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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled SB 22                                                                                                          
01 Relating to the commencement of actions for felony sex trafficking and felony human                                     
02 trafficking; relating to the crime of sexual assault; relating to the crime of unlawful contact;                        
03 relating to forfeiture for certain crimes involving prostitution; relating to the time in which to                      
04 commence certain prosecutions; relating to release in a prosecution for stalking or a crime                             
05 involving domestic violence or for violation of a condition of release in connection with a                             
06 crime involving domestic violence; relating to interception of private communications for                               
07 certain sex trafficking or human trafficking offenses; relating to use of evidence of sexual                            
08 conduct concerning victims of certain crimes; relating to consideration at sentencing of the                            
09 effect of a crime on the victim; relating to the time to make an application for credit for time                        
10 served in a treatment program or while in other custody; relating to suspending imposition of                           
11 sentence for sex trafficking; relating to consecutive sentences for convictions of certain                              
01 crimes involving child pornography or indecent materials to minors; relating to the referral of                         
02 sexual felonies to a three-judge panel; relating to the definition of "sexual felony" for                               
03 sentencing and probation for conviction of certain crimes; relating to the definition of "sex                           
04 offense" regarding sex offender registration; relating to the definition of "victim counseling                          
05 centers" for disclosure of certain communications concerning sexual assault or domestic                                 
06 violence; relating to violent crimes compensation; relating to certain information in retention                         
07 election of judges concerning sentencing of persons convicted of felonies; relating to the                              
08 rights of certain victims of sexual assault to obtain legal and equitable remedies for injuries                         
09 arising from the conduct of a perpetrator; relating to the definition of "sexual assault" for the                       
10 purpose of adoption and the termination of parental rights in certain proceedings; relating to                          
11 remission of sentences for certain sexual felony offenders; relating to forms for sexual assault,                       
12 stalking, and domestic violence protective orders; relating to the subpoena power of the                                
13 attorney general in cases involving the use of an Internet service account; relating to                                 
14 reasonable efforts in child-in-need-of-aid cases involving sexual abuse or sex offender                                 
15 registration; relating to mandatory reporting by athletic coaches of child abuse or neglect;                            
16 making conforming amendments; amending Rules 16, 32.1(b)(1), and 32.2(a), Alaska Rules                                  
17 of Criminal Procedure, and Rules 404(a) and (b), Alaska Rules of Evidence; and providing for                            
18 an effective date.                                                                                                      
19                           _______________                                                                               
20    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
21 to read:                                                                                                                
22       LEGISLATIVE FINDINGS AND INTENT FOR SECS. 22 AND 23 OF THIS ACT.                                                  
23 (a) The legislature reaffirms the findings made by the Senate letter of intent for ch. 14, SLA                          
24 2006, as published in the 2006 Senate Journal dated February 16, 2006, on pages 2207 - 2214.                            
25       (b)  The legislature finds that                                                                                   
01            (1)  in 2006, the legislature did not intend, by enacting ch. 14, SLA 2006, and                              
02 the legislature does not now intend to create new or additional means for a defendant                                   
03 convicted of a sexual felony and sentenced under AS 12.55.125(i) to obtain referral to a three-                         
04 judge panel;                                                                                                            
05            (2)  the legislature did not, in 2006, intend nor does the legislature now intend                            
06 for a court to create new or additional means for a defendant convicted of a sexual felony and                          
07 sentenced under AS 12.55.125(i) to obtain referral to a three-judge panel.                                              
08       (c)  It is the intent of the legislature in AS 12.55.165, as amended by sec. 22 of this                           
09 Act, and AS 12.55.175, as amended by sec. 23 of this Act, to overturn the majority decision in                          
10 Collins v. State, 287 P.3d 791 (Alaska App. 2012), and to endorse the dissenting opinion in                             
11 the same case.                                                                                                          
12    * Sec. 2. AS 09.10.065(a) is amended to read:                                                                      
13            (a)  A person may bring an action at any time for conduct that would have, at                                
14       the time the conduct occurred, violated provisions of any of the following offenses:                              
15                 (1)  felony sexual abuse of a minor;                                                                    
16                 (2)  felony sexual assault; [OR]                                                                        
17                 (3)  unlawful exploitation of a minor;                                                              
18                 (4)  felony sex trafficking; or                                                                     
19                 (5)  felony human trafficking.                                                                      
20    * Sec. 3. AS 11.41.425(a) is amended to read:                                                                      
21            (a)  An offender commits the crime of sexual assault in the third degree if the                              
22       offender                                                                                                          
23                 (1)  engages in sexual contact with a person who the offender knows is                                  
24                      (A)  mentally incapable;                                                                           
25                      (B)  incapacitated; or                                                                             
26                      (C)  unaware that a sexual act is being committed;                                                 
27                 (2)  while employed in a state correctional facility or other placement                                 
28       designated by the commissioner of corrections for the custody and care of prisoners,                              
29       engages in sexual penetration with a person who the offender knows is committed to                                
30       the custody of the Department of Corrections to serve a term of imprisonment or                                   
31       period of temporary commitment;                                                                                   
01                 (3)  engages in sexual penetration with a person 18 or 19 years of age                                  
02       who the offender knows is committed to the custody of the Department of Health and                                
03       Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of                              
04       the person; [OR]                                                                                                  
05                 (4)  while employed in the state by a law enforcement agency as a                                       
06       peace officer, or while acting as a peace officer in the state, engages in sexual                                 
07       penetration with a person with reckless disregard that the person is in the custody or                            
08       the apparent custody of the offender, or is committed to the custody of a law                                     
09       enforcement agency;                                                                                           
10                 (5)  while employed by the state or a municipality of the state as a                                
11       probation officer or parole officer, or while acting as a probation officer or                                
12       parole officer in the state, engages in sexual penetration with a person with                                 
13       reckless disregard that the person is on probation or parole; or                                              
14                 (6)  while employed as a juvenile probation officer or as a juvenile                                
15       facility staff, engages in sexual penetration with a person 18 or 19 years of age                             
16       with reckless disregard that the person is committed to the custody or                                        
17       probationary supervision of the Department of Health and Social Services.                                     
