Legislature(2021 - 2022)
2022-10-05 House Journal
Full Journal pdf2022-10-05 House Journal Page 3179 HB 325 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:50 a.m., July 21: HOUSE BILL NO. 325 am S(efd add S) "An Act relating to petitions for a change of name for certain persons; relating to the duty to register as a sex offender; relating to sexual offenses; relating to domestic violence; relating to the code of military justice; relating to consent; relating to the testing of sexual assault examination kits; relating to lifetime revocation of a teaching certificate for certain offenses; amending Rule 84, Alaska Rules of Civil Procedure; and providing for an effective date." The following memorandum dated June 15 was received from Lora Brown, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in HB 325 am S(efd add S), which have been corrected in enrolling: Page 1, following line 7: Insert a new bill section to read: "* Section 1. AS 09.55.010 is amended by adding new subsections to read: (b) A person seeking a change of name under this section shall notify the court if the person is (1) committed to the custody of the Department of Corrections, on probation under AS 33.05, or on parole under AS 33.16; a person subject to this paragraph shall provide proof satisfactory to the court that notice of the petition has been provided to the person's assigned probation or parole officer; (2) required to register as a sex offender under AS 12.63; a person subject to this paragraph shall provide proof satisfactory to the court that notice of the petition has been provided to the Department of Public Safety; or (3) charged with an offense; a person subject to this paragraph shall provide the court with the case number associated 2022-10-05 House Journal Page 3180 with the offense. (c) In addition to the requirements provided under (a) of this section, a court may not grant a change of name of a person subject to (b) of this section unless the court finds that the change (1) does not have a fraudulent purpose; (2) is not intended to hinder or obstruct law enforcement purposes; and (3) would not interfere with the rights of others." Page 1, line 8: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 4, lines 2 - 3: Delete "Health and Social" Insert "Family and Community" Page 4, line 17: Delete "Health and Social" Insert "Family and Community" Page 5, following line 30: Insert a new bill section to read: "* Sec. 8. AS 11.56.840(a) is amended to read: (a) A person commits the crime of failure to register as a sex offender or child kidnapper in the second degree if the person (1) is required to register under AS 12.63.010; (2) knows that the person is required to register under AS 12.63.010; and (3) fails to (A) register; (B) file written notice of (i) change of residence; (ii) change of mailing address; (iii) establishment of an electronic or messaging address or any change to an electronic or messaging address; [OR] (iv) establishment of an Internet communication identifier or any change to an Internet communication 2022-10-05 House Journal Page 3181 identifier; or (v) change of name; (C) file the annual or quarterly written verification; or (D) supply accurate and complete information required to be submitted under this paragraph." Renumber the following bill sections accordingly. Page 9, following line 28: Insert a new bill section to read: "* Sec. 12. AS 12.63.010(c) is amended to read: (c) If a sex offender or child kidnapper changes residence or obtains a change of name under AS 09.55.010 or AS 25.24.165 after having registered under (a) of this section, the sex offender or child kidnapper shall provide written notice of the change by the next working day following the change to the Alaska state trooper post or municipal police department located nearest to the new residence or, if the residence change is out of state, to the central registry. If a sex offender or child kidnapper establishes or changes an electronic mail address, instant messaging address, or other Internet communication identifier, the sex offender or child kidnapper shall, by the next working day, notify the department in writing of the changed or new address or identifier. " Renumber the following bill sections accordingly. Page 10, line 4, through page 11, line 9: Delete all material. Renumber the following bill sections accordingly. Page 12, lines 6 - 9: Delete all material. Renumber the following bill sections accordingly. Page 12, line 10: Delete "a new subsection" Insert "new subsections" 2022-10-05 House Journal Page 3182 Page 12, following line 25: Insert a new bill section to read: "* Sec. 16. AS 26.05.900(e) is amended by adding a new paragraph to read: (9) "consent" has the meaning given in AS 26.05.890(h)." Renumber the following bill sections accordingly. Page 14, line 13: Delete "or" Insert "[OR]" Page 14, following line 17: Insert new bill sections to read: "* Sec. 20. AS 44.41.065(a) is amended to read: (a) When a law enforcement agency collects a sexual assault examination kit under AS 18.68.010, the agency shall (1) within 30 days after the agency collects the sexual assault examination kit, send the sexual assault examination kit to an accredited laboratory in coordination with the Department of Public Safety or a laboratory operated by the Department of Public Safety; (2) ensure that the laboratory to which the sexual assault examination kit is sent under (1) of this subsection conducts a serological or DNA test on the sexual assault examination kit within six months [ONE YEAR] after the laboratory receives the sexual assault examination kit; and (3) within two weeks after the laboratory that receives the sexual assault examination kit under (1) of this subsection completes serological or DNA testing, make a reasonable effort to notify the victim from whom the sexual assault examination kit was collected that the sexual assault examination kit has been tested. * Sec. 21. AS 26.05.900(e)(8) is repealed." Renumber the following bill sections accordingly. 2022-10-05 House Journal Page 3183 Page 14, line 20: Delete "sec. 11" Insert "sec. 1" Page 14, line 21: Delete "sec. 16" Insert "sec. 15" Delete "has" Insert "have" Page 14, lines 26 - 27: Delete "AS 11.56.840(a), as amended by sec. 12 of this Act, applies to offenses committed on or after the effective date" Insert "AS 11.41.410, as amended by sec. 2 of this Act, AS 11.41.420(a), as amended by sec. 3 of this Act, AS 11.41.425(a), as amended by sec. 4 of this Act, AS 11.41.445(c), enacted by sec. 5 of this Act, AS 11.41.470(10), as repealed and reenacted by sec. 6 of this Act, AS 11.41.530(a), as amended by sec. 7 of this Act, AS 11.56.840(a), as amended by sec. 8 of this Act, AS 11.61.118(a), as amended by sec. 9 of this Act, AS 12.55.035(b), as amended by sec. 10 of this Act, AS 12.55.125(i), as amended by sec. 11 of this Act, AS 14.20.030(b), as amended by sec. 13 of this Act, AS 26.05.900(e), as amended by sec. 16 of this Act, and the repeal of AS 26.05.900(e)(8) by sec. 21 of this Act apply to offenses committed on or after the effective date of secs. 2 - 11, 13, 16, and 21" Page 14, line 28: Delete "sec. 13" Insert "sec. 12" Page 14, line 30, following "date": Insert "of sec. 12" Page 15, line 2: Delete "sec. 11" Insert "sec. 1" 2022-10-05 House Journal Page 3184 Page 15, line 3: Delete "sec. 16" Insert "sec. 15" Delete "sec. 20" Insert "sec. 22" Page 15, line 6, through page 16, line 2: Delete all material. Renumber the following bill sections accordingly. Page 16, line 3: Delete "Section 24" Insert "Section 20" Page 16, line 4: Delete "sec. 27" Insert "sec. 25""