HB0066E -1- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
33-GH1482\N
SENATE CS FOR CS FOR HOUSE BILL NO. 66(JUD)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE SENATE JUDICIARY COMMITTEE
Offered: 5/3/24
Referred: Finance
Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
A BILL
FOR AN ACT ENTITLED
"An Act relating to criminal law and procedure; relating to homicide resulting from 1
conduct involving controlled substances; establishing the crime of assault in the 2
presence of a child; relating to the crime of stalking; changing the term 'child 3
pornography' to 'child sexual abuse material'; relating to misconduct involving a 4
controlled substance; relating to competency to stand trial; relating to victim restitution 5
and compensation; relating to sentencing; restricting the release of certain records of 6
convictions; relating to the duty to register as a sex offender; amending the definition of 7
'sex offense'; amending the definition of 'crime involving domestic violence'; relating to 8
multidisciplinary child protection teams; relating to involuntary civil commitments; 9
relating to victims' rights during certain civil commitment proceedings; amending Rule 10
6(s), Alaska Rules of Criminal Procedure; and providing for an effective date." 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 33-GH1482\N
SCS CSHB 66(JUD) -2- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 1
to read: 2
LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that, with the 3
state's rates of sexual assault and sexual abuse being some of the highest in the United States, 4
presenting evidence to a grand jury in state court should be similar to and not more difficult 5
than presenting evidence to a grand jury in federal court in the state. 6
(b) The legislature further finds that the Rights of Crime Victims in art. I, sec. 24, 7
Constitution of the State of Alaska, including the "right to be treated with dignity, respect, and 8
fairness during all phases of the criminal and juvenile justice process," supports allowing the 9
prosecution to present hearsay evidence to a grand jury, which is similar to the rules of federal 10
court in which the hearsay rules do not apply to grand jury proceedings. 11
(c) The legislature further finds that Rule 6(s), Alaska Rules of Criminal Procedure, 12
as amended by sec. 51 of this Act, is a response, in part, to the decision of the Alaska Court of 13
Appeals in State v. Powell, 487 P.3d 609 (Alaska App. 2021). 14
(d) It is the intent of the legislature to reduce barriers to employment for people who 15
have been convicted of low-level marijuana possession crimes that would be legal on 16
January 1, 2025. 17
* Sec. 2. AS 11.41.110 is amended to read: 18
Sec. 11.41.110. Murder in the second degree. (a) A person commits the 19
crime of murder in the second degree if 20
(1) with intent to cause serious physical injury to another person or 21
knowing that the conduct is substantially certain to cause death or serious physical 22
injury to another person, the person causes the death of any person; 23
(2) the person knowingly engages in conduct that results in the death 24
of another person under circumstances manifesting an extreme indifference to the 25
value of human life; 26
(3) under circumstances not amounting to murder in the first degree 27
under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 28
person commits or attempts to commit arson in the first degree, kidnapping, sexual 29
assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 30
in the first degree, sexual abuse of a minor in the second degree, burglary in the first 31 33-GH1482\N
HB0066E -3- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
degree, escape in the first or second degree, robbery in any degree, or misconduct 1
involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 2
or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 3
in immediate flight from that crime, any person causes the death of a person other than 4
one of the participants; 5
(4) acting with a criminal street gang, the person commits or attempts 6
to commit a crime that is a felony and, in the course of or in furtherance of that crime 7
or in immediate flight from that crime, any person causes the death of a person other 8
than one of the participants; [OR] 9
(5) the person with criminal negligence causes the death of a child 10
under the age of 16, and the person has been previously convicted of a crime involving 11
a child under the age of 16 that was 12
(A) a felony violation of AS 11.41; 13
(B) in violation of a law or ordinance in another jurisdiction 14
with elements similar to a felony under AS 11.41; or 15
(C) an attempt, a solicitation, or a conspiracy to commit a 16
crime listed in (A) or (B) of this paragraph; or 17
