Legislature(2021 - 2022)
2022-05-18 Senate Journal
Full Journal pdf2022-05-18 Senate Journal Page 2937 HB 325 HOUSE BILL NO. 325 "An Act relating to domestic violence" was read the third time. Senator Begich moved the bill be returned to second reading for all amendments offered today. Without objection, the bill was returned to second reading. Senator Begich offered Amendment No. 1 : Page 1, line 1, following "Act": Insert "relating to aggravating factors considered at sentencing; and" Page 1, following line 2: Insert a new bill section to read: "* Section 1. AS 12.55.155(c) is amended to read: (c) The following factors shall be considered by the sentencing court if proven in accordance with this section, and may allow imposition of a sentence above the presumptive range set out in AS 12.55.125: (1) a person, other than an accomplice, sustained physical 2022-05-18 Senate Journal Page 2938 injury as a direct result of the defendant's conduct; (2) the defendant's conduct during the commission of the offense manifested deliberate cruelty to another person; (3) the defendant was the leader of a group of three or more persons who participated in the offense; (4) the defendant employed a dangerous instrument in furtherance of the offense; (5) the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or extreme youth or was for any other reason substantially incapable of exercising normal physical or mental powers of resistance; (6) the defendant's conduct created a risk of imminent physical injury to three or more persons, other than accomplices; (7) a prior felony conviction considered for the purpose of invoking a presumptive range under this chapter was of a more serious class of offense than the present offense; (8) the defendant's prior criminal history includes conduct involving aggravated assaultive behavior, repeated instances of assaultive behavior, repeated instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a combination of assaultive behavior and cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" means assault that is a felony under AS 11.41, or a similar provision in another jurisdiction; (9) the defendant knew that the offense involved more than one victim; (10) the conduct constituting the offense was among the most serious conduct included in the definition of the offense; (11) the defendant committed the offense under an agreement that the defendant either pay or be paid for the commission of the offense, and the pecuniary incentive was beyond that inherent in the offense itself; (12) the defendant was on release under AS 12.30 for another felony charge or conviction or for a misdemeanor charge or conviction having assault as a necessary element; (13) the defendant knowingly directed the conduct constituting the offense at an active officer of the court or at an active or former judicial officer, prosecuting attorney, law enforcement officer, 2022-05-18 Senate Journal Page 2939 correctional employee, firefighter, emergency medical technician, paramedic, ambulance attendant, or other emergency responder during or because of the exercise of official duties; (14) the defendant was a member of an organized group of five or more persons, and the offense was committed to further the criminal objectives of the group; (15) the defendant has three or more prior felony convictions; (16) the defendant's criminal conduct was designed to obtain substantial pecuniary gain and the risk of prosecution and punishment for the conduct is slight; (17) the offense was one of a continuing series of criminal offenses committed in furtherance of illegal business activities from which the defendant derives a major portion of the defendant's income; (18) the offense was a felony (A) specified in AS 11.41 and was committed against a spouse, a former spouse, or a member of the social unit made up of those living together in the same dwelling as the defendant; (B) specified in AS 11.41.410 - 11.41.458 and the defendant has engaged in the same or other conduct prohibited by a provision of AS 11.41.410 - 11.41.460 involving the same or another victim; (C) specified in AS 11.41 that is a crime involving domestic violence and was committed in the physical presence or hearing of a child under 16 years of age who was, at the time of the offense, living within the residence of the victim, the residence of the perpetrator, or the residence where the crime involving domestic violence occurred; (D) specified in AS 11.41 and was committed against a person with whom the defendant has a dating relationship or with whom the defendant has engaged in a sexual relationship; or (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and the defendant was 10 or more years older than the victim; (19) the defendant's prior criminal history includes an adjudication as a delinquent for conduct that would have been a felony if committed by an adult; (20) the defendant was on furlough