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24th Legislature(2005-2006)

Bill Text 24th Legislature


00                HOUSE CS FOR CS FOR SENATE BILL NO. 218(FIN)                                                             
01 "An Act relating to sex offenders and child kidnappers; relating to periodic polygraph                                  
02 examinations for sex offenders released on probation or parole; relating to sexual abuse                                
03 of a minor; relating to the definitions of 'aggravated sex offense' and 'child kidnapping';                             
04 relating to penalties for failure to report child abuse or neglect; relating to sentencing                              
05 for sex offenders and habitual criminals; and providing for an effective date."                                         
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 11.41.436(a) is amended to read:                                                                   
08            (a)  An offender commits the crime of sexual abuse of a minor in the second                                  
09       degree if,                                                                                                    
10                 (1)  being 17 [16] years of age or older, the offender engages in sexual                            
11       penetration with a person who is 13, 14, or 15 years of age and at least four [THREE]                         
12       years younger than the offender, or aids, induces, causes, or encourages a person who                         
13       is 13, 14, or 15 years of age and at least four [THREE] years younger than the                                
01       offender to engage in sexual penetration with another person;                                                     
02                 (2)  being 16 years of age or older, the offender engages in sexual                                     
03       contact with a person who is under 13 years of age or aids, induces, causes, or                                   
04       encourages a person under 13 years of age to engage in sexual contact with another                                
05       person;                                                                                                           
06                 (3)  being 18 years of age or older, the offender engages in sexual                                     
07       contact with a person who is under 18 years of age, and the offender is the victim's                              
08       natural parent, stepparent, adopted parent, or legal guardian;                                                    
09                 (4)  being 16 years of age or older, the offender aids, induces, causes,                                
10       or encourages a person who is under 16 years of age to engage in conduct described in                             
11       AS 11.41.455(a)(2) - (6); [OR]                                                                                    
12                 (5)  being 18 years of age or older, the offender engages in sexual                                     
13       contact with a person who is under 16 years of age, and                                                           
14                      (A)  the victim at the time of the offense is residing in the same                                 
15            household as the offender and the offender has authority over the victim; or                                 
16                      (B)  the offender occupies a position of authority in relation to                                  
17            the victim;                                                                                              
18                 (6)  being 20 years of age or older, the offender engages in sexual                                 
19       penetration with a person who is 16 or 17 years of age and at least four years                                
20       younger than the offender, and the offender occupies a position of authority in                               
21       relation to the victim; or                                                                                    
22                 (7)  being under 16 years of age, the offender engages in sexual                                    
23       penetration with a person who is under 13 years of age and at least three years                               
24       younger than the offender.                                                                                    
25    * Sec. 2. AS 11.41.438(a) is amended to read:                                                                      
26            (a)  An offender commits the crime of sexual abuse of a minor in the third                                   
27       degree if                                                                                                         
28                 [(1)]  being 17 [16] years of age or older, the offender engages in                                 
29       sexual contact with a person who is 13, 14, or 15 years of age and at least four                              
30       [THREE] years younger than the offender [;                                                                        
31                 (2)  BEING 18 YEARS OF AGE OR OLDER, THE OFFENDER                                                       
01       ENGAGES IN SEXUAL PENETRATION WITH A PERSON WHO IS 16 OR 17                                                       
02       YEARS OF AGE AND AT LEAST THREE YEARS YOUNGER THAN THE                                                            
03       OFFENDER, AND THE OFFENDER OCCUPIES A POSITION OF AUTHORITY                                                       
04       IN RELATION TO THE VICTIM; OR                                                                                     
05                 (3)  BEING UNDER 16 YEARS OF AGE, THE OFFENDER                                                          
06       ENGAGES IN SEXUAL PENETRATION WITH A PERSON WHO IS UNDER 13                                                       
07       YEARS OF AGE AND AT LEAST THREE YEARS YOUNGER THAN THE                                                            
08       OFFENDER].                                                                                                        
09    * Sec. 3. AS 12.55.100 is amended by adding a new subsection to read:                                              
10            (e)  While on probation and as a condition of probation for a sex offense, the                               
