abuse material 13 under AS 11.61.121. 14 * Sec. 86. AS 11.41.436(a)(6), 11.41.440(a)(2); AS 12.63.100(7)(C)(ii); and 15 AS 44.41.070(a) are repealed. 16 * Sec. 87. AS 12.62.160(f)(4) is repealed January 1, 2028. 17 * Sec. 88. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. (a) The following sections apply to offenses committed on or after 20 the effective date of those sections: 21 (1) AS 09.55.650(a), as amended by sec. 1 of this Act; 22 (2) AS 11.41.100(a), as amended by sec. 2 of this Act; 23 (3) AS 11.41.110(a), as amended by sec. 3 of this Act; 24 (4) AS 11.41.220(a), as amended by sec. 4 of this Act; 25 (5) AS 11.41.220(b), as amended by sec. 5 of this Act; 26 (6) AS 11.41.260(a), as amended by sec. 6 of this Act; 27 (7) AS 11.41.410(a), as amended by sec. 7 of this Act; 28 (8) AS 11.41.420(a), as amended by sec. 8 of this Act; 29 (9) AS 11.41.434(a), as amended by sec. 9 of this Act; 30 (10) AS 11.41.436(a), as amended by sec. 10 of this Act; 31 (11) AS 11.41.438(a), as amended by sec. 11 of this Act;
01 (12) AS 11.41.452(a), as amended by sec. 12 of this Act; 02 (13) AS 11.41.452(b), as amended by sec. 13 of this Act; 03 (14) AS 11.41.452(c), as amended by sec. 14 of this Act; 04 (15) AS 11.41.452(e), as amended by sec. 15 of this Act; 05 (16) AS 11.41.455(a), as amended by sec. 16 of this Act; 06 (17) AS 11.41.458(b), as amended by sec. 17 of this Act; 07 (18) AS 11.41.460(b), as amended by sec. 18 of this Act; 08 (19) AS 11.46.140(a), as amended by sec. 19 of this Act; 09 (20) AS 11.46.140(c), enacted by sec. 20 of this Act; 10 (21) AS 11.51.100(a), as amended by sec. 21 of this Act; 11 (22) AS 11.61.116(a), as amended by sec. 22 of this Act; 12 (23) AS 11.61.118(a), as amended by sec. 23 of this Act; 13 (24) AS 11.61.120(a), as amended by sec. 24 of this Act; 14 (25) AS 11.61.124(a), as amended by sec. 26 of this Act; 15 (26) AS 11.61.124(b), as amended by sec. 27 of this Act; 16 (27) AS 11.61.125(b), as amended by sec. 28 of this Act; 17 (28) AS 11.61.125(e), as amended by sec. 29 of this Act; 18 (29) AS 11.61.127(a), as amended by sec. 30 of this Act; 19 (30) AS 11.61.127(b), as amended by sec. 31 of this Act; 20 (31) AS 11.61.128(a), as amended by sec. 32 of this Act; 21 (32) AS 11.61.128(b), as amended by sec. 33 of this Act; 22 (33) AS 11.61.128(c), as amended by sec. 34 of this Act; 23 (34) AS 11.61.128(e), as amended by sec. 35 of this Act; 24 (35) AS 11.61.129(a), as amended by sec. 36 of this Act; 25 (36) AS 11.61.140(a), as amended by sec. 37 of this Act; 26 (37) AS 11.61.140(g), as amended by sec. 38 of this Act; 27 (38) AS 11.61.140(h), as amended by sec. 39 of this Act; 28 (39) AS 11.66.100(c), as amended by sec. 40 of this Act; 29 (40) AS 12.45.046(a), as amended by sec. 43 of this Act; 30 (41) AS 12.55.127(c), as amended by sec. 50 of this Act; 31 (42) AS 28.35.060(b), as amended by sec. 64 of this Act;
01 (43) AS 28.35.060(c), as amended by sec. 65 of this Act; 02 (44) AS 28.35.060(d), enacted by sec. 66 of this Act. 03 (b) The following sections apply to sentences imposed on or after the effective date of 04 those sections for conduct occurring on or after the effective date of those sections: 05 (1) AS 12.55.078(f), as amended by sec. 44 of this Act; 06 (2) AS 12.55.085(f), as amended by sec. 45 of this Act; 07 (3) AS 12.55.125(b), as amended by sec. 47 of this Act; 08 (4) AS 12.55.125(d), as amended by sec. 48 of this Act; 09 (5) AS 12.55.125(i), as amended by sec. 49 of this Act; 10 (6) AS 12.55.145(a), as amended by sec. 52 of this Act; 11 (7) AS 12.55.155(c), as amended by sec. 53 of this Act; 12 (8) AS 12.55.185(16), as amended by sec. 54 of this Act; 13 (9) AS 12.62.900(22), as amended by sec. 58 of this Act; 14 (10) AS 12.63.020(a), as amended by sec. 59 of this Act; 15 (11) AS 12.63.100(7), as amended by sec. 60 of this Act; 16 (12) AS 14.20.030(b), as amended by sec. 61 of this Act. 17 (c) AS 18.66.250(5), as amended by sec. 62 of this Act, applies to communications 18 made before, on, or after the effective date of sec. 62 of this Act for offenses committed 19 before, on, or after the effective date of sec. 62 of this Act. 20 (d) AS 33.16.100(g), as amended by sec. 72 of this Act, and AS 33.30.068, enacted 21 by sec. 73 of this Act, apply to prisoners incarcerated before, on, or after the effective date of 22 secs. 72 and 73 of this Act. 23 * Sec. 89. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION; APPOINTMENTS. (a) Notwithstanding AS 33.16.020(b), as 26 amended by sec. 69 of this Act, a member of the board on the effective date of sec. 69 of this 27 Act who has previously served two or more terms or is currently serving a second term may 28 finish the term to which the member was appointed, but may not be reappointed. 29 (b) Notwithstanding AS 33.16.030(b), as repealed and reenacted by sec. 70 of this 30 Act, a member of the board on the effective date of sec. 70 of this Act may continue to serve 31 the term to which the member was appointed.
01 (c) In this section, "board" means the board of parole. 02 * Sec. 90. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION: REGULATIONS. The Department of Administration may adopt 05 regulations necessary to implement AS 44.21.022, enacted by sec. 75 of this Act. The 06 regulations take effect under AS 44.62 (Administrative Procedure Act) but not before the 07 effective date of the law being implemented by the regulation. 08 * Sec. 91. Section 90 of this Act takes effect immediately under AS 01.10.070(c). 09 * Sec. 92. Sections 56, 57, and 68 - 71 of this Act take effect January 1, 2027. 10 * Sec. 93. Section 87 of this Act takes effect January 1, 2028. 11 * Sec. 94. Except as provided in secs. 91 - 93 of this Act, this Act takes effect July 1, 2026.