under AS 33.30 or on parole or probation for another felony charge or conviction that would be considered a prior felony conviction under AS 12.55.145(a)(1)(B); 2022-05-18 Senate Journal Page 2940 (21) the defendant has a criminal history of repeated instances of conduct violative of criminal laws, whether punishable as felonies or misdemeanors, similar in nature to the offense for which the defendant is being sentenced under this section; (22) the defendant knowingly directed the conduct constituting the offense at a victim because of that person's race, sex, sexual orientation or gender identity, color, creed, physical or mental disability, ancestry, citizenship, religion, or national origin; (23) the defendant is convicted of an offense specified in AS 11.71 and (A) the offense involved the delivery of a controlled substance under circumstances manifesting an intent to distribute the substance as part of a commercial enterprise; or (B) at the time of the conduct resulting in the conviction, the defendant was caring for or assisting in the care of a child under 10 years of age; (24) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the transportation of controlled substances into the state; (25) the defendant is convicted of an offense specified in AS 11.71 and the offense involved large quantities of a controlled substance; (26) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the distribution of a controlled substance that had been adulterated with a toxic substance; (27) the defendant, being 18 years of age or older, (A) is legally accountable under AS 11.16.110(2) for the conduct of a person who, at the time the offense was committed, was under 18 years of age and at least three years younger than the defendant; or (B) is aided or abetted in planning or committing the offense by a person who, at the time the offense was committed, was under 18 years of age and at least three years younger than the defendant; (28) the victim of the offense is a person who provided testimony or evidence related to a prior offense committed by the defendant; (29) the defendant committed the offense for the benefit of, at the direction of, or in association with a criminal street gang; (30) the defendant is convicted of an offense specified in 2022-05-18 Senate Journal Page 2941 AS 11.41.410 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to the victim in furtherance of the offense with the intent to make the victim incapacitated; in this paragraph, "incapacitated" has the meaning given in AS 11.41.470; (31) the defendant's prior criminal history includes convictions for five or more crimes in this or another jurisdiction that are class A misdemeanors under the law of this state, or having elements similar to a class A misdemeanor; two or more convictions arising out of a single continuous episode are considered a single conviction; however, an offense is not a part of a continuous episode if committed while attempting to escape or resist arrest or if it is an assault on a uniformed or otherwise clearly identified peace officer or correctional employee; notice and denial of convictions are governed by AS 12.55.145(b) - (d); (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the offense occurred on school grounds, on a school bus, at a school- sponsored event, or in the administrative offices of a school district if students are educated at that office; in this paragraph, (A) "school bus" has the meaning given in AS 11.71.900; (B) "school district" has the meaning given in AS 47.07.063; (C) "school grounds" has the meaning given in AS 11.71.900; (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, the defendant had been previously diagnosed as having or having tested positive for HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the victim to a risk or a fear that the offense could result in the transmission of HIV or AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in AS 18.15.310; (34) the defendant committed the offense on, or to affect persons or property on, the premises of a recognized shelter or facility providing services to victims of domestic violence or sexual assault; (35) the defendant knowingly directed the conduct constituting the offense at a victim because that person was 65 years of age or older; (36) the defendant committed the offense at a health care facility and knowingly directed the conduct constituting the offense at a medical professional during or because of the medical professional's exercise of professional duties; in this paragraph, 2022-05-18 Senate Journal Page 2942 (A) "health care facility" has the meaning given in AS 18.07.111; (B) "medical professional" has the meaning given in AS 12.55.135(k); (37) the defendant knowingly caused the victim to become unconscious by means of a dangerous instrument; in this paragraph, "dangerous instrument" has the meaning given in AS 11.81.900(b)(15)(B)." Page 1, line 3: Delete "Section 1" Insert "Sec. 2" Page 2, following line 3: Insert a new bill section to read: "* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 12.55.155(c), as amended by sec. 1 of this Act, applies to offenses committed on or after the effective date of this Act." Senator Begich moved for the adoption of Amendment No. 1. Senator Reinbold objected. Senator Reinbold moved to table amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be tabled?" The roll was taken with the following result: HB 325 Second Reading Shall Amendment No. 1 be tabled? YEAS: 11 NAYS: 8 EXCUSED: 0 ABSENT: 1 Yeas: Costello, Holland, Hughes, Micciche, Myers, Olson, Reinbold, Revak, Shower, Stevens, Wilson Nays: Begich, Bishop, Gray-Jackson, Kawasaki, Kiehl, Stedman, von Imhof, Wielechowski Absent: Hoffman 2022-05-18 Senate Journal Page 2943 and so, Amendment No. 1 was tabled. Senator Holland offered Amendment No. 2 : Page 1, line 1: Following "Act": Insert "relating to petitions for a change of name for certain persons; relating to the duty to register as a sex offender;" Following "violence": Insert "; and amending Rule 84, Alaska Rules of Civil Procedure" Page 1, following line 2: Insert new bill sections 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 served on 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 served on 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 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. * Sec. 2. 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 2022-05-18 Senate Journal Page 2944 (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 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. * Sec. 3. 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 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." Page 1, line 3: Delete "Section 1" Insert "Sec. 4" Page 2, following line 3: Insert new bill sections to read: "* Sec. 5. AS 25.24.165 is amended by adding a new subsection to read: (c) This section does not apply to a person who is committed to the custody of the Department of Corrections, on probation under 2022-05-18 Senate Journal Page 2945 AS 33.05, on parole under AS 33.16, or required to register as a sex offender under AS 12.63. * Sec. 6. AS 33.05.020 is amended by adding a new subsection to read: (j) The commissioner shall notify the victim of a crime upon receiving notice that a probationer has filed a petition for a change of name under AS 09.55.010. * Sec. 7. AS 33.16.180 is amended to read: Sec. 33.16.180. Duties of the commissioner. The commissioner shall (1) conduct investigations of prisoners eligible for discretionary parole, as requested by the board and as provided in this section; (2) supervise the conduct of parolees; (3) appoint and assign parole officers and personnel; (4) notify the board and provide information on a prisoner 120 days before the prisoner's mandatory release date, if the prisoner is to be released on mandatory parole; (5) maintain records, files, and accounts as requested by the board; (6) prepare preparole reports under AS 33.16.110(a); (7) notify the board in writing of a prisoner's compliance or noncompliance with the prisoner's case plan created under AS 33.30.011(a)(8) not less than 30 days before the prisoner's next parole eligibility date or the prisoner's parole hearing date, whichever is earlier; (8) establish an administrative sanction and incentive program to facilitate a swift and certain response to a parolee's compliance with or violation of the conditions of parole and shall adopt regulations to implement the program; at a minimum, the regulations must include (A) a decision-making process to guide parole officers in determining the suitable response to positive and negative offender behavior that includes a list of sanctions for the most common types of negative behavior, including technical violations of conditions of parole, and a list of incentives for compliance with conditions and positive behavior that exceeds those conditions; (B) policies and procedures that ensure (i) a process for responding to negative behavior that includes a review of previous violations and sanctions; 2022-05-18 Senate Journal Page 2946 (ii) that enhanced sanctions for certain negative conduct are approved by the commissioner or the commissioner's designee; and (iii) that appropriate due process protections are included in the process, including notice of negative behavior, an opportunity to dispute the accusation and the sanction, and an opportunity to request a review of the accusation and the sanction; [AND] (9) within 30 days after sentencing of an offender, provide the victim of a crime information on the earliest dates the offender could be released on furlough, probation, or parole, including deductions or reductions for good time or other good conduct incentives, and the process for release, including contact information for the decision-making bodies; and (10) notify the