Legislature(2023 - 2024)
2024-05-15 Senate Journal
Full Journal pdf2024-05-15 Senate Journal Page 2763 HB 66 SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S "An Act relating to criminal law and procedure; relating to homicide resulting from conduct involving controlled substances; establishing the crime of assault in the presence of a child; relating to the crime of stalking; relating to human trafficking; relating to prostitution; relating to sex trafficking; changing the term 'child pornography' to 'child sexual abuse material'; relating to misconduct involving a controlled substance; relating to sentencing; relating to competency to stand trial; relating to the duty to register as a sex offender; amending the definition of 'sex offense'; relating to multidisciplinary child protection teams; relating to involuntary civil commitments; relating to victims' rights during certain civil commitment proceedings; relating to the duties of the Department of Corrections; amending Rules 4 and 5, Alaska Rules of Civil Procedure; amending Rule 6(s), Alaska Rules of Criminal Procedure; and providing for an effective date" which had been before the Senate with Amendment No. 7 pending (page 2675) was before the Senate. Amendment No. 7 by Senator Hughes, which was published in Senate Journal Supplement No. 9, was before the Senate. Senator Hughes moved and asked unanimous consent to withdraw Amendment No. 7. Without objection, Amendment No. 7 was withdrawn. 2024-05-15 Senate Journal Page 2764 Senator Bjorkman offered Amendment No. 8 : Page 1, line 9: Delete "Rule 6(s)" Insert "Rules 6(s) and 6.1(h)" Page 39, following line 26: Insert a new bill section to read: "* Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to read: DIRECT COURT RULE AMENDMENT. Rule 6.1(h), Alaska Rules of Criminal Procedure, is amended to read: (h) Release of Report. (1) The court shall withhold publication of the report until the expiration of the time for making a motion for a hearing under paragraph (g). If such a motion is made, publication must be withheld pending a ruling on the motion or pending any review under paragraph (i). All proceedings under this rule are confidential until the judge orders the report released. (2) If the judge finds that the standards of paragraphs (f) and (g) are met, the judge shall order the report released within 60 days after receiving the report. The judge may order that a response to the report by a person named or otherwise identified, or other additional materials, be attached to the report as an appendix. The report and any appendices will be filed with the clerk of the court and made available for public inspection. The court shall also direct that copies of the report and any appendices be sent to other persons as reasonably requested by the grand jury. (3) The court may withhold publication of the report for more than 60 days, not to exceed a total of 180 days after receiving the report [A REASONABLE TIME], if the court determines that withholding the publication of the report is necessary to preserve the investigative and prosecutorial function relating to the alleged criminal conduct." Renumber the following bill sections accordingly. 2024-05-15 Senate Journal Page 2765 Page 41, following line 31: Insert a new bill section to read: "* Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to read: TRANSITION. The court system shall release all reports created by a grand jury on or after January 1, 2023, and before the effective date of sec. 50 of this Act, within 60 days after the effective date of sec. 50 of this Act." Renumber the following bill sections accordingly. Page 42, line 4: Delete "takes effect only if sec. 49 of this Act receives" Insert "and Rule 6.1(h), Alaska Rules of Criminal Procedure, as amended by sec. 50 of this Act, take effect only if secs. 49 and 50 of this Act receive" Page 42, line 7: Delete "sec. 54" Insert "sec. 56" Senator Bjorkman moved for the adoption of Amendment No. 8. Senator Claman objected. Senator Hughes moved for the adoption of the following amendment to Amendment No. 8: Page 1, line 18, following "within": Delete "60" Insert "180" Page 2, line 3, following "a total of": Delete "180" Insert "365" Senator Claman objected. The question being: "Shall the amendment to Amendment No. 8 be adopted?" The roll was taken with the following result: 2024-05-15 Senate Journal Page 2766 SCS CSHB 66(FIN) am S Second Reading Amendment to Amendment No. 8? YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Bjorkman, Hughes, Kaufman, Myers, Shower, Wilson Nays: Bishop, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski and so, the amendment to Amendment No. 8 failed. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Second Reading Amendment No. 8? YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Bjorkman, Hughes, Kaufman, Myers, Shower, Wilson Nays: Bishop, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski and so, Amendment No. 8 failed. Amendment No. 9 was not offered at this time. Senator Claman offered Amendment No. 10 : Page 1, line 3, following "stalking;": Insert "relating to human trafficking; relating to prostitution; relating to sex trafficking;" Page 2, line 12: Delete "sec. 49" Insert "sec. 57" 2024-05-15 Senate Journal Page 2767 Page 2, following line 18: Insert a new bill section to read: "* Sec. 2. AS 04.06.110 is amended to read: Sec. 04.06.110. Peace officer powers. The director and the persons employed for the administration and enforcement of this title may, with the concurrence of the commissioner of public safety, exercise the powers of peace officers when those powers are specifically granted by the board. Powers granted by the board under this section may be exercised only when necessary for the enforcement of the criminally punishable provisions of this title, regulations of the board, and other criminally punishable laws and regulations, including investigation of violations of laws against prostitution and sex trafficking described in AS 11.66.100 - 11.66.137 [AS 11.66.100 - 11.66.135] and laws against gambling, promoting gambling, and related offenses described in AS 11.66.200 - 11.66.280. Unless authorized by a search warrant described in AS 12.35, nothing in this section authorizes the use of metal keys, magnetic card keys, or identification cards to access private clubs." Renumber the following bill sections accordingly. Page 5, following line 28: Insert a new bill section to read: "* Sec. 9. AS 11.41.365(a) is amended to read: (a) A person commits the crime of human trafficking in the second degree if, under circumstances not proscribed under AS 11.66.100 - 11.66.150, the person intentionally induces or causes another person to engage in adult entertainment or labor by (1) exposing or threatening to expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule; (2) destroying, concealing, or threatening to destroy or conceal an actual or purported passport or immigration document or another actual or purported identification document of any person; (3) threatening to report a person to a government agency for the purpose of arrest or deportation; (4) threatening to collect a debt; 2024-05-15 Senate Journal Page 2768 (5) instilling in a person a fear that lodging, food, clothing, or medication will be withheld from any person; (6) providing a controlled substance to or withholding a controlled substance from the other person; or (7) engaging in deception [OBTAINS A BENEFIT FROM THE COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE TRAFFICKING]." Renumber the following bill sections accordingly. Page 7, following line 28: Insert new bill sections to read: "* Sec. 15. AS 11.66.100(d) is amended to read: (d) Prostitution [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, PROSTITUTION] is a class B misdemeanor. * Sec. 16. AS 11.66.120(a) is amended to read: (a) A person commits the crime of sex trafficking in the second degree if the person (1) manages, supervises, controls, or owns, either alone or in association with others, a prostitution enterprise other than a place of prostitution; (2) procures or solicits a patron for a prostitute; [OR] (3) offers, sells, advertises, promotes, or facilitates travel that includes a commercial sexual act [CONDUCT] as enticement for the travel; or (4) under circumstances not proscribed under AS 11.66.110, induces or causes another person to engage in a