(6) the person knowingly manufactures or delivers a controlled 18
substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 19
direct result of ingestion of the controlled substance; the death is a result that 20
does not require a culpable mental state. 21
(b) Except as provided in (c) of this section, murder [MURDER] in the 22
second degree is an unclassified felony and is punishable as provided in AS 12.55. 23
* Sec. 3. AS 11.41.110 is amended by adding a new subsection to read: 24
(c) In a prosecution for murder in the second degree under (a)(6) of this 25
section, it is an affirmative defense that reduces the crime to a class A felony that, at 26
the time of the offense, 27
(1) the defendant sought, in good faith, medical or law enforcement 28
assistance for the other person; 29
(2) the defendant remained at the scene with the other person until 30
medical or law enforcement assistance arrived; 31 33-GH1482\N
SCS CSHB 66(JUD) -4- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(3) the defendant cooperated with medical or law enforcement 1
personnel, including by providing identification; and 2
(4) the offense involved small quantities of a controlled substance that 3
were not delivered for a profit. 4
* Sec. 4. AS 11.41.120(a) is amended to read: 5
(a) A person commits the crime of manslaughter if the person 6
(1) intentionally, knowingly, or recklessly causes the death of another 7
person under circumstances not amounting to murder in the first or second degree; 8
(2) intentionally aids another person to commit suicide; or 9
(3) knowingly manufactures or delivers a controlled substance in 10
violation of AS 11.71.030 [AS 11.71.010 - 11.71.030] or 11.71.040(a)(1) for schedule 11
IVA controlled substances, and another [A] person dies as a direct result of ingestion 12
of the controlled substance; the death is a result that does not require a culpable mental 13
state [; IN THIS PARAGRAPH, "INGESTION" MEANS VOLUNTARILY OR 14
INVOLUNTARILY TAKING A SUBSTANCE INTO THE BODY IN ANY 15
MANNER]. 16
* Sec. 5. AS 11.41.140 is amended to read: 17
Sec. 11.41.140. Definitions [DEFINITION]. In AS 11.41.100 - 11.41.140, 18
(1) "ingestion" means voluntarily or involuntarily taking a 19
substance into the body in any manner; 20
(2) "person" means, when referring to the victim of a crime, 21
[MEANS] a human being who has been born and was alive at the time of the criminal 22
act; a [. A] person is "alive" if there is spontaneous respiratory or cardiac function or, 23
when respiratory and cardiac functions are maintained by artificial means, there is 24
spontaneous brain function. 25
* Sec. 6. AS 11.41 is amended by adding a new section to read: 26
Sec. 11.41.240. Assault in the presence of a child. (a) A person commits the 27
crime of assault in the presence of a child if the person commits an assault under 28
AS 11.41.200 - 11.41.230 with reckless disregard that, at the time of the assault, a 29
child under 16 years of age is present in the dwelling, vehicle, or location where the 30
assault occurs. 31 33-GH1482\N
HB0066E -5- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
(b) In this section, "present" means physically present or within hearing of the 1
assault. 2
(c) Assault in the presence of a child is a class A misdemeanor. 3
* Sec. 7. AS 11.41.260(a) is amended to read: 4
(a) A person commits the crime of stalking in the first degree if the person 5
violates AS 11.41.270 and 6
(1) the actions constituting the offense are in violation of an order 7
issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 8
under former AS 25.35.010(b) or 25.35.020; 9
(2) the actions constituting the offense are in violation of a condition of 10
probation, release before trial, release after conviction, or parole; 11
(3) the victim is under 16 years of age; 12
(4) at any time during the course of conduct constituting the offense, 13
the defendant possessed a deadly weapon; 14
(5) the defendant has been previously convicted of a crime under this 15
section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 16
jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 17
AS 11.56.740; or 18
(6) the defendant has been previously convicted of a crime, or an 19
attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 20
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 21
law or an ordinance of this or another jurisdiction with elements similar to a crime, or 22
an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 23
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 24
involving the same victim as the present offense. 25
* Sec. 8. AS 11.61.125(a) is amended to read: 26
(a) A person commits the crime of distribution of child sexual abuse material 27
[PORNOGRAPHY] if the person distributes in this state or advertises, promotes, 28