board and the victim of a crime upon receiving notice that a parolee has filed a petition for a change of name under AS 09.55.010. * Sec. 8. AS 33.30.013(a) is amended to read: (a) The commissioner shall notify the victim if [THE OFFENDER] (1) the offender escapes from custody; (2) the offender is discharged from parole under AS 33.16; or (3) the offender is released to the community on a furlough, on an early release program, or for any other reason; or (4) the commissioner receives notice that the offender has filed a petition for a change of name under AS 09.55.010. * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to read: INDIRECT COURT RULE AMENDMENT. AS 09.55.010, as amended by sec. 1 of this Act, has the effect of changing Rule 84, Alaska Rules of Civil Procedure, by establishing specific parties that must be notified and findings that must be made by the court when certain persons petition for a change of name. * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. (a) AS 11.56.840(a), as amended by sec. 2 of this Act, applies to offenses committed on or after the effective date of this Act. (b) AS 12.63.010(c), as amended by sec. 3 of this Act, applies to the duty to register as a sex offender or child kidnapper for offenses 2022-05-18 Senate Journal Page 2947 committed before, on, or after the effective date of this Act. * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to read: CONDITIONAL EFFECT. AS 09.55.010(b) and (c), enacted by sec. 1 of this Act, take effect only if sec. 9 of this Act receives the two- thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska." Senator Holland moved for the adoption of Amendment No. 2. Senator Kiehl objected. Senator Kiehl moved for the adoption of the following amendment to Amendment No. 2: Page 1, line 16: Delete "served on" Insert "provided to" Page 1, line 19: Delete "served on" Insert "provided to" Page 2, line 26, following "AS 09.55.010": Insert "or AS 25.24.165" Pg. 3, line 12, following "person": Insert "who seeks a change of name to a name other than a prior name and" Pg. 3, following line 14: Insert "(d) A person seeking a change of name to a prior 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 2022-05-18 Senate Journal Page 2948 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 with the offense." Page 4, line 29, following "AS 09.55.010": Insert "or AS 25.24.165" Page 5, line 6, following "AS 09.55.010": Insert "or AS 25.24.165" Page 5, line 10, following "Act": Insert "and AS 25.24.165, as amended by sec. 5 of this Act" Page 5, line 22, following "Act": Insert "and AS 25.24.165 (c) and (d), enacted by sec. 5 of this Act" Senator Reinbold objected to the amendment to Amendment No. 2, then withdrew her objection. There being no further objection, Amendment No. 2 was amended. There being no further objection to Amendment No. 2, Amendment No. 2 as amended was adopted. Senator Holland offered Amendment No. 3 : Page 1, line 1, following "Act": Insert "relating to lifetime revocation of a teaching certificate for certain offenses; and" Page 1, following line 2: Insert a new bill section to read: "* Section 1. AS 14.20.030(b) is amended to read: (b) The commissioner or the Professional Teaching Practices Commission shall revoke for life the certificate of a person who has been convicted of a crime, or an attempt, solicitation, or conspiracy to commit a crime, involving a minor under AS 11.41.410 - 11.41.460, AS 11.61.125 or 11.61.127, or a law or ordinance in another jurisdiction with elements similar to an offense described in this subsection." 2022-05-18 Senate Journal Page 2949 Page 1, line 3: Delete "Section 1" Insert "Sec. 2" Page 2, following line 3: Insert a new bill section to read: "* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 14.20.030(b), as amended by sec. 1 of this Act, applies to offenses committed on or after the effective date of this Act." Senator Holland moved for the adoption of Amendment No. 3. Senator Wielechowski objected, then withdrew his objection. There being no further objection, Amendment No. 3 was adopted. Senators Hughes, Kiehl, Myers, Olson, Holland, Gray-Jackson, Shower, Kawasaki offered Amendment No. 4 : Page 1, line 1: Delete all material and insert: ""An Act 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; and providing for an effective date."" Page 1, following line 2: Insert new bill sections to read: "* Section 1. AS 11.41.410 is amended to read: Sec. 11.41.410. Sexual assault in the first degree. (a) An offender commits the crime of sexual assault in the first degree if (1) the offender engages in sexual penetration with another person (A) without consent of that person by (i) the use of force or the express or implied threat of force against any person or property; or (ii) causing the person to become incapacitated; (B) by impersonating someone known to the person for the purpose of obtaining consent; (2) the offender