18    * Sec. 4. AS 11.41.425(b) is repealed and reenacted to read:                                                       
19            (b)  In this section,                                                                                        
20                 (1)  "juvenile facility staff" means a person employed in a juvenile                                    
21       detention or treatment facility;                                                                                  
22                 (2)  "juvenile probation officer" means a person assigned to supervise                                  
23       another person 18 or 19 years of age who is committed to the probationary supervision                             
24       of the Department of Health and Social Services;                                                                  
25                 (3)  "parole officer" has the meaning given in AS 18.65.290;                                            
26                 (4)  "peace officer" has the meaning given in AS 01.10.060;                                             
27                 (5)  "probation officer" includes a                                                                     
28                      (A)  probation officer as defined in AS 18.65.290; or                                              
29                      (B)  person who supervises a participant in a specialty court,                                     
30            including a therapeutic or wellness court addressing alcohol or drug use, a                                  
31            court addressing the needs of veterans, an adult or juvenile mental health court,                            
01            a fetal alcohol spectrum disorder court, or a family care or preservation court.                           
02    * Sec. 5. AS 11.41.427(a) is amended to read:                                                                      
03            (a)  An offender commits the crime of sexual assault in the fourth degree if                                 
04                 (1)  while employed in a state correctional facility or other placement                                 
05       designated by the commissioner of corrections for the custody and care of prisoners,                              
06       the offender engages in sexual contact with a person who the offender knows is                                    
07       committed to the custody of the Department of Corrections to serve a term of                                      
08       imprisonment or period of temporary commitment;                                                                   
09                 (2)  the offender engages in sexual contact with a person 18 or 19 years                                
10       of age who the offender knows is committed to the custody of the Department of                                    
11       Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal                               
12       guardian of the person; [OR]                                                                                      
13                 (3)  while employed in the state by a law enforcement agency as a                                       
14       peace officer, or while acting as a peace officer in the state, the offender engages in                           
15       sexual contact with a person with reckless disregard that the person is in the custody or                         
16       the apparent custody of the offender, or is committed to the custody of a law                                     
17       enforcement agency;                                                                                           
18                 (4)  while employed by the state or a municipality of the state as a                                
19       probation officer or parole officer, or while acting as a probation officer or                                
20       parole officer in the state, the offender engages in sexual contact with a person                             
21       with reckless disregard that the person is on probation or parole; or                                         
22                 (5)  while employed as a juvenile probation officer or as a juvenile                                
23       facility staff, the offender engages in sexual contact with a person 18 or 19 years                           
24       of age with reckless disregard that the person is committed to the custody or                                 
25       probationary supervision of the Department of Health and Social Services.                                     
26    * Sec. 6. AS 11.41.427(b) is repealed and reenacted to read:                                                       
27            (b)  In this section,                                                                                        
28                 (1)  "juvenile facility staff" has the meaning given in AS 11.41.425;                                   
29                 (2)  "juvenile probation officer" has the meaning given in                                              
30       AS 11.41.425;                                                                                                     
31                 (3)  "parole officer" has the meaning given in AS 18.65.290;                                            
01                 (4)  "peace officer" has the meaning given in AS 01.10.060;                                             
02                 (5)  "probation officer" has the meaning given in AS 11.41.425.                                         
03    * Sec. 7. AS 11.41.432(a) is amended to read:                                                                      
04            (a)  It is a defense to a crime charged under AS 11.41.410(a)(3),                                            
05       11.41.420(a)(2), 11.41.420(a)(3), [OR] 11.41.425, or 11.41.427 that the offender is                           
06                 (1)  mentally incapable; or                                                                             
07                 (2)  married to the person and neither party has filed with the court for a                             
08       separation, divorce, or dissolution of the marriage.                                                              
09    * Sec. 8. AS 11.41.432 is amended by adding a new subsection to read:                                              
10            (c)  It is an affirmative defense to a crime charged under AS 11.41.425(a)(5) or                             
11       11.41.427(a)(4) that the offender and the person on probation or parole had, before the                           
12       person was placed on probation or parole, a dating relationship or a sexual                                       
13       relationship, and the relationship continued until the date of the alleged offense.                               