solicits, or offers to distribute in this state any material that is proscribed under 29
AS 11.61.127. 30
* Sec. 9. AS 11.61.125(e) is amended to read: 31 33-GH1482\N
SCS CSHB 66(JUD) -6- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 1
(1) class B felony; or 2
(2) class A felony if the person has been previously convicted of 3
distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 4
a similar crime in this or another jurisdiction. 5
* Sec. 10. AS 11.61.127(a) is amended to read: 6
(a) A person commits the crime of possession of child sexual abuse material 7
[PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 8
computer with intent to view any material that visually depicts conduct described in 9
AS 11.41.455(a) knowing that the production of the material involved the use of a 10
child under 18 years of age who engaged in the conduct or a depiction of a part of an 11
actual child under 18 years of age who, by manipulation, creation, or modification, 12
appears to be engaged in the conduct. 13
* Sec. 11. AS 11.61.127(g) is amended to read: 14
(g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 15
C felony. 16
* Sec. 12. AS 11.66.100(c) is amended to read: 17
(c) A person may not be prosecuted under (a)(1) of this section if the 18
(1) person witnessed or was a victim of, and reported to law 19
enforcement in good faith, one or more of the following crimes: 20
(A) murder in the first degree under AS 11.41.100; 21
(B) murder in the second degree under AS 11.41.110; 22
(C) manslaughter under AS 11.41.120; 23
(D) criminally negligent homicide under AS 11.41.130; 24
(E) assault in the first degree under AS 11.41.200; 25
(F) assault in the second degree under AS 11.41.210; 26
(G) assault in the third degree under AS 11.41.220; 27
(H) assault in the fourth degree under AS 11.41.230; 28
(I) sexual assault in the first degree under AS 11.41.410; 29
(J) sexual assault in the second degree under AS 11.41.420; 30
(K) sexual assault in the third degree under AS 11.41.425; 31 33-GH1482\N
HB0066E -7- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
(L) sexual assault in the fourth degree under AS 11.41.427; 1
(M) sexual abuse of a minor in the first degree under 2
AS 11.41.434; 3
(N) sexual abuse of a minor in the second degree under 4
AS 11.41.436; 5
(O) sexual abuse of a minor in the third degree under 6
AS 11.41.438; 7
(P) sexual abuse of a minor in the fourth degree under 8
AS 11.41.440; 9
(Q) robbery in the first degree under AS 11.41.500; 10
(R) robbery in the second degree under AS 11.41.510; 11
(S) extortion under AS 11.41.520; 12
(T) coercion under AS 11.41.530; 13
(U) distribution of child sexual abuse material 14
[PORNOGRAPHY] under AS 11.61.125; 15
(V) possession of child sexual abuse material 16
[PORNOGRAPHY] under AS 11.61.127; 17
(W) sex trafficking in the first degree under AS 11.66.110; 18
(X) sex trafficking in the second degree under AS 11.66.120; 19
(Y) sex trafficking in the third degree under AS 11.66.130; or 20
(Z) sex trafficking in the fourth degree under AS 11.66.135; 21
(2) evidence supporting the prosecution under (a)(1) of this section 22
was obtained or discovered as a result of the person reporting the crime to law 23
enforcement; and 24
(3) person cooperated with law enforcement personnel. 25
* Sec. 13. AS 11.71.010(a) is amended to read: 26
(a) Except as authorized in AS 17.30, a person commits the crime of 27
misconduct involving a controlled substance in the first degree if the person 28
(1) delivers any amount of a schedule IA controlled substance to a 29
person under 19 years of age who is at least three years younger than the person 30
delivering the substance; 31 33-GH1482\N
SCS CSHB 66(JUD) -8- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(2) delivers any amount of a schedule IIA or IIIA controlled substance 1
to a person under 19 years of age who is at least three years younger than the person 2
delivering the substance; [OR] 3
(3) engages in a continuing criminal enterprise; or 4
(4) delivers any amount of a schedule IA, IIA, IIIA, or IVA 5
controlled substance to a person who is 6
(A) mentally incapable; 7
(B) incapacitated; or 8
(C) unaware that a controlled substance is being delivered. 9
* Sec. 14. AS 11.71.010(b) is amended to read: 10
(b) For purposes of this section, 11
(1) a person is engaged in a "continuing criminal enterprise" if 12
(A) [(1)] the person commits a violation of this chapter which 13
is punishable as a felony; and 14
(B) [(2)] that violation is a part of a continuing series of five or 15
more violations of this chapter 16
(i) [(A)] which the person undertakes in concert with at 17
least five other persons organized, supervised, or otherwise managed by 18
the person; and 19