attempts to engage in sexual penetration with 2022-05-18 Senate Journal Page 2950 another person without consent of that person and causes serious physical injury to that person; (3) the offender engages in sexual penetration with another person (A) who the offender knows is mentally incapable; and (B) who is in the offender's care (i) by authority of law; or (ii) in a facility or program that is required by law to be licensed by the state; or (4) the offender engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed and (A) the offender is a health care worker; and (B) the offense takes place during the course of professional treatment of the victim. (b) Sexual assault in the first degree [IS AN UNCLASSIFIED FELONY AND] is punishable as provided in AS 12.55 and is (1) an unclassified felony if the offender violates (a)(1)(A), (2), (3), or (4) of this section; (2) a class A felony if the offender violates (a)(1)(B) of this section. * Sec. 2. AS 11.41.420(a) is amended to read: (a) An offender commits the crime of sexual assault in the second degree if (1) the offender engages in sexual contact with another person (A) without consent of that person by (i) the use of force or the express or implied threat of force against any person or property; or (ii) causing the person to become incapacitated; (B) by impersonating someone known to the person for the purpose of obtaining consent; (2) the offender engages in sexual contact with a person (A) who the offender knows is mentally incapable; and (B) who is in the offender's care (i) by authority of law; or (ii) in a facility or program that is required by law to be licensed by the state; (3) the offender engages in sexual penetration with a person who is (A) mentally incapable; 2022-05-18 Senate Journal Page 2951 (B) incapacitated; or (C) unaware that a sexual act is being committed; [OR] (4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and (A) the offender is a health care worker; and (B) the offense takes place during the course of professional treatment of the victim; or (5) under circumstances not proscribed under AS 11.41.410, the offender engages in sexual penetration with another person without consent of that person. * Sec. 3. AS 11.41.425(a) is amended to read: (a) An offender commits the crime of sexual assault in the third degree if the offender (1) engages in sexual contact with a person who is (A) mentally incapable; (B) incapacitated; or (C) unaware that a sexual act is being committed; (2) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, engages in sexual penetration with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment; (3) engages in sexual penetration with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of the person; (4) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, engages in sexual penetration with a person with reckless disregard that the person is in the custody or the apparent custody of the offender, or is committed to the custody of a law enforcement agency; (5) while employed by the state or a municipality of the state as a probation officer or parole officer, or while acting as a probation officer or parole officer in the state, engages in sexual penetration with a person with reckless disregard that the person is on probation or parole; [OR] (6) while employed as a juvenile probation officer or as a 2022-05-18 Senate Journal Page 2952 juvenile facility staff, engages in sexual penetration with a person 18 or 19 years of age with reckless disregard that the person is committed to the custody or probationary supervision of the Department of Health and Social Services; or (7) under circumstances not proscribed under AS 11.41.420, the offender engages in sexual contact with another person without consent of that person; in this paragraph, "sexual contact" does not include an offender knowingly causing a person to come into contact with semen. * Sec. 4. AS 11.41.445 is amended by adding a new subsection to read: (c) In a prosecution under AS 11.41.410 - 11.41.427, where consent is at issue, (1) an expression of lack of consent through words or conduct means there is no consent; an expression of lack of consent under this paragraph does not require verbal or physical resistance and may include inaction; (2) a current or previous dating, social, or sexual relationship between the defendant and the person involved with the defendant in the conduct at issue may not by itself constitute consent; (3) a person cannot consent if the person is fraudulently made to believe that the sexual act serves a professional purpose; in this paragraph, "professional purpose" means an act the defendant has represented as a necessary part or component of a provided service, part of the routine course of a procedure, or a component of the defendant's profession that would occur if a person sought services from another practitioner in the same field as the defendant. * Sec. 