Alaska 2023-2024 Regular Session

Alaska House Bill HB213 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2	HB0213a -1- HB 213
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5	5	33-LS0830\B
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11	11	HOUSE BILL NO. 213
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-THIRD LEGISLATURE - FIRST SESSION
16	16
17	17	BY REPRESENTATIVE EASTMAN
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19	19	Introduced: 5/17/23
20	20	Referred: Health and Social Services, State Affairs, Judiciary
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22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to informed consent of individuals under 18 years of age; relating to 1
28	28	claims based on the sterilization of a minor; establishing the crime of sterilization of a 2
29	29	minor; and relating to the statute of limitations." 3
30	30	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31	31	* Section 1. AS 09.55.556 is amended by adding a new subsection to read: 5
32	32	(c) An individual under 18 years of age may not consent to a treatment or 6
33	33	procedure that is intended to result in the permanent loss of the individual's ability to 7
34	34	procreate. 8
35	35	* Sec. 2. AS 09.55 is amended by adding a new section article 9 to read: 9
36	36	Sec. 09.55.660. Claims based on sterilization of a minor. (a) An individual 10
37	37	who was sterilized while a minor may bring an action against a person who sterilized 11
38	38	or aided the sterilization of the minor. An individual may bring an action under this 12
39	39	section even if the individual or the individual's parent or guardian consented to the 13
40	40	sterilization. 14 33-LS0830\B
41	41	HB 213 -2- HB0213a
42	42	New Text Underlined [DELETED TEXT BRACKETED]
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44	44	(b) If an individual who was sterilized as a minor is incompetent by reason of 1
45	45	mental illness or mental disability, the individual's parent or legal guardian may file an 2
46	46	action under this section on behalf of the individual. 3
47	47	(c) In this section, "sterilization" and "sterilized" mean a treatment or 4
48	48	procedure that results in the permanent loss of a person's ability to procreate. 5
49	49	* Sec. 3. AS 11.41 is amended by adding a new section to read: 6
50	50	Sec. 11.41.240. Sterilization of a minor. (a) A person commits the crime of 7
51	51	sterilization of a minor if the person knowingly sterilizes or aids the sterilization of a 8
52	52	minor. 9
53	53	(b) In a prosecution under this section, it is an affirmative defense that 10
54	54	(1) the defendant sterilized or aided the sterilization of the minor in 11
55	55	order to preserve the life or prevent serious impairment of the physical health of the 12
56	56	minor; or 13
57	57	(2) the minor was infertile, or did not have the capacity to become 14
58	58	fertile, before the defendant sterilized or aided the sterilization of the minor. 15
59	59	(c) An affirmative defense under (b)(1) of this section does not apply to a 16
60	60	person who sterilizes or aids the sterilization of a minor based on concerns that the 17
61	61	minor is a danger to self. 18
62	62	(d) In a prosecution under (a) of this section, it is not a defense that 19
63	63	(1) the sterilization or aiding of the sterilization of the minor was 20
64	64	carried out with the consent of the minor or the parent or guardian of the minor; 21
65	65	(2) an experimental procedure is available that could reverse the 22
66	66	sterilization and the minor has not had the experimental procedure; or 23
67	67	(3) a new medical procedure is available that is able to reverse the 24
68	68	sterilization. 25
69	69	(e) In this section, "sterilization" and "sterilized" mean a treatment or 26
70	70	procedure that results in the permanent loss of a person's ability to procreate. 27
71	71	(f) Sterilization of a minor is a class A felony. 28
72	72	* Sec. 4. AS 12.10.010(a) is amended to read: 29
73	73	(a) Prosecution for the following offenses may be commenced at any time:
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75	75	(1) murder; 31 33-LS0830\B
76	76	HB0213a -3- HB 213
77	77	New Text Underlined [DELETED TEXT BRACKETED]
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79	79	(2) attempt, solicitation, or conspiracy to commit murder or hindering 1
80	80	the prosecution of murder; 2
81	81	(3) felony sexual abuse of a minor; 3
82	82	(4) sexual assault that is an unclassified, class A, or class B felony or a 4
83	83	violation of AS 11.41.425(a)(2) - (4); 5
84	84	(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 6
85	85	AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 7
86	86	who, at the time of the offense, was under 18 years of age; 8
87	87	(6) kidnapping; 9
88	88	(7) distribution of child pornography in violation of AS 11.61.125; 10
89	89	(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 11
90	90	unclassified, class A, or class B felony or that is committed against a person who, at 12
91	91	the time of the offense, was under 20 years of age; 13
92	92	(9) human trafficking in violation of AS 11.41.360 or 11.41.365; 14
93	93	(10) sterilization of a minor in violation of AS 11.41.240. 15