commercial sexual act [IN THIS PARAGRAPH, "COMMERCIAL SEXUAL CONDUCT" MEANS SEXUAL CONDUCT FOR WHICH ANYTHING OF VALUE IS GIVEN OR RECEIVED BY ANY PERSON]. * Sec. 17. AS 11.66.120 is amended by adding a new subsection to read: (c) For purposes of this section, inducing or causing another person to engage in a commercial sexual act includes the following: (1) exposing or threatening to expose confidential information or a secret, whether true or false, that would subject a person to hatred, contempt, or ridicule; 2024-05-15 Senate Journal Page 2769 (2) destroying, concealing, or threatening to destroy or conceal an actual or purported passport or immigration document or another actual or purported identification document of any person; (3) threatening to report a person to a government agency for the purpose of arrest or deportation; (4) threatening to collect a debt; (5) instilling in a person a fear that lodging, food, clothing, or medication will be withheld from any person; (6) providing a controlled substance to or withholding a controlled substance from the other person; or (7) engaging in deception. * Sec. 18. AS 11.66 is amended by adding a new section to read: Sec. 11.66.137. Patron of a victim of sex trafficking. (a) A person commits the crime of patron of a victim of sex trafficking if the person solicits a commercial sexual act (1) with reckless disregard that the person engaging in the sexual act is a victim of sex trafficking; or (2) from a person who is under 18 years of age. (b) In a prosecution under (a)(2) of this section, it is an affirmative defense that, at the time of the alleged offense, the defendant (1) reasonably believed the person to be 18 years of age or older; and (2) undertook reasonable measures to verify that the person was 18 years of age or older. (c) Patron of a victim of sex trafficking is a (1) class B felony if the person violates (a)(2) of this section; (2) class C felony if the person violates (a)(1) of this section. * Sec. 19. AS 11.66.145 is amended to read: Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or received or derived from, a violation of AS 11.66.110 - 11.66.137 [AS 11.66.100(e) OR 11.66.110 - 11.66.135] may be forfeited at sentencing." Renumber the following bill sections accordingly. 2024-05-15 Senate Journal Page 2770 Page 10, following line 4: Insert a new bill section to read: "* Sec. 23. AS 11.81.900(b) is amended by adding new paragraphs to read: (69) "commercial sexual act" means a sexual act for which anything of value is given or received by any person; (70) "sexual act" means sexual penetration or sexual contact." Renumber the following bill sections accordingly. Page 16, line 2, following "AS 11.61.125(e)(2),": Insert "patron of a victim of sex trafficking under AS 11.66.137," Page 16, line 21, following "AS 11.61.125(e)(1),": Insert "patron of a victim of sex trafficking under AS 11.66.137," Page 16, line 23: Delete "or" Insert "[OR]" Page 16, line 24, following "material" Insert ", or patron of a victim of sex trafficking under AS 11.66.137" Page 18, line 26, following "minor,": Insert "patron of a victim of sex trafficking," Page 23, line 21, following "under": Insert "former" Page 24, following line 7: Insert a new sub-subparagraph to read: "(xvi) AS 11.66.137;" Renumber the following sub-subparagraphs accordingly. 2024-05-15 Senate Journal Page 2771 Page 26, line 12: Delete "felony prostitution under AS 11.66.100(e);" Insert "patron of a victim of sex trafficking under AS 11.66.137 [FELONY PROSTITUTION UNDER AS 11.66.100(e)]" Page 39, line 27: Delete "AS 12.40.110 is" Insert "AS 11.66.100(b), 11.66.100(e), and AS 12.40.110 are" Page 41, line 5: Delete "sec. 2" Insert "sec. 3" Page 41, line 6: Delete "sec. 3" Insert "sec. 4" Delete "sec. 4" Insert "sec. 5" Page 41, line 7: Delete "sec. 5" Insert "sec. 6" Delete "sec. 6" Insert "sec. 7" Page 41, line 8: Delete "sec. 7" Insert "sec. 8" Page 41, line 8, following the second occurrence of "Act,": Insert "AS 11.41.365(a), as amended by sec. 9 of this Act, AS 11.66.100(d), as amended by sec. 15 of this Act, AS 11.66.120(a), as amended by sec. 16 of this Act, AS 11.66.120(c), enacted by sec. 17 of this Act, AS 11.66.137, enacted by sec. 18 of this Act, AS 11.66.145, as amended by sec. 19 of this Act," Page 41, lines 8 - 9: Delete "sec. 13" Insert "sec. 20" 2024-05-15 Senate Journal Page 2772 Page 41, line 9: Delete "sec. 14" Insert "sec. 21" Page 41, line 10: Delete "sec. 15" Insert "sec. 22" Following the first occurrence of "Act," Insert "AS 11.81.900(b)(69) and (70), enacted by sec. 23 of this Act," Delete "sec. 21" Insert "sec. 29" Page 41, line 11: Delete "sec. 23" Insert "sec. 31" Page 41, lines 11 - 12: Delete "sec. 32" Insert "sec. 40" Page 41, lines 12 - 13: Delete "secs. 2 - 7, 13 - 15, 21, 23, and 32" Insert "secs. 3 - 9, 15 - 23, 29, 31, and 40" Page 41, line 15: Delete "sec. 26" Insert "sec. 34" Delete "sec. 27" Insert "sec. 35" Page 41, line 16: Delete "sec. 28" Insert "sec. 36" Page 41, line 18: Delete "secs. 26 - 28" Insert "secs. 34 - 36" 2024-05-15 Senate Journal Page 2773 Page 41, line 19: Delete "sec. 29" Insert "sec. 37" Page 41, line 20: Delete "sec. 29" Insert "sec. 37" Page 41, line 22: Delete "sec. 29" Insert "sec. 37" Page 41, line 23: Delete "sec. 29" Insert "sec. 37" Page 41, line 25: Delete "sec. 29" Insert "sec. 37" Page 41, line 27: Delete "sec. 30" Insert "sec. 38" Page 41, line 28: Delete "sec. 30" Insert "sec. 38" Page 41, line 29: Delete "sec. 49" Insert "sec. 57" Page 41, line 30: Delete "sec. 49" Insert "sec. 57" Page 41, line 31: Delete "sec. 49" Insert "sec. 57" 2024-05-15 Senate Journal Page 2774 Page 42, line 4: Delete "sec. 49" in both places Insert "sec. 57" in both places Page 42, line 6: Delete "Section 48" Insert "Section 56" Page 42, line 7: Delete "sec. 54" Insert "sec. 62" Senator Claman moved for the adoption of Amendment No. 10. Senator Myers objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Second Reading Amendment No. 10? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Hughes, Kaufman, Kawasaki, Kiehl, Merrick, Myers, Olson, Shower, Stedman, Stevens, Tobin, Wielechowski, Wilson and so, Amendment No. 10 was adopted. Senator Hughes offered Amendment No. 9 : Page 1, line 3, following "stalking;": Insert "relating to sex trafficking; establishing the crime of patron of a victim of sex trafficking; relating to human trafficking; relating to the crime of prostitution;" Page 1, line 5, following "sentencing;": Insert "relating to victim confidentiality; establishing the process for vacating judgments for certain convictions of prostitution;" 2024-05-15 Senate Journal Page 2775 Page 1, line 7, following "teams;": Insert "relating to licensing of school bus drivers; relating to permanent fund dividends for certain individuals whose convictions are vacated;" Page 2, line 12: Delete "sec. 49" Insert "sec. 95" Page 2, following line 18: Insert new bill sections to read: "* Sec. 2. AS 04.06.110 is amended to read: Sec. 04.06.110. Peace officer powers. The director and the persons employed for the administration and enforcement of this title may, with the concurrence of the commissioner of public safety, exercise the powers of peace officers when those powers are specifically granted by the board. Powers granted by the board under this section may be exercised only when necessary for the enforcement of the criminally punishable provisions of this title, regulations of the board, and other criminally punishable laws and regulations, including investigation of violations of laws against [PROSTITUTION AND] sex trafficking described in AS 11.41.340 - 11.41.357, laws against prostitution described in AS 11.66.101 - 11.66.106, [AS 11.66.100 - 11.66.135] and laws against gambling, promoting gambling, and related offenses described in AS 11.66.200 - 11.66.280. Unless authorized by a search warrant described in AS 12.35, nothing in this section authorizes the use of metal keys, magnetic card keys, or identification cards to access private clubs. * Sec. 3. AS 09.25.400 is amended to read: Sec. 09.25.400. Privilege relating to domestic violence, sex trafficking, and sexual assault counseling. Confidential communications between a victim of domestic violence, sex trafficking, or sexual assault and a victim counselor are privileged under AS 18.66.200 - 18.66.250. * Sec. 4. AS 11.31.120(h)(2) is amended to read: (2) "serious felony