5. AS 11.41.470(10) is repealed and reenacted to read: (10) "without consent" means that, under the totality of the circumstances surrounding the offense, there was not a freely given, reversible agreement specific to the conduct at issue; in this paragraph, "freely given" means agreement to cooperate in the act was positively expressed by word or action. * Sec. 6. AS 11.41.530(a) is amended to read: (a) A person commits the crime of coercion if, under circumstances not proscribed under AS 11.41.410 - 11.41.427, the person compels another to engage in conduct from which there is a legal right to abstain or abstain from conduct in which there is a legal right to engage, by means of instilling in the person who is compelled a fear that, if the demand is not complied with, the person 2022-05-18 Senate Journal Page 2953 who makes the demand or another may (1) inflict physical injury on anyone, except under circumstances constituting robbery in any degree, or commit any other crime; (2) accuse anyone of a crime; (3) expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule or to impair the person's credit or business repute; (4) take or withhold action as a public servant or cause a public servant to take or withhold action; (5) bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the person making the threat or suggestion purports to act; (6) testify or provide information or withhold testimony or information with respect to a person's legal claim or defense. * Sec. 7. AS 11.61.118(a) is amended to read: (a) A person commits the crime of harassment in the first degree if, under circumstances not proscribed under AS 11.41.410 - 11.41.427 or 11.41.434 - 11.41.440 [AS 11.41.434 - 11.41.440], the person violates AS 11.61.120(a)(5) and the offensive physical contact is contact (1) with human or animal blood, mucus, saliva, semen, urine, vomitus, or feces; or (2) by the person touching through clothing another person's genitals, buttocks, or female breast. * Sec. 8. AS 12.55.035(b) is amended to read: (b) Upon conviction of an offense, a defendant who is not an organization may be sentenced to pay, unless otherwise specified in the provision of law defining the offense, a fine of not more than (1) $500,000 for murder in the first or second degree, attempted murder in the first degree, murder of an unborn child, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first degree under AS 11.66.110(a)(2), or misconduct involving a controlled substance in the first degree; (2) $250,000 for a class A felony; (3) $100,000 for a class B felony; (4) $50,000 for a class C felony; (5) $25,000 for a class A misdemeanor; 2022-05-18 Senate Journal Page 2954 (6) $2,000 for a class B misdemeanor; (7) $500 for a violation. * Sec. 9. AS 12.55.125(i) is amended to read: (i) A defendant convicted of (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: (A) if the offense is a first felony conviction, the offense does not involve circumstances described in (B) of this paragraph, and the victim was (i) less than 13 years of age, 25 to 35 years; (ii) 13 years of age or older, 20 to 30 years; (B) if the offense is a first felony conviction and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury during the commission of the offense, 25 to 35 years; (C) if the offense is a second felony conviction and does not involve circumstances described in (D) of this paragraph, 30 to 40 years; (D) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 35 to 45 years; (E) if the offense is a third felony conviction and the defendant is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 to 60 years; (F) if the offense is a third felony conviction, the defendant is not subject to sentencing under (l) of this section, and the defendant has two prior convictions for sexual felonies, 99 years; (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite 2022-05-18 Senate Journal Page 2955 term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: (A) if the offense is a first felony conviction, the offense does not involve circumstances described in (B) of this paragraph, and the victim was (i) under 13 years of age, 20 to 30 years; (ii) 13 years of age or older, 15 to 30 years; (B) if the offense is a first felony conviction and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury during the commission of the offense, 25 to 35 years; (C) if the offense is a second felony conviction and does not involve circumstances described in (D) of this paragraph, 25 to 35 years; (D) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 30 to 40 years; (E) if the offense is a third felony conviction, the offense does not involve circumstances described in (F) of this paragraph, and the defendant is not subject to sentencing under (l) of this section, 35 to 50 years; (F) if the offense is a third felony conviction, the defendant is not subject to sentencing under (l) of this section, and the defendant has two