11       defendant shall be required to submit to regular periodic polygraph examinations. In                              
12       this subsection, "sex offense" has the meaning given in AS 12.63.100.                                             
13    * Sec. 4. AS 12.55.125(i) is amended to read:                                                                      
14            (i)  A defendant convicted of                                                                                
15                 (1)  sexual assault in the first degree or sexual abuse of a minor in the                               
16       first degree may be sentenced to a definite term of imprisonment of not more than 99                              
17       years and shall be sentenced to a definite term within the following presumptive                                  
18       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
19                      (A)  if the offense is a first felony conviction, [AND] does not                               
20            involve circumstances described in (B) of this paragraph, and the victim was                             
21                           (i)  less than 13 years of age, 25 to 35 years;                                           
22                           (ii)  13 years of age or older, 20 to 30 [EIGHT TO 12]                                    
23                 years;                                                                                                  
24                      (B)  if the offense is a first felony conviction and the defendant                                 
25            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
26            injury during the commission of the offense, 25 to 35 [12 TO 16] years;                                  
27                      (C)  if the offense is a second felony conviction and does not                                     
28            involve circumstances described in (D) of this paragraph, 30 to 40 [15 TO 20]                            
29            years;                                                                                                       
30                      (D)  if the offense is a second felony conviction and the                                          
31            defendant has a prior conviction for a sexual felony, 35 to 45 [20 TO 30]                                
01            years;                                                                                                       
02                      (E)  if the offense is a third felony conviction and the defendant                                 
03            is not subject to sentencing under (F) of this paragraph or (l) of this section, 40                      
04            to 60 [25 TO 35] years;                                                                                  
05                      (F)  if the offense is a third felony conviction, the defendant is                                 
06            not subject to sentencing under (l) of this section, and the defendant has two                               
07            prior convictions for sexual felonies, 99 [30 TO 40] years;                                              
08                 (2)  attempt, conspiracy, or solicitation to commit sexual assault in the                               
09       first degree or sexual abuse of a minor in the first degree may be sentenced to a                                 
10       definite term of imprisonment of not more than 99 [30] years and shall be sentenced to                        
11       a definite term within the following presumptive ranges, subject to adjustment as                                 
12       provided in AS 12.55.155 - 12.55.175:                                                                             
13                      (A)  if the offense is a first felony conviction, [AND] does not                               
14            involve circumstances described in (B) of this paragraph, and the victim was                             
15                           (i)  under 13 years of age, 20 to 30 years;                                               
16                           (ii)  13 years of age or older, 15 to 30 [FIVE TO                                         
17                 EIGHT] years;                                                                                           
18                      (B)  if the offense is a first felony conviction, and the defendant                                
19            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
20            injury during the commission of the offense, 25 to 35 [10 TO 14] years;                                  
21                      (C)  if the offense is a second felony conviction and does not                                     
22            involve circumstances described in (D) of this paragraph, 25 to 35 [12 TO 16]                            
23            years;                                                                                                       
24                      (D)  if the offense is a second felony conviction and the                                          
25            defendant has a prior conviction for a sexual felony, 30 to 40 [15 TO 20]                                
26            years;                                                                                                       
27                      (E)  if the offense is a third felony conviction, does not involve                                 
28            circumstances described in (F) of this paragraph, and the defendant is not                                   
29            subject to sentencing under (l) of this section, 35 to 50 [15 TO 25] years;                              
30                      (F)  if the offense is a third felony conviction, the defendant is                                 
31            not subject to sentencing under (l) of this section, and the defendant has two                               
01            prior convictions for sexual felonies, 99 [20 TO 30] years;                                              
02                 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                
03       second degree, unlawful exploitation of a minor, or distribution of child pornography                             
04       may be sentenced to a definite term of imprisonment of not more than 99 [20] years                            
05       and shall be sentenced to a definite term within the following presumptive ranges,                                
06       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