offense" means an offense (A) against the person under AS 11.41, punishable as an unclassified or class A felony; (B) involving controlled substances under AS 11.71, 2024-05-15 Senate Journal Page 2776 punishable as an unclassified, class A, or class B felony; (C) that is criminal mischief in the first degree under AS 11.46.475; (D) that is terroristic threatening in the first degree under AS 11.56.807; (E) that is human trafficking in the first degree under AS 11.41.360; (F) that is sex trafficking in the first degree under AS 11.41.340 [AS 11.66.110]; or (G) that is arson in the first degree under AS 11.46.400 or arson in the second degree under AS 11.46.410." Renumber the following bill sections accordingly. Page 5, following line 28: Insert new bill sections to read: "* Sec. 11. AS 11.41 is amended by adding new sections to read: Sec. 11.41.340. Sex trafficking in the first degree. (a) A person commits the crime of sex trafficking in the first degree if the person (1) as other than a patron of a victim of sex trafficking, induces or causes another person to engage in a commercial sexual act through the use of force or threat of force against any person; or (2) violates AS 11.41.345 and the person induced or caused to engage in the commercial sexual act is (A) under 21 years of age; or (B) in that person's legal custody. (b) Sex trafficking in the first degree is an unclassified felony. Sec. 11.41.345. Sex trafficking in the second degree. (a) A person commits the crime of sex trafficking in the second degree if, as other than a patron of a victim of sex trafficking under AS 11.41.355 or a patron of a prostitute under AS 11.66.104 or 11.66.106, the person intentionally induces or causes another person to engage in a commercial sexual act. (b) Sex trafficking in the second degree is a class A felony. Sec. 11.41.350. Sex trafficking in the third degree. (a) A person commits the crime of sex trafficking in the third degree if, 2024-05-15 Senate Journal Page 2777 as other than a patron of a victim of sex trafficking, the person provides services, resources, or other assistance in furtherance of a violation of AS 11.41.340 or 11.41.345. (b) Sex trafficking in the third degree is a (1) class B felony if the value of the services, resources, or other assistance provided is $200 or more; or (2) class C felony if the value of the services, resources, or other assistance provided is less than $200. Sec. 11.41.355. Patron of a victim of sex trafficking. (a) A person commits the crime of patron of a victim of sex trafficking if the person solicits a commercial sexual act (1) with reckless disregard that the person engaging in the sexual act is a victim of sex trafficking; or (2) from a person who is under 18 years of age. (b) In a prosecution under (a)(2) of this section, it is an affirmative defense that, at the time of the alleged offense, the defendant (1) reasonably believed the person to be 18 years of age or older; and (2) undertook reasonable measures to verify that the person was 18 years of age or older. (c) Patron of a victim of sex trafficking is a (1) class B felony if the person violates (a)(2) of this section; (2) class C felony if the person violates (a)(1) of this section. Sec. 11.41.357. Inducing or causing a person to engage in a commercial sexual act. For purposes of AS 11.41.340 - 11.41.355, a person induces or causes another person to engage in a commercial sexual act including by (1) exposing or threatening to expose confidential information or a secret, whether true or false, that would subject a person to hatred, contempt, or ridicule; (2) destroying, concealing, or threatening to destroy or conceal an actual or purported passport or immigration document or another actual or purported identification document of any person; (3) threatening to report a person to a government agency for the purpose of arrest or deportation; (4) threatening to collect a debt; 2024-05-15 Senate Journal Page 2778 (5) instilling in a person a fear that lodging, food, clothing, or medication will be withheld from any person; (6) providing a controlled substance to or withholding a controlled substance from the other person; or (7) engaging in deception. * Sec. 12. AS 11.41.360(a) is amended to read: (a) A person commits the crime of human trafficking in the first degree if, under circumstances not proscribed under AS 11.41.340 - 11.41.357, the person (1) [COMPELS OR] induces or causes another person to engage in [SEXUAL CONDUCT,] adult entertainment [,] or labor [IN THE STATE] by force or threat of force against any person; or (2) violates AS 11.41.365 and the victim is under 21 years of age [, OR BY DECEPTION]. * Sec. 13. AS 11.41.360(c) is amended to read: (c) Human trafficking in the first degree is an unclassified [A CLASS A] felony. * Sec. 14. AS 11.41.365 is amended to read: Sec. 11.41.365. Human trafficking in the second degree. (a) A person commits the crime of human trafficking in the second degree if, under circumstances not proscribed under AS 11.41.340 - 11.41.357, and with the intent to promote human trafficking, the person induces or causes another person to engage in adult entertainment or labor by (1) exposing or threatening to expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule; (2) destroying, concealing, or threatening to destroy or conceal an actual or purported passport or immigration document or another actual or purported identification document of any person; (3) threatening to report a person to a government agency for the purpose of arrest or deportation; (4) threatening to collect a debt; (5) instilling in a person a fear that lodging, food, clothing, or medication will be withheld from any person; (6) providing a controlled substance to or withholding a controlled substance from the other person; or (7) engaging in deception [OBTAINS A BENEFIT 2024-05-15 Senate Journal Page 2779 FROM THE COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE TRAFFICKING]. (b) Human trafficking in the second degree is a class A [B] felony. * Sec. 15. AS 11.41 is amended by adding new sections to read: Sec. 11.41.366. Human trafficking in the third degree. (a) A person commits the crime of human trafficking in the third degree if the person provides services, resources, or other assistance with the intent to promote a violation of AS 11.41.360 or 11.41.365. (b) Human trafficking in the third degree is a (1) class B felony if the value of the services, resources, or other assistance provided is $200 or more; (2) class C felony if the value of the services, resources, or other assistance provided is less than $200. Sec. 11.41.367. Applicability of AS 11.41.360 - 11.41.366. AS 11.41.360 - 11.41.366 do not apply to acts that may reasonably be construed to be a normal caretaker request of a child or a normal interaction with a child. Sec. 11.41.369. Forfeiture. (a) Property used to institute, aid, or facilitate, or received or derived from, a violation of AS 11.41.340 - 11.41.366, including real property, may be forfeited at sentencing. (b) The legislature may appropriate funds received from the sale of property forfeited under (a) of this section for an offense under AS 11.41.340 - 11.41.357 to programs that provide resources to victims of sex trafficking. * Sec. 16. AS 11.41.530(a) is amended to read: (a) A person commits the crime of coercion if, under circumstances not proscribed under AS 11.41.340 - 11.41.366 or 11.41.410 - 11.41.427 [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 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; 2024-05-15 Senate Journal Page 2780 (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." Renumber the following bill sections accordingly. Page 6, line 20, through page 7, line 28: Delete all material and insert: "* Sec. 21. AS 11.66 is amended by adding new sections to read: Sec. 11.66.101. Prostitution in the first degree. (a) A person commits the crime of prostitution in the first degree if the person manages, supervises, controls, or owns, either alone or in association with others, a prostitution enterprise or a place of prostitution. (b) Prostitution in the first degree is a class B felony. Sec. 11.66.102. Prostitution in the second degree. (a) A person commits the crime of prostitution in the second degree if the person engages in or agrees or offers to engage in sexual conduct in exchange for a fee. (b) A person may not