14    * Sec. 9. AS 11.56.750(a) is amended to read:                                                                      
15            (a)  A person commits the crime of unlawful contact in the first degree if the                               
16       person                                                                                                            
17                 (1)  has been ordered                                                                                 
18                      (A)  by the court not to contact a victim or witness of the                                    
19            offense                                                                                                      
20                           (i)  as [(A)] part of a sentence imposed under                                            
21                 AS 12.55.015;                                                                                           
22                           (ii)  as [OR (B)] a condition of [(i)] release under                                      
23                 AS 12.30 or [; (ii)] probation under AS 12.55.101; or                                               
24                           (iii)  while under official detention; or                                                 
25                      (B)  as a condition of parole not to contact a victim or                                       
26            witness of the offense under AS 33.16.150 [PAROLE UNDER                                                  
27            AS 33.16.150]; and                                                                                           
28                 (2)  either directly or indirectly, knowingly contacts or attempts to                                   
29       contact the victim or witness in violation of the order.                                                          
30    * Sec. 10. AS 11.66.145 is amended to read:                                                                        
31            Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or                             
01       received or derived from, a violation of AS 11.66.100(c) or 11.66.110 - 11.66.135                                 
02       may [SHALL] be forfeited at sentencing.                                                                   
03    * Sec. 11. AS 12.10.010 is amended to read:                                                                        
04            Sec. 12.10.010. General time limitations. (a) Prosecution for the following                                
05       offenses may be commenced at any time:                                                                            
06                 (1)  murder;                                                                                            
07                 (2)  attempt, solicitation, or conspiracy to commit murder or hindering                                 
08       the prosecution of murder;                                                                                        
09                 (3)  felony sexual abuse of a minor;                                                                    
10                 (4)  sexual assault that is an unclassified, class A, or class B felony or a                            
11       violation of AS 11.41.425(a)(2) - (4);                                                                            
12                 (5)  a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458,                                     
13       AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person                                 
14       who, at the time of the offense, was under 18 years of age;                                                       
15                 (6)  kidnapping;                                                                                    
16                 (7)  distribution of child pornography in violation of AS 11.61.125;                                
17                 (8)  sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an                            
18       unclassified, class A, or class B felony or that is committed against a person who,                           
19       at the time of the offense, was under 20 years of age;                                                        
20                 (9)  human trafficking in violation of AS 11.41.360 or 11.41.365.                                   
21            (b)  Except as otherwise provided by law or in (a) of this section, a person may                             
22       not be prosecuted, tried, or punished for an offense unless the indictment is found or                            
23       the information or complaint is instituted not later than                                                         
24                 (1)  10 years after the commission of a felony offense in violation of                                  
25       AS 11.41.120 - 11.41.330 [AS 11.41.120 - 11.41.370], 11.41.425(a)(1),                                         
26       11.41.425(a)(5), 11.41.425(a)(6), or 11.41.450 - 11.41.458; or                                                
27                 (2)  five years after the commission of any other offense.                                              
28    * Sec. 12. AS 12.30.016(e) is amended to read:                                                                     
29            (e)  In a prosecution charging the crime of stalking that is not a crime involving                           
30       domestic violence, a judicial officer may order the person to                                                     
31                 (1)  follow the provisions of any protective order to which the person is                               
01       respondent;                                                                                                       
02                 (2)  refrain from contacting, in any manner, including by telephone or                              
03       electronic communication, the victim;                                                                             
04                 (3)  engage in counseling; if available in the community, the judicial                                  
05       officer shall require that counseling ordered include counseling about alternatives to                            
06       aggressive behavior;                                                                                          
07                 (4)  participate in a monitoring program with a global positioning                                  
08       device or similar technological means that meets guidelines for a monitoring                                  
09       program adopted by the Department of Corrections in consultation with the                                     
10       Department of Public Safety.                                                                                  
11    * Sec. 13. AS 12.30.027(a) is amended to read:                                                                     
12            (a)  Before ordering release before or after trial, or pending appeal, of a person                           
13       charged with or convicted of a crime involving domestic violence, the judicial officer                            
14       shall consider the safety of the victim or other household member. To protect the                                 
15       victim, household member, other persons, and the community and to reasonably                                      
16       ensure [ASSURE] the person's appearance, the judicial officer                                                 
17                 (1)  shall impose conditions required under AS 12.30.011;                                       
18                 (2)  [, AND] may impose any of the conditions authorized under                                      
19       AS 12.30.011;                                                                                                 
20                 (3)  may impose [,] any of the provisions of AS 18.66.100(c)(1) - (7)                               
21       and (11);                                                                                                     
22                 (4)  may order the person to participate in a monitoring program                                    
23       with a global positioning device or similar technological means that meets                                    
24       guidelines for a monitoring program adopted by the Department of Corrections                                  
25       in consultation with the Department of Public Safety; [,] and                                                 
26                 (5)  may impose any other condition necessary to protect the victim,                                
27       household member, other persons, and the community, and to ensure the appearance                                  
28       of the person in court, including ordering the person to refrain from the consumption                             
29       of alcohol.                                                                                                       
30    * Sec. 14. AS 12.30.027(e) is amended to read:                                                                     
31            (e)  A person arrested for a crime involving domestic violence or for violation                          
01       of a condition of release in connection with a crime involving domestic violence                              
02       may not be released from custody until the person has appeared in person before a                                 
03       judicial officer or telephonically for arraignment.                                                               
04    * Sec. 15. AS 12.37.010 is amended to read:                                                                        
05            Sec. 12.37.010. Authorization to intercept communications. The attorney                                    
06       general, or a person designated in writing or by law to act for the attorney general,                             
07       may authorize, in writing, an ex parte application to a court of competent jurisdiction                           
08       for an order authorizing the interception of a private communication if the interception                          
09       may provide evidence of, or may assist in the apprehension of persons who have                                    
10       committed, are committing, or are planning to commit, the following offenses:                                     
11                 (1)  murder in the first or second degree under AS 11.41.100 -                                          
12       11.41.110;                                                                                                        
13                 (2)  kidnapping under AS 11.41.300; [OR]                                                                
14                 (3)  a class A or unclassified felony drug offense under AS 11.71;                                  
15                 (4)  sex trafficking in the first or second degree under AS 11.66.110                               
16       and 11.66.120; or                                                                                             
17                 (5)  human trafficking in the first degree under AS 11.41.360.                                      