07                      (A)  if the offense is a first felony conviction, five to 15 [TWO                              
08            TO FOUR] years;                                                                                              
09                      (B)  if the offense is a second felony conviction and does not                                     
10            involve circumstances described in (C) of this paragraph, 10 to 25 [FIVE TO                              
11            EIGHT] years;                                                                                                
12                      (C)  if the offense is a second felony conviction and the                                          
13            defendant has a prior conviction for a sexual felony, 15 to 30 [10 TO 14]                                
14            years;                                                                                                       
15                      (D)  if the offense is a third felony conviction and does not                                      
16            involve circumstances described in (E) of this paragraph, 20 to 35 [10 TO 14]                            
17            years;                                                                                                       
18                      (E)  if the offense is a third felony conviction and the defendant                                 
19            has two prior convictions for sexual felonies, 99 [15 TO 20] years;                                      
20                 (4)  sexual assault in the third degree, incest, indecent exposure in the                               
21       first degree, possession of child pornography, or attempt, conspiracy, or solicitation to                         
22       commit sexual assault in the second degree, sexual abuse of a minor in the second                                 
23       degree, unlawful exploitation of a minor, or distribution of child pornography, may be                            
24       sentenced to a definite term of imprisonment of not more than 99 [10] years and shall                         
25       be sentenced to a definite term within the following presumptive ranges, subject to                               
26       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
27                      (A)  if the offense is a first felony conviction, two to 12 [ONE                               
28            TO TWO] years;                                                                                               
29                      (B)  if the offense is a second felony conviction and does not                                     
30            involve circumstances described in (C) of this paragraph, eight to 15 [TWO                               
31            TO FIVE] years;                                                                                              
01                      (C)  if the offense is a second felony conviction and the                                          
02            defendant has a prior conviction for a sexual felony, 12 to 20 [THREE TO                                 
03            SIX] years;                                                                                                  
04                      (D)  if the offense is a third felony conviction and does not                                      
05            involve circumstances described in (E) of this paragraph, 15 to 25 [THREE TO                             
06            SIX] years;                                                                                                  
07                      (E)  if the offense is a third felony conviction and the defendant                                 
08            has two prior convictions for sexual felonies, 99 [SIX TO 10] years.                                     
09    * Sec. 5. AS 12.55.125(j) is amended to read:                                                                      
10            (j)  A defendant sentenced to a (1) mandatory term of imprisonment of 99                                     
11       years under (a) of this section may apply once for a modification or reduction of                                 
12       sentence under the Alaska Rules of Criminal Procedure after serving one-half of the                               
13       mandatory term without consideration of good time earned under AS 33.20.010, or (2)                               
14       definite term of imprisonment under (l) of this section may apply once for a                                      
15       modification or reduction of sentence under the Alaska Rules of Criminal Procedure                                
16       after serving [THE GREATER OF (A)] one-half of the definite term [OR (B) 30                                       
17       YEARS]. A defendant may not file and a court may not entertain more than one                                      
18       motion for modification or reduction of a sentence subject to this subsection,                                    
19       regardless of whether or not the court granted or denied a previous motion.                                       
20    * Sec. 6. AS 12.55.125(l) is amended to read:                                                                      
21            (l)  Notwithstanding any other provision of law, a defendant convicted of an                                 
22       unclassified or class A felony offense, and not subject to a mandatory 99-year                                    
23       sentence under (a) of this section, shall be sentenced to a definite term of                                      
24       imprisonment of [AT LEAST 40 YEARS BUT NOT MORE THAN] 99 years when                                               
25       the defendant has been previously convicted of two or more most serious felonies                                  
26       [AND THE PROSECUTING ATTORNEY HAS FILED A NOTICE OF INTENT TO                                                     
27       SEEK A DEFINITE SENTENCE UNDER THIS SUBSECTION AT THE TIME                                                        
28       THE DEFENDANT WAS ARRAIGNED IN SUPERIOR COURT]. If a defendant is                                                 
29       sentenced to a definite term under this subsection,                                                               
30                 (1)  imprisonment for the prescribed definite term may not be                                           
31       suspended under AS 12.55.080;                                                                                     