be prosecuted under this section if the (1) person witnessed or was a victim of, and reported to law enforcement in good faith, one or more of the following crimes: (A) murder in the first degree under AS 11.41.100; (B) murder in the second degree under AS 11.41.110; (C) manslaughter under AS 11.41.120; (D) criminally negligent homicide under AS 11.41.130; (E) assault in the first degree under AS 11.41.200; (F) assault in the second degree under AS 11.41.210; 2024-05-15 Senate Journal Page 2781 (G) assault in the third degree under AS 11.41.220; (H) assault in the fourth degree under AS 11.41.230; (I) sex trafficking in the first degree under AS 11.41.340; (J) sex trafficking in the second degree under AS 11.41.345; (K) sex trafficking in the third degree under AS 11.41.350; (L) patron of a victim of sex trafficking under AS 11.41.355; (M) sexual assault in the first degree under AS 11.41.410; (N) sexual assault in the second degree under AS 11.41.420; (O) sexual assault in the third degree under AS 11.41.425; (P) sexual assault in the fourth degree under AS 11.41.427; (Q) sexual abuse of a minor in the first degree under AS 11.41.434; (R) sexual abuse of a minor in the second degree under AS 11.41.436; (S) sexual abuse of a minor in the third degree under AS 11.41.438; (T) sexual abuse of a minor in the fourth degree under AS 11.41.440; (U) robbery in the first degree under AS 11.41.500; (V) robbery in the second degree under AS 11.41.510; (W) extortion under AS 11.41.520; (X) coercion under AS 11.41.530; (Y) distribution of generated obscene child sexual abuse material under AS 11.61.121; (Z) possession of generated obscene child sexual abuse material under AS 11.61.122; (AA) distribution of child sexual abuse material under AS 11.61.125; or (BB) possession of child sexual abuse material under AS 11.61.127; (2) evidence supporting the prosecution under (a) of this 2024-05-15 Senate Journal Page 2782 section was obtained or discovered as a result of the person reporting the crime to law enforcement; and (3) person cooperated with law enforcement personnel. (c) Prostitution in the second degree is a class B misdemeanor. Sec. 11.66.104. Patron of a prostitute in the first degree. (a) A person commits the crime of patron of a prostitute in the first degree if the person violates AS 11.66.106 and, within the preceding five years, the person has been previously convicted on two or more separate occasions in this or another jurisdiction of an offense under AS 11.66.106 or an offense under another law or ordinance in this or another jurisdiction with similar elements. (b) Patron of a prostitute in the first degree is a class C felony. Sec. 11.66.106. Patron of a prostitute in the second degree. (a) A person commits the crime of patron of a prostitute in the second degree if the person offers a fee in exchange for sexual conduct. (b) Patron of a prostitute in the second degree is a class A misdemeanor. * Sec. 22. AS 11.66.145 is amended to read: Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or received or derived from, a violation of AS 11.66.101 - 11.66.106 [AS 11.66.100(e) OR 11.66.110 - 11.66.135] may be forfeited at sentencing. * Sec. 23. AS 11.66.150 is amended to read: Sec. 11.66.150. Definitions. In AS 11.66.101 - 11.66.150 [AS 11.66.100 - 11.66.150], unless the context requires otherwise, (1) "compensation" does not include any payment for reasonably apportioned shared expenses; (2) "place of prostitution" means any place where a person, other than a proprietor of the place, engages in sexual conduct in return for a fee; (3) "prostitution enterprise" means an arrangement in which two or more persons are organized to render sexual conduct in return for a fee; (4) "sexual conduct" means genital or anal intercourse, cunnilingus, fellatio, or masturbation of one person by another person. 2024-05-15 Senate Journal Page 2783 * Sec. 24. AS 11.66.150 is amended by adding a new paragraph to read: (5) "fee" does not include payment for reasonably apportioned shared expenses of a residence." Renumber the following bill sections accordingly. Page 10, following line 4: Insert new bill sections to read: "* Sec. 28. AS 11.81.250(a) is amended to read: (a) For purposes of sentencing under AS 12.55, all offenses defined in this title, except murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, human trafficking in the first degree, sexual assault in the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, sex trafficking in the first degree [UNDER AS 11.66.110(a)(2)], and kidnapping, are classified on the basis of their seriousness, according to the type of injury characteristically caused or risked by commission of the offense and the culpability of the offender. Except for murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, human trafficking in the first degree, sexual assault in the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, sex trafficking in the first degree [UNDER AS 11.66.110(a)(2)], and kidnapping, the offenses in this title are classified into the following categories: (1) class A felonies, which characteristically involve conduct resulting in serious physical injury or a substantial risk of serious physical injury to a person; (2) class B felonies, which characteristically involve conduct resulting in less severe violence against a person than class A felonies, aggravated offenses against property interests, or aggravated offenses against public administration or order; (3) class C felonies, which characteristically involve conduct serious enough to deserve felony classification but not 2024-05-15 Senate Journal Page 2784 serious enough to be classified as A or B felonies; (4) class A misdemeanors, which characteristically involve less severe violence against a person, less serious offenses against property interests, less serious offenses against public administration or order, or less serious offenses against public health and decency than felonies; (5) class B misdemeanors, which characteristically involve a minor risk of physical injury to a person, minor offenses against property interests, minor offenses against public administration or order, or minor offenses against public health and decency; (6) violations, which characteristically involve conduct inappropriate to an orderly society but which do not denote criminality in their commission. * Sec. 29. AS 11.81.250(b) is amended to read: (b) The classification of each felony defined in this title, except murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, human trafficking in the first degree, sexual assault in the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, sex trafficking in the first degree [UNDER AS 11.66.110(a)(2)], and kidnapping, is designated in the section defining it. A felony under the law of this state defined outside this title for which no penalty is specifically provided is a class C felony. * Sec. 30. AS 11.81.900(b) is amended by adding new paragraphs to read: (69) "adult entertainment" means an activity in which one or more individuals are employed, contracted, or permitted to, wholly or in part, entertain others by (A) removing clothes or other items that clothe or hide the person's body; (B) dancing or in any other manner exhibiting the individual's body in a completely or almost completely unclothed state; (C) participating in a simulated illegal, indecent, or lewd exhibition, act, or practice, including simulated (i) sexual penetration; 2024-05-15 Senate Journal Page 2785 (ii) the lewd exhibition or touching of a person's genitals, anus, or breast; or (iii) bestiality; (70) "commercial sexual act" means a sexual act for which anything of value is given or received by any person; (71) "services, resources, or other assistance" includes financial support, business services, lodging, transportation, providing false identification documents or other documentation, equipment, facilities, or any other service or property, regardless of whether a person is compensated; (72) "sexual act" means sexual penetration or sexual contact; (73) "victim of sex trafficking" means a person who has been induced or caused to engage in a commercial sexual act under AS 11.41.340 - 11.41.350." Renumber the following bill sections accordingly. Page 10, line 5: Delete "AS 12.10.010(a)" Insert "AS 12.10.010" Page 10, line 6: Delete "(a)" Insert "Sec. 12.10.010. General time limitations. (a)" Page 