18    * Sec. 16. AS 12.45.045(a) is amended to read:                                                                     
19            (a)  In prosecutions for the crimes of sexual assault in any degree, sexual abuse                            
20       of a minor in any degree, [OR] unlawful exploitation of a minor, or an attempt to                                 
21       commit any of these crimes, evidence of the [COMPLAINING WITNESS'                                                 
22       PREVIOUS] sexual conduct of the complaining witness, occurring either before or                               
23       after the offense charged, may not be admitted nor may reference be made to it in the                         
24       presence of the jury except as provided in this section. When the defendant seeks to                              
25       admit the evidence for any purpose, the defendant shall apply for an order of the court                           
26       not later than five days [AT ANY TIME] before [OR DURING THE] trial or at a                               
27       later time as the court may, for good cause, permit. The defendant may, for good                              
28       cause shown, apply for an order during trial if the request is based on                                       
29       information learned after the deadline or during the trial [OR PRELIMINARY                                    
30       HEARING]. After the application is made, the court shall conduct a hearing in camera                              
31       to determine the admissibility of the evidence. If the court finds that evidence offered                          
01       by the defendant regarding the sexual conduct of the complaining witness is relevant,                             
02       and that the probative value of the evidence offered is not outweighed by the                                     
03       probability that its admission will create undue prejudice, confusion of the issues, or                           
04       unwarranted invasion of the privacy of the complaining witness, the court shall make                              
05       an order stating what evidence may be introduced and the nature of the questions that                             
06       may be permitted. The defendant may then offer evidence under the order of the court.                             
07    * Sec. 17. AS 12.55.023(a) is amended to read:                                                                     
08            (a)  If a victim requests, the prosecuting attorney shall provide the victim,                                
09       before the sentencing hearing, with a copy of the following portions of the presentence                           
10       report:                                                                                                           
11                 (1)  the summary of the offense prepared by the Department of                                           
12       Corrections;                                                                                                      
13                 (2)  the defendant's version of the offense;                                                            
14                 (3)  all statements and summaries of statements of the victim; [AND]                                    
15                 (4)  the sentence recommendation of the Department of Corrections;                                  
16       and                                                                                                           
17                 (5)  letters of support submitted to the court for consideration.                                   
18    * Sec. 18. AS 12.55.025 is amended by adding new subsections to read:                                              
19            (k)  If a defendant intends to claim credit under AS 12.55.027 toward a                                      
20       sentence of imprisonment for time spent in a treatment program as a condition of bail                             
21       in connection with an offense for which the defendant is being sentenced, the                                     
22       defendant shall file notice with the court and the prosecutor 10 days before the                                  
23       sentencing hearing. The notice shall include the number of days the defendant is                                  
24       claiming. The defendant must prove by a preponderance of evidence that the                                        
25       requirements of AS 12.55.027 are met before credit may be awarded. Except as                                      
26       provided in (l) of this section, except for good cause, a court may not consider a                                
27       request for credit made under this subsection more than 90 days after the sentencing                              
28       hearing.                                                                                                          
29            (l)  If a defendant intends to claim credit under AS 12.55.027 toward a                                      
30       sentence of imprisonment for time spent in a treatment program as a condition of bail                             
31       while pending appeal, the defendant shall file notice with the court and the prosecutor                           
01       not later than 90 days after return of the case to the trial court following appeal. The                          
02       notice shall include the number of days the defendant is claiming. The defendant must                             
03       prove by a preponderance of evidence that the requirements of AS 12.55.027 are met                                
04       before credit may be awarded. Except for good cause, the court may not consider a                                 
05       request for credit made under this subsection after the deadline.                                                 
06    * Sec. 19. AS 12.55.027 is amended by adding a new subsection to read:                                             
07            (e)  If a defendant intends to claim credit toward a sentence of imprisonment                                
08       for time spent in a treatment program either as a condition of probation or as a                                  
09       condition of bail release after a petition to revoke probation has been filed, the                                
10       defendant shall file notice with the court and the prosecutor 10 days before the                                  
11       disposition hearing. The notice shall include the amount of time the defendant is                                 
12       claiming. The defendant must prove by a preponderance of the evidence that the credit                             
13       claimed meets the requirements of this section. A court may not consider, except for                              
14       good cause, a request for credit made under this subsection more than 90 days after the                           
15       disposition hearing.                                                                                              
16    * Sec. 20. AS 12.55.085(f) is amended to read:                                                                     
17            (f)  The court may not suspend the imposition of sentence of a person who                                    
18                 (1)  is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260                                 
19       - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, [OR]                                     
20       AS 11.61.125 - 11.61.128, or AS 11.66.110 - 11.66.135;                                                        
21                 (2)  uses a firearm in the commission of the offense for which the                                      
22       person is convicted; or                                                                                           
23                 (3)  is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony                                
24       and the person has one or more prior convictions for a misdemeanor violation of                                   
25       AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction                              
26       having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a                                
27       felony in this state; for the purposes of this paragraph, a person shall be considered to                         
28       have a prior conviction even if that conviction has been set aside under (e) of this                              
29       section or under the equivalent provision of the laws of another jurisdiction.                                    