01                 (2)  imposition of sentence may not be suspended under AS 12.55.085;                                    
02                 (3)  imprisonment for the prescribed definite term may not be reduced,                                  
03       except as provided in (j) of this section.                                                                        
04    * Sec. 7. AS 12.55.125 is amended by adding a new subsection to read:                                              
05            (o)  Other than for convictions subject to a mandatory 99-year sentence, the                                 
06       court shall impose, in addition to an active term of imprisonment imposed under (i) of                            
07       this section, a minimum period of (1) suspended imprisonment of five years and a                                  
08       minimum period of probation supervision of 15 years for conviction of an unclassified                             
09       felony, (2) suspended imprisonment of three years and a minimum period of probation                               
10       supervision of 10 years for conviction of a class A or class B felony, or (3) suspended                           
11       imprisonment of two years and a minimum period of probation supervision of five                                   
12       years for conviction of a class C felony. The period of probation is in addition to any                           
13       sentence received under (i) of this section and may not be suspended or reduced. Upon                             
14       a defendant's release from confinement in a correctional facility, the defendant is                               
15       subject to this probation requirement and shall submit and comply with the terms and                              
16       requirements of the probation.                                                                                    
17    * Sec. 8. AS 12.63.100(1) is amended to read:                                                                      
18                 (1)  "aggravated sex offense" means                                                                     
19                      (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                         
20            another jurisdiction, in which the person committed or attempted to commit a                                 
21            sexual offense, or a similar offense under the laws of the other jurisdiction; in                            
22            this subparagraph, "sexual offense" has the meaning given in                                                 
23            AS 11.41.100(a)(3);                                                                                          
24                      (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                         
25            another jurisdiction, in which the person committed or attempted to commit                                   
26            one of the following crimes, or a similar law of another jurisdiction:                                       
27                           (i)  sexual assault in the first degree;                                                      
28                           (ii)  sexual assault in the second degree;                                                    
29                           (iii)  sexual abuse of a minor in the first degree; or                                        
30                           (iv)  sexual abuse of a minor in the second degree; or                                        
31                      (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                 
01            a crime, under AS 11.41.410, 11.41.434, or a similar law of another                                          
02            jurisdiction or a similar provision under a former law of this state;                                    
03    * Sec. 9. AS 12.63.100(2) is amended to read:                                                                      
04                 (2)  "child kidnapping" means                                                                           
05                      (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                         
06            another jurisdiction, in which the person committed or attempted to commit                                   
07            kidnapping;                                                                                                  
08                      (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                         
09            another jurisdiction, in which the person committed or attempted to commit                                   
10            kidnapping if the victim was under 18 years of age at the time of the offense;                               
11            or                                                                                                           
12                      (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                 
13            a crime, under AS 11.41.300, or a similar law of another jurisdiction or a                               
14            similar provision under a former law of this state, if the victim was under                              
15            18 years of age at the time of the offense;                                                                  
16    * Sec. 10. AS 33.16.150(a) is amended to read:                                                                     
17            (a)  As a condition of parole, a prisoner released on special medical,                                       
18       discretionary, or mandatory parole                                                                                
19                 (1)  shall obey all state, federal, or local laws or ordinances, and any                                
20       court orders applicable to the parolee;                                                                           
21                 (2)  shall make diligent efforts to maintain steady employment or meet                                  
22       family obligations;                                                                                               
23                 (3)  shall, if involved in education, counseling, training, or treatment,                               
24       continue in the program unless granted permission from the parole officer assigned to                             
25       the parolee to discontinue the program;                                                                           