10, line 14: Delete "AS 11.66.110 - 11.66.130," Insert "[AS 11.66.110 - 11.66.130,]" Page 10, lines 19 - 21: Delete "AS 11.66.110 - 11.66.130 that is an unclassified, class A, or class B felony or that is committed against a person who, at the time of the offense, was under 20 years of age" Insert "AS 11.41.340 or 11.41.345 [AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR CLASS B FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT THE TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE]" 2024-05-15 Senate Journal Page 2786 Page 10, following line 22: Insert new material to read: "(b) Except as otherwise provided by law or in (a) of this section, a person may not be prosecuted, tried, or punished for an offense unless the indictment is found or the information or complaint is instituted not later than (1) 10 years after the commission of a felony offense in violation of AS 11.41.120 - 11.41.330, 11.41.350, 11.41.366, 11.41.425(a)(1), 11.41.425(a)(5), 11.41.425(a)(6), or 11.41.450 - 11.41.458; or (2) five years after the commission of any other offense. * Sec. 32. AS 12.37.010 is amended to read: Sec. 12.37.010. Authorization to intercept communications. The attorney general, or a person designated in writing or by law to act for the attorney general, may authorize, in writing, an ex parte application to a court of competent jurisdiction for an order authorizing the interception of a private communication if the interception may provide evidence of, or may assist in the apprehension of persons who have committed, are committing, or are planning to commit, the following offenses: (1) murder in the first or second degree under AS 11.41.100 - 11.41.110; (2) kidnapping under AS 11.41.300; (3) a class A or unclassified felony drug offense under AS 11.71; (4) sex trafficking in the first or second degree under AS 11.41.340 or 11.41.345 [AS 11.66.110 AND 11.66.120]; or (5) human trafficking [IN THE FIRST DEGREE] under AS 11.41.360 or 11.41.365. * Sec. 33. AS 12.45.049 is amended to read: Sec. 12.45.049. Privilege relating to domestic violence, sex trafficking, and sexual assault counseling. Confidential communications between a victim of domestic violence, sex trafficking, or sexual assault and a victim counselor are privileged under AS 18.66.200 - 18.66.250." Renumber the following bill sections accordingly. Page 13, following line 7: Insert new bill sections to read: 2024-05-15 Senate Journal Page 2787 "* Sec. 38. AS 12.55.015 is amended by adding a new subsection to read: (m) In addition to the penalties authorized by this section, if a defendant holds a business license and is convicted of an offense under AS 11.41.340 - 11.41.366, and the defendant used the business in furtherance of the offense, the court shall revoke the defendant's business license. * Sec. 39. 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, human trafficking in the first degree, 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; (6) $2,000 for a class B misdemeanor; (7) $500 for a violation. * Sec. 40. AS 12.55.078(f) is amended to read: (f) The court may not suspend the imposition or entry of judgment and may not defer prosecution under this section of a person who (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, AS 11.46.400, AS 11.61.125 - 11.61.128, AS 11.66.101, or 11.66.102 [OR AS 11.66.110 - 11.66.135]; (2) uses a firearm in the commission of the offense for which the person is charged; (3) has previously been granted a suspension of judgment under this section or a similar statute in another jurisdiction, unless the court enters written findings that by clear and convincing evidence the person's prospects for rehabilitation are 2024-05-15 Senate Journal Page 2788 high and suspending judgment under this section adequately protects the victim of the offense, if any, and the community; (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if (A) the charges were dismissed under this section; (B) the conviction has been set aside under AS 12.55.085; or (C) the charge or conviction was dismissed or set aside under an equivalent provision of the laws of another jurisdiction; or (5) is charged with a crime involving domestic violence, as defined in AS 18.66.990. * Sec. 41. AS 12.55.085(f) is amended to read: (f) The court may not suspend the imposition of sentence of a person who (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, AS 11.46.400, AS 11.61.125 - 11.61.128, AS 11.66.101, or 11.66.102 [OR AS 11.66.110 - 11.66.135]; (2) uses a firearm in the commission of the offense for which the person is convicted; or (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if that conviction has been set aside under (e) of this section or under the equivalent provision of the laws of another jurisdiction. * Sec. 42. AS 12.55.125(b) is amended to read: (b) A defendant convicted of attempted murder in the first 2024-05-15 Senate Journal Page 2789 degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, kidnapping, human trafficking in the first degree, or misconduct involving a controlled substance in the first degree shall be sentenced to a definite term of imprisonment of at least five years but not more than 99 years. A defendant convicted of murder in the second degree or murder of an unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at least 15 years but not more than 99 years. A defendant convicted of murder in the second degree shall be sentenced to a definite term of imprisonment of at least 20 years but not more than 99 years when the defendant is convicted of the murder of a child under 16 years of age and the court finds by clear and convincing evidence that the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal guardian, or a person occupying a position of authority in relation to the child; or (2) caused the death of the child by committing a crime against a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of authority" have the meanings given in AS 11.41.470." Renumber the following bill sections accordingly. Page 14, lines 13 - 14: Delete "under AS 11.66.110(a)(2)" Insert "[UNDER AS 11.66.110(a)(2)]" Page 15, line 4, following "AS 11.41.410(a)(1)(B),": Insert "sex trafficking in the second degree," Page 15, line 8, following the first occurrence of "degree,": Insert "unlawful exploitation of a minor under AS 11.41.455(c)(2)," Page 15, lines 8 - 9: Delete "under AS 11.66.110(a)(2)" Insert "[UNDER AS 11.66.110(a)(2)]" Page 15, line 30, following "(3)": Insert "sex trafficking in the third degree under AS 11.41.350(b)(1), patron of a victim of sex trafficking under AS 11.41.355(c)(1)," 2024-05-15 Senate Journal Page 2790 Page 16, line 1, following "AS 11.41.458(b)(2),": Insert "indecent viewing or production of a picture under AS 11.61.123(g)(1)," Page 16, line 3, following "AS 11.41.410(a)(1)(B)": Insert ", sex trafficking in the second degree, unlawful exploitation of a minor under AS 11.41.455(c)(1), or enticement of a minor under AS 11.41.452(e)" Page 16, line 16, following "(4)": Insert "sex trafficking in the third degree under AS 11.41.350(b)(2), patron of a victim of sex trafficking under AS 11.41.355(c)(2)," Page 16, line 22, following "commit": Insert "sex trafficking in the third degree under AS 11.41.350(b)(1), patron of a victim of sex trafficking under AS 11.41.355(c)(1)," Page 16, line 23: Delete "unlawful exploitation of a minor" Insert "indecent viewing or production of a picture under AS 11.61.123(g)(1) [UNLAWFUL EXPLOITATION OF A MINOR]" Page 16, line 24, following "material": Insert "under AS 11.61.125(e)(2)" Page 18, following line 21: Insert new bill sections to read: "* Sec. 47. AS 12.55.135 is amended by adding a new subsection to read: (q) A defendant convicted under AS 11.66.104 shall be sentenced to a minimum term of imprisonment of 72 hours if the defendant has been previously convicted once in the previous five years in this or another jurisdiction of an offense under AS 11.66.104 or an offense under another law or ordinance with similar elements. * Sec. 48. AS 12.55.185(10) is amended to read: (10) "most serious felony" means (A) arson in the first degree, [SEX TRAFFICKING 2024-05-15 Senate Journal Page 2791 IN THE FIRST DEGREE UNDER AS 11.66.110(a)(2),] enticement of a minor under AS 11.41.452(e), or any unclassified or class A felony prescribed under AS 11.41; or (B) an attempt, or conspiracy to commit, or criminal