30    * Sec. 21. AS 12.55.127 is amended by adding a new subsection to read:                                             
31            (e)  If the defendant is being sentenced for two or more crimes of distribution                              
01       of child pornography under AS 11.61.125, possession of child pornography under                                    
02       AS 11.61.127, or distribution of indecent material to minors under AS 11.61.128, a                                
03       consecutive term of imprisonment shall be imposed for some additional term of                                     
04       imprisonment for each additional crime or each additional attempt or solicitation to                              
05       commit the offense.                                                                                               
06    * Sec. 22. AS 12.55.165 is amended by adding a new subsection to read:                                             
07            (c)  A court may not refer a case to a three-judge panel under (a) of this section                           
08       if the defendant is being sentenced for a sexual felony under AS 12.55.125(i) and the                             
09       request for the referral is based solely on the claim that the defendant, either singly or                        
10       in combination, has                                                                                               
11                 (1)  prospects for rehabilitation that are less than extraordinary; or                                  
12                 (2)  a history free of unprosecuted, undocumented, or undetected sexual                                 
13       offenses.                                                                                                         
14    * Sec. 23. AS 12.55.175 is amended by adding a new subsection to read:                                             
15            (f)  A defendant being sentenced for a sexual felony under AS 12.55.125(i)                                   
16       may not establish, nor may the three-judge panel find under (b) of this section or any                            
17       other provision of law, that manifest injustice would result from imposition of a                                 
18       sentence within the presumptive range based solely on the claim that the defendant,                               
19       either singly or in combination, has                                                                              
20                 (1)  prospects for rehabilitation that are less than extraordinary; or                                  
21                 (2)  a history free of unprosecuted, undocumented, or undetected sexual                                 
22       offenses.                                                                                                         
23    * Sec. 24. AS 12.55.185(16) is amended to read:                                                                    
24                 (16)  "sexual felony" means sexual assault in the first degree, sexual                                  
25       abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault                     
26       in the second degree, sexual abuse of a minor in the second degree, unlawful                                      
27       exploitation of a minor, distribution of child pornography, sexual assault in the third                           
28       degree, incest, indecent exposure in the first degree, possession of child pornography,                           
29       online enticement of a minor, and felony attempt, conspiracy, or solicitation to                              
30       commit those crimes;                                                                                              
31    * Sec. 25. AS 12.63.100(6) is amended to read:                                                                     
01                 (6)  "sex offense" means                                                                                
02                      (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                         
03            another jurisdiction, in which the person committed or attempted to commit a                                 
04            sexual offense, or a similar offense under the laws of the other jurisdiction; in                            
05            this subparagraph, "sexual offense" has the meaning given in                                                 
06            AS 11.41.100(a)(3);                                                                                          
07                      (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                         
08            another jurisdiction, in which the person committed or attempted to commit                                   
09            one of the following crimes, or a similar law of another jurisdiction:                                       
10                           (i)  sexual assault in the first degree;                                                      
11                           (ii)  sexual assault in the second degree;                                                    
12                           (iii)  sexual abuse of a minor in the first degree; or                                        
13                           (iv)  sexual abuse of a minor in the second degree; or                                        
14                      (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                 
15            a crime, under the following statutes or a similar law of another jurisdiction:                              
16                           (i)  AS 11.41.410 - 11.41.438;                                                                
17                           (ii)  AS 11.41.440(a)(2);                                                                     
18                           (iii)  AS 11.41.450 - 11.41.458;                                                              
19                           (iv)  AS 11.41.460 if the indecent exposure is before a                                       
20                 person under 16 years of age and the offender has a previous conviction                                 
21                 for that offense;                                                                                       
22                           (v)  AS 11.61.125 - 11.61.128;                                                                
23                           (vi)  AS 11.66.110 or 11.66.130(a)(2) if the person who                                       
24                 was induced or caused to engage in prostitution was under 20 [16 OR                                 
25                 17] years of age at the time of the offense;                                                            
26                           (vii)  former AS 11.15.120, former 11.15.134, or assault                                      
27                 with the intent to commit rape under former AS 11.15.160, former                                        
28                 AS 11.40.110, or former 11.40.200; [OR]                                                                 
29                           (viii)  AS 11.61.118(a)(2) if the offender has a previous                                     
30                 conviction for that offense; or                                                                     
31                           (ix)  AS 11.66.100(a)(2) if the offender is subject to                                    
01                 punishment under AS 11.66.100(c);                                                                   
02    * Sec. 26. AS 18.65.865(b) is amended to read:                                                                     
03            (b)  The Alaska Court System shall prepare forms for petitions and protective                                
04       orders and instructions for their use by a person seeking a protective order under                                
05       AS 18.65.850 - 18.65.860. The forms must conform to the Alaska Rules of Civil                                     
06       Procedure, except that information on the forms may be filled in by legible                                       
07       handwriting. Filing fees may not be charged in any action seeking only the relief                                 
08       provided in AS 18.65.850 - 18.65.870. Each protective order form must contain the                                 
09       following warning in boldface type: "Violation of this order may be a misdemeanor,                                
10       punishable by up to one year of incarceration and a fine of up to $10,000 [$5,000]."                          