prior convictions for sexual felonies, 99 years; (3) sexual assault in the second degree, sexual abuse of a minor in the second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the first degree under AS 11.41.458(b)(2), [OR] distribution of child pornography under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation to commit sexual assault in the first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: (A) if the offense is a first felony conviction, five to 15 years; (B) if the offense is a second felony conviction and does not involve circumstances described in (C) of this paragraph, 10 to 25 years; 2022-05-18 Senate Journal Page 2956 (C) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 15 to 30 years; (D) if the offense is a third felony conviction and does not involve circumstances described in (E) of this paragraph, 20 to 35 years; (E) if the offense is a third felony conviction and the defendant has two prior convictions for sexual felonies, 99 years; (4) sexual assault in the third degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under AS 11.41.458(b)(1), indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), possession of child pornography, distribution of child pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in the second degree, sexual abuse of a minor in the second degree, unlawful exploitation of a minor, or distribution of child pornography, may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: (A) if the offense is a first felony conviction and does not involve the circumstances described in (B) or (C) of this paragraph, two to 12 years; (B) if the offense is a first felony conviction under AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this paragraph, four to 12 years; (C) if the offense is a first felony conviction under AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create a mechanism for multi-party sharing or distribution of child pornography, or received a financial benefit or had a financial interest in a child pornography sharing or distribution mechanism, six to 14 years; (D) if the offense is a second felony conviction and does not involve circumstances described in (E) of this paragraph, eight to 15 years; (E) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 12 to 20 years; (F) if the offense is a third felony conviction and does not involve circumstances described in (G) of this paragraph, 15 to 25 2022-05-18 Senate Journal Page 2957 years; (G) if the offense is a third felony conviction and the defendant has two prior convictions for sexual felonies, 99 years." Page 1, line 3: Delete "Section 1" Insert "Sec. 10" Page 2, following line 3: Insert new bill sections to read: "* Sec. 11. 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). * Sec. 12. 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. 13. AS 26.05.900(e)(8) is repealed. * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 11.41.410, as amended by sec. 1 of this Act, AS 11.41.420(a), as amended by sec. 2 of this Act, AS 11.41.425(a), as amended by sec. 3 of this Act, AS 11.41.445(c), enacted by sec. 4 of this Act, AS 11.41.470(10), as repealed and reenacted by sec. 5 of this Act, AS 11.41.530(a), as amended by sec. 6 of this Act, AS 11.61.118(a), as amended by sec. 7 of this Act, AS 12.55.035(b), as amended by sec. 8 of this Act, AS 12.55.125(i), as amended by sec. 2022-05-18 Senate Journal Page 2958 9 of this Act, AS 26.05.900(e), as amended by sec. 11 of this Act, and the repeal of AS 26.05.900(e)(8) by sec. 13 of this Act, apply to offenses committed on or after the effective date of secs. 1 - 9, 11, and 13 of this Act. * Sec. 15. Section 12 of this Act takes effect July 1, 2023. * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect January 1, 2023." Senator Hughes moved for the adoption of Amendment No. 4. Objections were heard. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HB 325 am S Second Reading Amendment No. 4? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Olson, Reinbold, Revak, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, Amendment No. 4 was adopted. HOUSE BILL NO. 325 am S(efd add S) was automatically in third reading. Senators Begich, Wielechowski, Olson, Revak, Costello, Reinbold, Bishop, von Imhof, Stevens, Hoffman, Micciche moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: 2022-05-18 Senate Journal Page 2959 HB 325 am S(efd add S) Third Reading - Final Passage Effective Date(s) Court Rule(s) YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Olson, Reinbold, Revak, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, HOUSE BILL NO. 325 am S(efd add S) passed the Senate. Senator Hughes moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the effective date clause(s). Without objection, it was so ordered. Senator Hughes moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the court rule change(s). Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.