solicitation under AS 11.31.110 of, an unclassified felony prescribed under AS 11.41;" Renumber the following bill sections accordingly. Page 19, following line 1: Insert new bill sections to read: "* Sec. 50. AS 12.61.125(a) is amended to read: (a) The defendant accused of a sex [SEXUAL] offense, the defendant's counsel, or an investigator or other person acting on behalf of the defendant, may not (1) notwithstanding AS 12.61.120, contact the victim of the offense or a witness to the offense if the victim or witness, or the parent or guardian of the victim or witness if the victim or witness is a minor, has informed the defendant or the defendant's counsel in writing or in person that the victim or witness does not wish to be contacted by the defense; a victim or witness who has not informed the defendant or the defendant's counsel in writing or in person that the victim does not wish to be contacted by the defense is entitled to rights as provided in AS 12.61.120; (2) obtain a statement from the victim of the offense or a witness to the offense, unless, (A) if the statement is taken as a recording, the recording is taken in compliance with AS 12.61.120, and written authorization is first obtained from the victim or witness, or from the parent or guardian of the victim or witness if the victim or witness is a minor; the written authorization must state that the victim or witness is aware that there is no legal requirement that the victim or witness talk to the defense; or (B) if the statement is not taken as a recording, written authorization is first obtained from the victim or witness, or from the parent or guardian of the victim or witness if the victim or witness is a minor; the written authorization must state that the victim or witness is aware that there is no legal requirement that the victim or witness 2024-05-15 Senate Journal Page 2792 talk to the defense; a victim or witness making a statement under this subparagraph remains entitled to rights as provided in AS 12.61.120. * Sec. 51. AS 12.61.125(d) is amended by adding a new paragraph to read: (3) "sex offense" has the meaning given in AS 12.63.100 and includes a crime, or an attempt, solicitation, or conspiracy to commit a crime under AS 11.41.440(a)(1). * Sec. 52. AS 12.61.140 is amended to read: Sec. 12.61.140. Disclosure of victim's name. (a) The portion of the records of a court or law enforcement agency that contains the name of the victim of an offense under AS 11.41.300(a)(1)(C) or a victim of a sex offense [11.41.410 - 11.41.460] (1) shall be withheld from public inspection, except with the consent of the court in which the case is or would be prosecuted; and (2) is not a public record under AS 40.25.110 - 40.25.125. (b) In all written court records open to public inspection, the name of the victim of an offense under AS 11.41.300(a)(1)(C) or a victim of a sex offense [11.41.410 - 11.41.460] may not appear. Instead, the victim's initials shall be used. However, a sealed record containing the victim's name shall be kept by the court in order to ensure that a defendant is not charged twice for the same offense. * Sec. 53. AS 12.61.140 is amended by adding a new subsection to read: (c) In this section, "sex offense" has the meaning given in AS 12.63.100 and includes a crime, or an attempt, solicitation, or conspiracy to commit a crime, under AS 11.41.440(a)(1). * Sec. 54. AS 12.62.900(23) is amended to read: (23) "serious offense" means a conviction for a violation or for an attempt, solicitation, or conspiracy to commit a violation of any of the following laws, or of the laws of another jurisdiction with substantially similar elements: (A) a felony offense; (B) a crime involving domestic violence; (C) AS 11.41.410 - 11.41.470; (D) AS 11.51.130 or 11.51.200 - 11.56.210; (E) AS 11.61.110(a)(7) or 11.61.125; 2024-05-15 Senate Journal Page 2793 (F) AS 11.66.101 [AS 11.66.100 - 11.66.130]; (G) former AS 11.15.120, former 11.15.134, or assault with the intent to commit rape under former AS 11.15.160; or (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 11.40.420, if committed before January 1, 1980." Renumber the following bill sections accordingly. Page 23, line 12: Delete "[AS 11.66.110,] 11.66.130(a)(2)(B)" Insert "former AS 11.66.110, former AS 11.66.130(a)(2)(B)" Page 23, lines 20 - 22: Delete "AS 11.66.100(a)(2) if the offender is subject to punishment under AS 11.66.100(e); (x)" Insert "[AS 11.66.100(a)(2) IF THE OFFENDER IS SUBJECT TO PUNISHMENT UNDER AS 11.66.100(e); (x)]" Page 23, line 24: Delete "(xi)" Insert "(x) [(xi)]" Page 23, line 28: Delete "(xii)" Insert "(xi) [(xii)]" Page 23, line 30: Delete "(xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)]" Insert "(xii) AS 26.05.900(a) [(xiii) AS 26.05.900(a)(1) - (4)]" Page 24, line 1: Delete "(xiv)" Insert "(xiii) [(xiv)]" Page 24, line 5: Delete "(xv)" Insert "(xiv) [(xv)]" 2024-05-15 Senate Journal Page 2794 Page 24, following line 7: Insert a new sub-subparagraph to read: "(xv) AS 11.41.340, 11.41.345, or 11.41.355; or" Page 24, line 8: Delete "or" Page 24, line 9: Delete all material. Page 24, line 18: Delete "20" Insert "21 [20]" Page 24, following line 20: Insert a new bill section to read: "* Sec. 60. AS 12.72 is amended by adding new sections to read: Sec. 12.72.100. Vacation of judgment of conviction for prostitution. A person may petition the court to vacate the judgment if, at the time of the offense, the person was or would have been a victim of sex trafficking as defined in AS 11.81.900(b) and was convicted or adjudicated delinquent for prostitution under former AS 11.66.100 or under AS 11.66.106 or a similar municipal ordinance. Sec. 12.72.105. Filing of petition for vacation of judgment. (a) A person seeking a vacation of judgment under this chapter shall file a petition with the clerk at the court location where the underlying criminal case was filed and serve a copy on the prosecuting authority responsible for obtaining the conviction. (b) If the prosecuting authority does not file a response within 45 days after service of the petition, the court may grant the vacation of judgment without further proceedings. Sec. 12.72.110. Limitations on petition for vacation of judgment. (a) A person may file a petition under this chapter only after a judgment has been entered on the person's case or, if the conviction was appealed, after the court's decision on the case is final under the Alaska Rules of Appellate Procedure. (b) An action for a petition for vacation of judgment under AS 12.72.100 does not give rise to the right to a trial by jury. 2024-05-15 Senate Journal Page 2795 Sec. 12.72.115. Presumption and burden of proof in vacation of judgment proceedings. (a) The person petitioning the court for a vacation of judgment of conviction or adjudication of delinquency for prostitution under former AS 11.66.100 or under AS 11.66.106 or a similar municipal ordinance must prove all factual assertions by a preponderance of the evidence. (b) There is a rebuttable presumption that a person who was under 21 years of age at the time of an offense under AS 11.66.106 was or would have been a victim of sex trafficking. Sec. 12.72.120. Vacation of judgment. (a) If the court grants the petition for a vacation of judgment, (1) the judgment of conviction or adjudication of delinquency for prostitution under former AS 11.66.100 or under AS 11.66.106 or a similar municipal ordinance shall be vacated; (2) the Alaska Court System may not publish on a publicly available Internet website the court records of the conviction for prostitution under former AS 11.66.100 or under AS 11.66.106 or a similar municipal ordinance if the person was not convicted of a felony charge in that case; and (3) the Department of Public Safety may not release information related to the conviction for prostitution under former AS 11.66.100 or under AS 11.66.106 or a similar municipal ordinance in response to a request under AS 12.62.160(b)(6), (8), or (9). (b) The Alaska Court System shall remove a person's court records from a publicly available Internet website under (a)(2) of this section within 30 days after the court grants a petition for vacation of judgment." Renumber the following bill sections accordingly. Page 25, following line 5: Insert new bill sections to read: "* Sec. 62. AS 18.66.210 is amended to read: Sec. 18.66.210. Exceptions. The privilege provided under AS 