11    * Sec. 27. AS 18.66.130(d) is amended to read:                                                                     
12            (d)  In addition to other required information contained in a protective order,                              
13       the order must include in bold face type the following statements:                                                
14                 (1)  "Violation of this order may be a misdemeanor, punishable by up                                    
15       to one year of incarceration and up to a $10,000 [$5,000] fine";                                              
16                 (2)  "If you are ordered to have no contact with the petitioner or to stay                              
17       away from the petitioner's residence, vehicle, or other place designated by the court,                            
18       an invitation by the petitioner to have the prohibited contact or to be present at or enter                       
19       the residence, vehicle, or other place does not in any way invalidate or nullify the                              
20       order."                                                                                                           
21    * Sec. 28. AS 18.66.250(5) is amended to read:                                                                     
22                 (5)  "victim counseling center" means a private organization, an                                    
23       organization operated by or contracted by a branch of the armed forces of the                                 
24       United States, or a local government agency that                                                              
25                      (A)  has, as one of its primary purposes, the provision of direct                          
26            services to victims for trauma resulting from a sexual assault or domestic                                   
27            violence;                                                                                                    
28                      (B)  is not affiliated with a law enforcement agency or a                                          
29            prosecutor's office; and                                                                                     
30                      (C)  is not on contract with the state to provide services under                                   
31            AS 47;                                                                                                       
01    * Sec. 29. AS 18.67.101 is amended to read:                                                                        
02            Sec. 18.67.101. Incidents and offenses to which this chapter applies. The                                  
03       board may order the payment of compensation in accordance with the provisions of                                  
04       this chapter for personal injury or death that resulted from                                                      
05                 (1)  an attempt on the part of the applicant to prevent the commission of                               
06       crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police                              
07       officer to do so, or aiding a victim of crime; or                                                                 
08                 (2)  the commission or attempt on the part of one other than the                                        
09       applicant to commit any of the following offenses:                                                                
10                      (A)  murder in any degree;                                                                         
11                      (B)  manslaughter;                                                                                 
12                      (C)  criminally negligent homicide;                                                                
13                      (D)  assault in any degree;                                                                        
14                      (E)  kidnapping;                                                                                   
15                      (F)  sexual assault in any degree;                                                                 
16                      (G)  sexual abuse of a minor;                                                                      
17                      (H)  robbery in any degree;                                                                        
18                      (I)  threats to do bodily harm;                                                                    
19                      (J)  driving while under the influence of an alcoholic beverage,                                   
20            inhalant, or controlled substance or another crime resulting from the operation                              
21            of a motor vehicle, boat, or airplane when the offender is under the influence                               
22            of an alcoholic beverage, inhalant, or controlled substance; [OR]                                            
23                      (K)  arson in the first degree;                                                                
24                      (L)  sex trafficking in violation of AS 11.66.110 or                                           
25            11.66.130(a)(2);                                                                                         
26                      (M)  human trafficking in any degree; or                                                       
27                      (N)  unlawful exploitation of a minor.                                                         
28    * Sec. 30. AS 22.10.150 is amended to read:                                                                        
29            Sec. 22.10.150. Approval or rejection. Each superior court judge is subject to                             
30       approval or rejection as provided in AS 15 (Alaska Election Code). The judicial                                   
31       council shall conduct an evaluation of each judge before the retention election and                               
01       shall provide to the public information about the judge and may provide a                                         
02       recommendation regarding retention or rejection. The information and any                                          
03       recommendation shall be made public at least 60 days before the retention election.                               
04       The information shall include the judge's consideration of victims when imposing                              
05       sentence on persons convicted of felony offenses where the offenses involve                                   
06       victims. The judicial council shall also provide the information and any                                      
07       recommendation to the office of the lieutenant governor in time for publication in the                            
08       election pamphlet under AS 15.58.050. If a majority of those voting on the question                               
09       rejects the candidacy of a judge, the rejected judge may not for a period of four years                           
10       thereafter be appointed to fill any vacancy in the supreme court, court of appeals,                               
11       superior court, or district courts of the state.                                                                  
12    * Sec. 31. AS 25.23.180(i) is amended to read:                                                                     
13            (i)  Proceedings for the termination of parental rights on the grounds set out in                            
14       (c)(3) of this section do not affect the rights of a victim of sexual assault, sexual abuse                   
15       of a minor, or incest to obtain legal and equitable civil remedies for all injuries and                       
16       damages arising out of the perpetrator's conduct.                                                                 
17    * Sec. 32. AS 25.23.240(10) is amended to read:                                                                    
18                 (10)  "sexual assault" means a sexual offense defined in AS 11.41.410 -                             
19       11.41.427 [AS 11.41.410 OR 11.41.420];                                                                        
20    * Sec. 33. AS 33.20.010(a) is amended to read:                                                                     
21            (a)  Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner                                      
22       convicted of an offense against the state or a political subdivision of the state and                             
23       sentenced to a term of imprisonment that exceeds three days is entitled to a deduction                            
24       of one-third of the term of imprisonment rounded off to the nearest day if the prisoner                           
25       follows the rules of the correctional facility in which the prisoner is confined. A                               
26       prisoner is not eligible for a good time deduction if the prisoner has been sentenced                             
27                 (1)  to a mandatory 99-year term of imprisonment under                                                  
28       AS 12.55.125(a) after June 27, 1996;                                                                              
29                 (2)  to a definite term under AS 12.55.125(l); or                                                       
30                 (3)  for a sexual felony under AS 12.55.125(i)                                                          
31                      (A)  and has one or more prior sexual felony convictions as                                    
01            determined under AS 12.55.145(a)(4); or                                                                  
02                      (B)  that is an unclassified or a class A felony.                                              
03    * Sec. 34. AS 44.23.080(a) is amended to read:                                                                     
04            (a)  If there is reasonable cause to believe that an Internet service account has                            
05       been used in connection with a violation of AS 11.41.452, 11.41.455, or AS 11.61.125                              
06       - 11.61.128, and that the identity, address, and other information about the account                              
07       owner will assist in obtaining evidence that is relevant to the offense, a law                                    
08       enforcement officer may apply to the attorney general or the attorney general's                               
09       designee for an administrative subpoena to obtain the business records of the Internet                        