26                 (4)  shall report                                                                                       
27                      (A)  upon release to the parole officer assigned to the parolee;                                   
28                      (B)  at other times, and in the manner, prescribed by the board                                    
29            or the parole officer assigned to the parolee;                                                               
30                 (5)  shall reside at a stated place and not change that residence without                               
31       notifying, and receiving permission from, the parole officer assigned to the parolee;                             
01                 (6)  shall remain within stated geographic limits unless written                                        
02       permission to depart from the stated limits is granted the parolee;                                               
03                 (7)  may not use, possess, handle, purchase, give, distribute, or                                       
04       administer a controlled substance as defined in AS 11.71.900 or under federal law or a                            
05       drug for which a prescription is required under state or federal law without a                                    
06       prescription from a licensed medical professional to the parolee;                                                 
07                 (8)  may not possess or control a firearm; in this paragraph, "firearm"                                 
08       has the meaning given in AS 11.81.900;                                                                            
09                 (9)  may not enter into an agreement or other arrangement with a law                                    
10       enforcement agency or officer that will place the parolee in the position of violating a                          
11       law or parole condition without the prior approval of the board;                                                  
12                 (10)  may not contact or correspond with anyone confined in a                                           
13       correctional facility of any type serving any term of imprisonment or a felon without                             
14       the permission of the parole officer assigned to a parolee;                                                       
15                 (11)  shall agree to waive extradition from any state or territory of the                               
16       United States and to not contest efforts to return the parolee to the state;                                      
17                 (12)  shall provide a blood sample, an oral sample, or both, when                                       
18       requested by a health care professional acting on behalf of the state to provide the                              
19       sample or samples, or an oral sample when requested by a juvenile or adult                                        
20       correctional, probation, or parole officer, or a peace officer, if the prisoner is being                          
21       released after a conviction of an offense requiring the state to collect the sample or                            
22       samples for the deoxyribonucleic acid identification system under AS 44.41.035;                               
23                 (13)  from a conviction for a sex offense shall submit to regular                                   
24       periodic polygraph examinations; in this paragraph, "sex offense" has the                                     
25       meaning given in AS 12.63.100.                                                                                
26    * Sec. 11. AS 47.17.068 is amended to read:                                                                        
27            Sec. 47.17.068. Penalty for failure to report. A person who fails to comply                                
28       with the provisions of AS 47.17.020 or 47.17.023 and who knew or should have                                      
29       known that the circumstances gave rise to the need for a report, is guilty of a class A                       
30       [CLASS B] misdemeanor.                                                                                            
31    * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to                         
01 read:                                                                                                                   
02       DIRECTION TO DEPARTMENT OF PUBLIC SAFETY CONCERNING                                                               
03 CENTRAL REGISTRY OF SEX OFFENDERS AND CHILD KIDNAPPERS. The                                                             
04 Department of Public Safety shall provide on the Internet website that the department                                   
05 maintains for the central registry of sex offenders and child kidnappers information as to how                          
06 members of the public using the website may access or compile the information relating to                               
07 sex offenders or child kidnappers for a particular geographic area on a map. The information                            
08 may direct members to mapping programs available on the Internet and to Internet websites                               
09 where information contained in the registry has already been converted to a map or                                      
10 geographic format.                                                                                                      
11    * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       APPLICABILITY. Sections 1, 2, 4 - 7, and 11 of this Act apply to offenses committed                               
14 on or after the effective date of this section. References to prior offenses or convictions in                          
15 secs. 4 and 6 of this Act include offenses committed before, on, or after the effective date of                         
16 this section. Sections 3 and 10 of this Act apply to persons on probation or parole for offenses                        
17 committed before, on, or after the effective date of secs. 3 and 10 of this Act.                                        
18    * Sec. 14. Sections 3 and 10 of this Act take effect July 1, 2007.                                                 
19    * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect immediately under                      
20 AS 01.10.070(c).                                                                                                        
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