18.66.200 does not apply to (1) reports of suspected child abuse or neglect under AS 47.17; (2) evidence that the victim is about to commit a crime; (3) a proceeding that occurs after the victim's death; 2024-05-15 Senate Journal Page 2796 (4) a communication relevant to an issue of breach by the victim or victim counselor of a duty arising out of the victim- victim counselor relationship; (5) a communication that is determined to be admissible hearsay as an excited utterance under the Alaska Rules of Evidence; (6) a child-in-need-of-aid proceeding under AS 47.10; (7) a communication made during the victim-victim counselor relationship if the services of the counselor were sought, obtained, or used to enable anyone to commit or plan a crime or to escape detection or apprehension after the commission of a crime; or (8) a criminal proceeding concerning criminal charges against a victim of domestic violence, sex trafficking, or sexual assault in which [WHERE] the victim is charged with a crime (A) under AS 11.41 against a minor; or (B) in which the physical, mental, or emotional condition of the victim is raised in defense of the victim. * Sec. 63. AS 18.66.250(1) is amended to read: (1) "confidential communication" means information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and that is disclosed in the course of victim counseling resulting from sex trafficking, a sexual assault, or domestic violence; * Sec. 64. AS 18.66.250(3) is amended to read: (3) "victim" means a person who consults a victim counselor for assistance in overcoming adverse effects of a sexual assault, sex trafficking, or domestic violence; * Sec. 65. AS 18.66.250(4) is amended to read: (4) "victim counseling" means support, assistance, advice, or treatment to alleviate the adverse effects of sex trafficking, a sexual assault, or domestic violence on the victim; * Sec. 66. AS 18.66.250(5) is amended to read: (5) "victim counseling center" means a private organization, an organization operated by or contracted by a branch of the armed forces of the United States, or a local government agency that (A) has, as one of its primary purposes, the provision of direct services to victims for trauma resulting from [A] 2024-05-15 Senate Journal Page 2797 sexual assault, sex trafficking, or domestic violence; (B) is not affiliated with a law enforcement agency or a prosecutor's office; and (C) is not on contract with the state to provide services under AS 47; * Sec. 67. AS 18.66.250(6) is amended to read: (6) "victim counselor" means an employee or supervised volunteer of a victim counseling center that provides counseling to victims (A) who has undergone a minimum of 40 hours of training in sex trafficking, domestic violence, or sexual assault, crisis intervention, victim support, treatment, and related areas; or (B) whose duties include victim counseling. * Sec. 68. AS 18.66.990(2) is amended to read: (2) "crisis intervention and prevention program" means a community program that provides information, education, counseling, and referral services to individuals experiencing personal crisis related to domestic violence, sex trafficking, or sexual assault and to individuals in personal or professional transition, excluding correctional half-way houses, outpatient mental health programs, and drug or alcohol rehabilitation programs;" Renumber the following bill sections accordingly. Page 25, following line 26: Insert new bill sections to read: "* Sec. 70. AS 18.67.080(a) is amended to read: (a) In a case in which a person is injured or killed by an incident specified in AS 18.67.101(1), [OR] by the act of any other person that is within the description of offenses listed in AS 18.67.101(2), or as a result of the person's involvement in a commercial sexual act as described in AS 18.67.101(3), the board may order the payment of compensation in accordance with the provisions of this chapter: (1) to or for the benefit of the injured person; (2) in the case of personal injury or death of the victim, to a person responsible or who had been responsible for the maintenance of the victim who has suffered pecuniary loss or 2024-05-15 Senate Journal Page 2798 incurred expenses as a result of the injury or death; (3) in the case of death of the victim, to or for the benefit of one or more of the dependents of the victim; or (4) to the provider of a service under AS 18.67.110(b). * Sec. 71. AS 18.67.101 is amended to read: Sec. 18.67.101. Incidents and offenses to which this chapter applies. The board may order the payment of compensation in accordance with the provisions of this chapter for personal injury or death that resulted from (1) an attempt on the part of the applicant to prevent the commission of crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police officer to do so, or aiding a victim of crime; [OR] (2) the commission or attempt on the part of one other than the applicant to commit any of the following offenses: (A) murder in any degree; (B) manslaughter; (C) criminally negligent homicide; (D) assault in any degree; (E) kidnapping; (F) sexual assault in any degree; (G) sexual abuse of a minor; (H) robbery in any degree; (I) threats to do bodily harm; (J) driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or another crime resulting from the operation of a motor vehicle, boat, or airplane when the offender is under the influence of an alcoholic beverage, inhalant, or controlled substance; (K) arson in the first degree; (L) [SEX TRAFFICKING IN VIOLATION OF AS 11.66.110 OR 11.66.130(a)(2)(B); (M)] human trafficking in any degree; or (M) [(N)] unlawful exploitation of a minor; or (3) the applicant's having been induced or caused to engage in a commercial sexual act under AS 11.41.340 - 11.41.350. * Sec. 72. AS 18.85.100(c) is amended to read: (c) An indigent person is entitled to representation under (a) and (b) of this section for purposes of bringing a timely 2024-05-15 Senate Journal Page 2799 application for post-conviction relief or petition for vacation of judgment under AS 12.72. An indigent person is not entitled to representation under (a) and (b) of this section for purposes of bringing (1) an untimely or successive application for post- conviction relief or petition for vacation of judgment under AS 12.72 or an untimely or successive motion for reduction or modification of sentence; (2) a petition for review or certiorari from an appellate court ruling on an application for post-conviction relief; or (3) an action or claim for habeas corpus in federal court attacking a state conviction." Renumber the following bill sections accordingly. Page 26, line 12: Delete "AS 11.66.100(e)" Insert "AS 11.66.101 or 11.66.102 [AS 11.66.100(e)]" Page 26, line 14: Delete "AS 11.66.110 - 11.66.130" Insert "AS 11.41.340 - 11.41.350 [AS 11.66.110 - 11.66.130]" Page 26, following line 17: Insert "(K) patron of a victim of sex trafficking under AS 11.41.355;" Page 26, line 25: Delete "AS 11.66.100(a)(2)" Insert "AS 11.66.104 or 11.66.106 [AS 11.66.100(a)(2)]" Page 26, following line 27: Insert new bill sections to read: "* Sec. 74. AS 34.03.360(10) is amended to read: (10) "illegal activity involving a place of prostitution" means a violation of AS 11.66.101(a) [AS 11.66.120(a)(1) OR 11.66.130(a)(2)(A) OR (D)]; * Sec. 75. AS 34.03.360(17) is amended to read: (17) "prostitution" means an act in violation of AS 11.66.101 - 11.66.106 [AS 11.66.100]; 2024-05-15 Senate Journal Page 2800 * Sec. 76. AS 43.23.005 is amended by adding a new subsection to read: (i) The provisions of (d) of this section do not apply if an individual's conviction was vacated during the qualifying year under AS 12.72. If an individual becomes eligible under this subsection, the individual is eligible to receive a permanent fund dividend only for the qualifying year in which the conviction was vacated and each subsequent qualifying year for which the individual is otherwise eligible under this section. * Sec. 77. AS 44.23.080(a) is amended to read: (a) If there is reasonable cause to believe that an Internet service account has been used in connection with a violation of AS 11.41.340 - 11.41.350, 11.41.452 [AS 11.41.452], 11.41.455, or AS 11.61.125 - 11.61.128, and that the identity, address, and other information about the account owner will assist in obtaining evidence that is relevant to the offense, a law enforcement officer may apply to the attorney