10       service provider located inside or outside of the state.                                                          
11    * Sec. 35. AS 44.23.080(b) is amended to read:                                                                     
12            (b)  If an application meets the requirements of (a) of this section, the attorney                           
13       general or the attorney general's designee may issue an administrative subpoena to                            
14       the Internet service provider requiring the production of the following records:                                  
15                 (1)  the name and other identifying information of the account holder;                                  
16                 (2)  the address and physical location associated with the account;                                     
17                 (3)  a description of the length of service, service start date, and types                              
18       of service associated with the account.                                                                           
19    * Sec. 36. AS 44.23.080(e) is amended to read:                                                                     
20            (e)  If the Internet service provider refuses to obey a subpoena issued under (b)                            
21       of this section, the superior court may, upon application of the attorney general or the                      
22       attorney general's designee, issue an order requiring the Internet service provider to                        
23       appear at the office of the attorney general with the information described in the                                
24       subpoena.                                                                                                         
25    * Sec. 37. AS 44.23.080 is amended by adding a new subsection to read:                                             
26            (i)  For purposes of this section, the attorney general's designee may be the                                
27       deputy attorney general of the division of the Department of Law that has                                         
28       responsibility for civil cases or the division of the Department of Law that has                                  
29       responsibility for criminal cases.                                                                                
30    * Sec. 38. AS 47.10.086(c) is amended to read:                                                                     
31            (c)  The court may determine that reasonable efforts of the type described in                                
01       (a) of this section are not required if the court has found by clear and convincing                               
02       evidence that                                                                                                     
03                 (1)  the parent or guardian has subjected the child to circumstances that                               
04       pose a substantial risk to the child's health or safety; these circumstances include                              
05       abandonment, sexual abuse, torture, chronic mental injury, or chronic physical harm;                              
06                 (2)  the parent or guardian has                                                                         
07                      (A)  committed homicide under AS 11.41.100 - 11.41.130 of a                                        
08            parent of the child or of a child;                                                                           
09                      (B)  aided or abetted, attempted, conspired, or solicited under                                    
10            AS 11.16 or AS 11.31 to commit a homicide described in (A) of this                                           
11            paragraph;                                                                                                   
12                      (C)  committed an assault that is a felony under AS 11.41.200 -                                    
13            11.41.220 and results in serious physical injury to a child; or                                              
14                      (D)  committed the conduct described in (A) - (C) of this                                          
15            paragraph that violated a law or ordinance of another jurisdiction having                                    
16            elements similar to an offense described in (A) - (C) of this paragraph;                                     
17                 (3)  the parent or guardian has, during the 12 months preceding the                                     
18       permanency hearing, failed to comply with a court order to participate in family                                  
19       support services;                                                                                                 
20                 (4)  the department has conducted a reasonably diligent search over a                                   
21       time period of at least three months for an unidentified or absent parent and has failed                          
22       to identify and locate the parent;                                                                                
23                 (5)  the parent or guardian is the sole caregiver of the child and the                                  
24       parent or guardian has a mental illness or mental deficiency of such nature and                                   
25       duration that, according to the statement of a psychologist or physician, the parent or                           
26       guardian will be incapable of caring for the child without placing the child at                                   
27       substantial risk of physical or mental injury even if the department were to provide                              
28       family support services to the parent or guardian for 12 months;                                                  
29                 (6)  the parent or guardian has previously been convicted of a crime                                    
30       involving a child in this state or in another jurisdiction and, after the conviction, the                         
31       child was returned to the custody of the parent or guardian and later removed because                             
01       of an additional substantiated report of physical or sexual abuse by the parent or                                
02       guardian;                                                                                                         
03                 (7)  a child has suffered substantial physical harm as the result of                                    
04       abusive or neglectful conduct by the parent or guardian or by a person known by the                               
05       parent or guardian and the parent or guardian knew or reasonably should have known                                
06       that the person was abusing the child;                                                                            
07                 (8)  the parental rights of the parent have been terminated with respect                                
08       to another child because of child abuse or neglect, the parent has not remedied the                               
09       conditions or conduct that led to the termination of parental rights, and the parent has                          
10       demonstrated an inability to protect the child from substantial harm or the risk of                               
11       substantial harm;                                                                                                 
12                 (9)  the child has been removed from the child's home on at least two                                   
13       previous occasions, family support services were offered or provided to the parent or                             
14       guardian at those times, and the parent or guardian has demonstrated an inability to                              
15       protect the child from substantial harm or the risk of substantial harm; [OR]                                     
16                 (10)  the parent or guardian is incarcerated and is unavailable to care                                 
17       for the child during a significant period of the child's minority, considering the child's                        
18       age and need for care by an adult; or                                                                         
19                 (11)  the parent or guardian                                                                        
20                      (A)  has sexually abused the child or another child of the                                     
21            parent or guardian; or                                                                                   
22                      (B)  is registered or required to register as a sex offender or                                
23            child kidnapper under AS 12.63.                                                                          
24    * Sec. 39. AS 47.17.020(a) is amended to read:                                                                     
25            (a)  The following persons who, in the performance of their occupational                                     
26       duties, or with respect to (8) of this subsection, in the performance of their appointed                          
27       duties, have reasonable cause to suspect that a child has suffered harm as a result of                            
28       child abuse or neglect shall immediately report the harm to the nearest office of the                             
29       department:                                                                                                       
30                 (1)  practitioners of the healing arts;                                                                 
31                 (2)  school teachers and school administrative staff members, including                             
01       athletic coaches, of public and private schools;                                                              
02                 (3)  peace officers and officers of the Department of Corrections;                                      
03                 (4)  administrative officers of institutions;                                                           
04                 (5)  child care providers;                                                                              
05                 (6)  paid employees of domestic violence and sexual assault programs,                                   
06       and crisis intervention and prevention programs as defined in AS 18.66.990;                                       
07                 (7)  paid employees of an organization that provides counseling or                                      