general or the attorney general's designee for an administrative subpoena to obtain the business records of the Internet service provider located inside or outside of the state. * Sec. 78. AS 47.10.990(33) is amended to read: (33) "sexual abuse" means the conduct described in AS 11.41.410 - 11.41.460, [;] conduct constituting "sexual exploitation" as defined in AS 47.17.290, and conduct prohibited by AS 11.41.340 - 11.41.357 [AS 11.66.100 - 11.66.150];" Renumber the following bill sections accordingly. Page 27, lines 18 - 19: Delete "in the first degree under AS 11.66.110" Insert "[IN THE FIRST DEGREE] under AS 11.41.340 or 11.41.345 [AS 11.66.110]" Page 28, line 8: Delete "in the first degree" Insert "under AS 11.41.340 or 11.41.345 [IN THE FIRST DEGREE]" Page 29, following line 2: Insert a new bill section to read: 2024-05-15 Senate Journal Page 2801 "* Sec. 82. AS 47.17.290(18) is amended to read: (18) "sexual exploitation" includes (A) allowing, permitting, or encouraging a child to engage in a commercial sexual act prohibited by AS 11.41.340 - 11.41.357 or prostitution prohibited by AS 11.66.101 [AS 11.66.100 - 11.66.150], by a person responsible for the child's welfare; (B) allowing, permitting, encouraging, or engaging in activity prohibited by AS 11.41.455(a), by a person responsible for the child's welfare." Renumber the following bill sections accordingly. Page 39, line 27: Delete all material and insert: "* Sec. 96. AS 11.41.360(b), 11.41.470(7); AS 11.56.765(c)(3), 11.56.767(c)(3); AS 11.66.100, 11.66.110, 11.66.120, 11.66.130, 11.66.135, 11.66.140, 11.66.150(1); AS 12.40.110; and AS 12.61.125(d)(2) are repealed." Page 41, lines 5 - 13: Delete all material and insert: "APPLICABILITY. (a) The following sections apply to offenses committed on or after the effective date of those sections: (1) AS 11.31.120(h)(2), as amended by sec. 4 of this Act; (2) AS 11.41.110, as amended by sec. 5 of this Act; (3) AS 11.41.110(c), enacted by sec. 6 of this Act; (4) AS 11.41.120(a), as amended by sec. 7 of this Act; (5) AS 11.41.140, as amended by sec. 8 of this Act; (6) AS 11.41.240, enacted by sec. 9 of this Act; (7) AS 11.41.260(a), as amended by sec. 10 of this Act; (8) AS 11.41.340 - 11.41.357, enacted by sec. 11 of this Act; (9) AS 11.41.360(a), as amended by sec. 12 of this Act; (10) AS 11.41.360(c), as amended by sec. 13 of this Act; (11) AS 11.41.365, as amended by sec. 14 of this Act; (12) AS 11.41.366 - 11.41.369, enacted by sec. 15 of this Act; (13) AS 11.41.530(a), as amended by sec. 16 of this Act; (14) AS 11.66.101 - 11.66.106, enacted by sec. 21 of this Act; 2024-05-15 Senate Journal Page 2802 (15) AS 11.66.145, as amended by sec. 22 of this Act; (16) AS 11.66.150, as amended by sec. 23 of this Act; (17) AS 11.66.150(5), enacted by sec. 24 of this Act; (18) AS 11.71.010(a), as amended by sec. 25 of this Act; (19) AS 11.71.010(b), as amended by sec. 26 of this Act; (20) AS 11.71.021(a), as amended by sec. 27 of this Act; (21) AS 11.81.250(a), as amended by sec. 28 of this Act; (22) AS 11.81.250(b), as amended by sec. 29 of this Act; (23) AS 11.81.900(b)(69) - (73), enacted by sec. 30 of this Act; (24) AS 12.10.010, as amended by sec. 31 of this Act; (25) AS 12.37.010, as amended by sec. 32 of this Act; and (26) AS 18.66.990(3), as amended by sec. 69 of this Act. (b) The following sections apply to sentences imposed on or after the effective date of those sections for conduct occurring on or after the effective date of those sections: (1) AS 12.55.015(m), enacted by sec. 38 of this Act; (2) AS 12.55.035(b), as amended by sec. 39 of this Act; (3) AS 12.55.078(f), as amended by sec. 40 of this Act; (4) AS 12.55.085(f), as amended by sec. 41 of this Act; (5) AS 12.55.125(b), as amended by sec. 42 of this Act; (6) AS 12.55.125(c), as amended by sec. 43 of this Act; (7) AS 12.55.125(i), as amended by sec. 44 of this Act; (8) AS 12.55.127(c), as amended by sec. 45 of this Act; (9) AS 12.55.135(q), enacted by sec. 47 of this Act; (10) AS 12.55.185(10), as amended by sec. 48 of this Act; (11) AS 12.55.185(16), as amended by sec. 49 of this Act; (12) AS 12.62.900(23), as amended by sec. 54 of this Act. Reletter the following subsections accordingly. Page 41, line 15: Delete "sec. 26" Insert "sec. 55" Delete "sec. 27" Insert "sec. 56" Page 41, line 16: Delete "sec. 28" Insert "sec. 57" 2024-05-15 Senate Journal Page 2803 Page 41, line 18: Delete "secs. 26 - 28" Insert "secs. 55 - 57" Page 41, line 19: Delete "sec. 29" Insert "sec. 58" Page 41, line 20: Delete "sec. 29" Insert "sec. 58" Page 41, line 22: Delete "sec. 29" Insert "sec. 58" Page 41, line 23: Delete "sec. 29" Insert "sec. 58" Page 41, line 25: Delete "sec. 29" Insert "sec. 58" Page 41, line 27: Delete "sec. 30" Insert "sec. 59" Page 41, line 28: Delete "sec. 30" Insert "sec. 59" Page 41, following line 28: Insert new subsections to read: "(g) AS 12.72.100 - 12.72.120, enacted by sec. 60 of this Act, and AS 18.85.100(c), as amended by sec. 72 of this Act, apply to petitions filed on or after the effective date of secs. 60 and 72 of this Act for conduct occurring before, on, or after the effective date of secs. 60 and 72 of this Act. 2024-05-15 Senate Journal Page 2804 (h) The following sections apply to communications made on or after the effective date of those sections relating to offenses occurring on or after the effective date of those sections: (1) AS 09.25.400, as amended by sec. 3 of this Act; (2) AS 12.45.049, as amended by sec. 33 of this Act; (3) AS 12.61.125(d)(3), enacted by sec. 51 of this Act; (4) AS 12.61.140, as amended by sec. 52 of this Act; (5) AS 12.61.140(c), enacted by sec. 53 of this Act; (6) AS 18.66.210, as amended by sec. 62 of this Act; (7) AS 18.66.250(1), as amended by sec. 63 of this Act; (8) AS 18.66.250(3), as amended by sec. 64 of this Act; (9) AS 18.66.250(4), as amended by sec. 65 of this Act; (10) AS 18.66.250(5), as amended by sec. 66 of this Act; (11) AS 18.66.250(6), as amended by sec. 67 of this Act." Reletter the following subsection accordingly. Page 41, line 29: Delete "sec. 49" Insert "sec. 95" Page 41, line 30: Delete "sec. 49" Insert "sec. 95" Page 41, line 31: Delete "sec. 49" Insert "sec. 95" Page 42, line 4: Delete "sec. 49" in both places Insert "sec. 95" in both places Page 42, line 6: Delete "Section 48" Insert "Section 94" Page 42, line 7: Delete "sec. 54" Insert "sec. 100" 2024-05-15 Senate Journal Page 2805 Senator Hughes moved for the adoption of Amendment No. 9. Objections were heard. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Second Reading Amendment No. 9? YEAS: 3 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Hughes, Myers, Shower Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson and so, Amendment No. 9 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S was automatically in third reading. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S "An Act relating to criminal law and procedure; relating to homicide resulting from conduct involving controlled substances; establishing the crime of assault in the presence of a child; relating to the crime of stalking; relating to human trafficking; relating to prostitution; relating to sex trafficking; changing the term 'child pornography' to 'child sexual abuse material'; relating to misconduct involving a controlled substance; relating to sentencing; relating to competency to stand trial; relating to the duty to register as a sex offender; amending the definition of 'sex offense'; relating to multidisciplinary child protection teams; relating to involuntary civil commitments; relating to victims' rights during certain civil commitment proceedings; relating to the duties of the Department of Corrections; amending Rules 4 and 5, Alaska Rules of Civil Procedure; amending Rule 6(s), Alaska Rules of Criminal Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Third Reading - Final Passage Court Rule(s) Effective Date(s) 2024-05-15 Senate Journal Page 2806 YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Hughes, Kaufman, Kawasaki, Kiehl, Merrick, Myers, Olson, Shower, Stedman, Stevens, Wielechowski, Wilson Nays: Tobin and so, SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S passed the Senate. Senator Giessel 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. Senator Giessel 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 and the bill was referred to the Secretary for engrossment.