08       treatment to individuals seeking to control their use of drugs or alcohol;                                        
09                 (8)  members of a child fatality review team established under                                          
10       AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created                               
11       under AS 47.14.300.                                                                                               
12    * Sec. 40. AS 47.17.290 is amended by adding a new paragraph to read:                                              
13                 (17)  "athletic coach" includes a paid leader or assistant of a sports                                  
14       team.                                                                                                             
15    * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to                         
16 read:                                                                                                                   
17            DIRECT COURT RULE AMENDMENT. Rule 16(b), Alaska Rules of                                                     
18       Criminal Procedure, is amended by adding a new paragraph to read:                                                 
19                 (9)  Restriction on Availability of Certain Material. Notwithstanding                                   
20       (b)(1)(A)(iv) of this rule, the court shall deny any request by the defendant to copy,                            
21       photograph, duplicate, or otherwise reproduce any material prohibited under                                       
22       AS 11.41.455(a) or defined as "child pornography" under 18 U.S.C. 2256, if the                                    
23       prosecuting attorney makes the material reasonably available for inspection by the                                
24       defendant and defense counsel. The material shall be considered to be made                                        
25       reasonably available to the defendant or defense counsel if the prosecuting attorney                              
26       provides, at a law enforcement or prosecution facility, ample opportunity for                                     
27       inspection, viewing, and examination of the material by the defendant and the                                     
28       defendant's attorney. If the defendant is not represented by counsel and demonstrates a                           
29       need to view the material, the court shall make arrangements for the defendant to be                              
30       supervised while viewing the material. If the defendant or the defendant's attorney                               
31       identifies an expert who must view the material, the court shall make arrangements for                            
01       the court or the law enforcement agency that possesses it to send the material directly                           
02       to the expert.                                                                                                    
03    * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to                         
04 read:                                                                                                                   
05            DIRECT COURT RULE AMENDMENT. Rule 32.1(b)(1), Alaska Rules of                                                
06       Criminal Procedure, is amended to read:                                                                           
07                 (1)  Contents and Filing. If the court directs the Department of                                        
08       Corrections to prepare a presentence report, the report shall be filed with the court and                         
09       served on counsel at least 30 days before the sentencing hearing, or 30 days before the                           
10       presentencing hearing, if one is scheduled. The report shall contain all of the                                   
11       defendant's prior criminal convictions and findings of delinquency and any other                                  
12       information about the defendant's characteristics, financial condition, and the                                   
13       circumstances affecting the defendant's behavior that may be helpful in fashioning the                            
14       defendant's sentence, a victim impact statement, and any other information required by                            
15       the judge. If the crime involved a victim, the court may not accept a report that                             
16       does not include a victim's impact statement, unless the report explains the                                  
17       reason why the victim or the victim's representative could not be interviewed.                                
18       The presentence report shall comply with the Victims' Rights Act, AS 12.61.100 -                                  
19       12.61.150 and AS 12.55.022.                                                                                       
20    * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22            DIRECT COURT RULE AMENDMENT. Rule 32.2(a), Alaska Rules of                                                   
23       Criminal Procedure, is amended to read:                                                                           
24            (a)  Consideration of Victim's Statement. If a victim as defined in                                        
25       AS 12.55.185 prepares and submits a written statement, gives sworn testimony or                                   
26       makes an unsworn oral presentation under AS 12.55.023, the court shall take the                                   
27       content of the statement, testimony, or presentation into consideration when preparing                            
28       those elements of the sentencing report required by AS 12.55.025 that relate to the                               
29       effect of the offense on the victim, and when considering the need for restitution under                          
30       AS 12.55.045. The court shall also take the content of the victim's impact                                    
31       statement in the presentence report into consideration in preparing the                                       
01       sentencing report required under AS 12.55.025. The court also may take the content                            
02       of the statement, testimony, victim's impact statement, or presentation into                                  
03       consideration for any other appropriate purpose.                                                                  
04    * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to                         
05 read:                                                                                                                   
06            DIRECT COURT RULE AMENDMENT. Rule 404(b)(2), Alaska Rules of                                                 
07       Evidence, is amended to read:                                                                                     
08                 (2)  In a prosecution for a crime involving a physical or sexual assault                                
09       or abuse of a minor, evidence of other acts by the defendant toward the same or                                   
10       another child is admissible if admission of the evidence is not precluded by another                              
11       rule of evidence and if the prior offenses                                                                        
12                           (i)  [OCCURRED WITHIN THE 10 YEARS                                                            
13                 PRECEDING THE DATE OF THE OFFENSE CHARGED;                                                              
14                           (ii)]  are similar to the offense charged; and                                                
15                           (ii) [(iii)]  were committed upon persons similar to the                                  
16                 prosecuting witness.                                                                                    
17    * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to                         
18 read:                                                                                                                   
19       INDIRECT COURT RULE AMENDMENT. AS 12.45.045(a), as amended by sec. 16                                             
20 of this Act, has the effect of amending Rule 404(a), Alaska Rules of Evidence, by providing,                            
21 with some exceptions, that a defendant must request admission of certain evidence about the                             
22 complaining witness five days before trial and by applying the rule to the conduct of the                               
23 complaining witness after the alleged offense.                                                                          
24    * Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to                         
25 read:                                                                                                                   
26       APPLICABILITY. (a) Sections 2 - 15, 20, 21, 25, and 33 of this Act apply to offenses                              
27 committed on or after the effective date of this Act.                                                                   
28       (b)  Sections 16, 22 - 24, 28, and 29 of this Act apply to offenses committed before,                             
29 on, or after the effective date of this Act.                                                                            
30       (c)  Section 18 of this Act applies to sentencing hearings occurring on or after the                              
31 effective date of this Act.                                                                                             
01       (d)  Section 19 of this Act applies to disposition hearings occurring in proceedings on                           
02 petitions to revoke probation filed on or after the effective date of this Act.                                         
03    * Sec. 47. The uncodified law of the State of Alaska is amended by adding a new section to                         
04 read:                                                                                                                   
05       CONDITIONAL EFFECT. Section 16 of this Act, amending AS 12.45.045(a), takes                                       
06 effect only if sec. 45 of this Act receives the two-thirds majority vote of each house required                         
07 by art. IV, sec. 15, Constitution of the State of Alaska.                                                               
08    * Sec. 48. This Act takes effect July 1, 2013.                                                                     
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