(ii) [(B)] from which the person obtains substantial 20
income or resources; 21
(2) "incapacitated" has the meaning given in AS 11.41.470; 22
(3) "mentally incapable" has the meaning given in AS 11.41.470. 23
* Sec. 15. AS 11.71.021(a) is amended to read: 24
(a) Except as authorized in AS 17.30, a person commits the crime of 25
misconduct involving a controlled substance in the second degree if the person 26
(1) manufactures or delivers any amount of a schedule IA controlled 27
substance or possesses any amount of a schedule IA controlled substance with intent 28
to manufacture or deliver; 29
(2) manufactures or delivers any material, compound, mixture, or 30
preparation that contains 31 33-GH1482\N
HB0066E -9- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
(A) methamphetamine, or its salts, isomers, or salts of isomers; 1
or 2
(B) an immediate precursor of methamphetamine, or its salts, 3
isomers, or salts of isomers; 4
(3) possesses an immediate precursor of methamphetamine, or the 5
salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 6
with the intent to manufacture any material, compound, mixture, or preparation that 7
contains methamphetamine, or its salts, isomers, or salts of isomers; 8
(4) possesses a listed chemical with intent to manufacture any material, 9
compound, mixture, or preparation that contains 10
(A) methamphetamine, or its salts, isomers, or salts of isomers; 11
or 12
(B) an immediate precursor of methamphetamine, or its salts, 13
isomers, or salts of isomers; 14
(5) possesses methamphetamine in an organic solution with intent to 15
extract from it methamphetamine, or its salts, isomers, or salts of isomers; or 16
(6) under circumstances not proscribed under AS 11.71.010(a)(2), 17
delivers 18
(A) an immediate precursor of methamphetamine, or the salts, 19
isomers, or salts of isomers of the immediate precursor of methamphetamine, 20
to another person with reckless disregard that the precursor will be used to 21
manufacture any material, compound, mixture, or preparation that contains 22
methamphetamine, or its salts, isomers, or salts of isomers; or 23
(B) a listed chemical to another person with reckless disregard 24
that the listed chemical will be used to manufacture any material, compound, 25
mixture, or preparation that contains 26
(i) methamphetamine, or its salts, isomers, or salts of 27
isomers; 28
(ii) an immediate precursor of methamphetamine, or its 29
salts, isomers, or salts of isomers; or 30
(iii) methamphetamine, or its salts, isomers, or salts of 31 33-GH1482\N
SCS CSHB 66(JUD) -10- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
isomers in an organic solution. 1
* Sec. 16. AS 12.10.010(a) is amended to read: 2
(a) Prosecution for the following offenses may be commenced at any time: 3
(1) murder; 4
(2) attempt, solicitation, or conspiracy to commit murder or hindering 5
the prosecution of murder; 6
(3) felony sexual abuse of a minor; 7
(4) sexual assault that is an unclassified, class A, or class B felony or a 8
violation of AS 11.41.425(a)(2) - (4); 9
(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 10
AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 11
who, at the time of the offense, was under 18 years of age; 12
(6) kidnapping; 13
(7) distribution of child sexual abuse material [PORNOGRAPHY] in 14
violation of AS 11.61.125; 15
(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 16
unclassified, class A, or class B felony or that is committed against a person who, at 17
the time of the offense, was under 20 years of age; 18
(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 19
* Sec. 17. AS 12.47.070(a) is amended to read: 20
(a) If a defendant has filed a notice of intention to rely on the affirmative 21
defense of insanity under AS 12.47.010 or has filed notice under AS 12.47.020(a), or 22
there is reason to doubt the defendant's fitness to proceed, or there is reason to believe 23
that a mental disease or defect of the defendant will otherwise become an issue in the 24
case, the court shall appoint a qualified psychiatrist or psychologist [AT LEAST 25
TWO QUALIFIED PSYCHIATRISTS OR TWO FORENSIC PSYCHOLOGISTS 26
CERTIFIED BY THE AMERICAN BOARD OF FORENSIC PSYCHOLOGY] to 27
examine and report on [UPON] the mental condition of the defendant. If the court 28
appoints a psychiatrist [PSYCHIATRISTS], the psychiatrist [PSYCHIATRISTS] 29
may select psychologists to provide assistance. If the defendant has filed notice under 30
AS 12.47.090(a), the report shall consider whether the defendant can still be 31 33-GH1482\N
HB0066E -11- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
committed under AS 12.47.090(c). The court may order the defendant to be committed 1
to a secure facility for the purpose of the examination for not more than 60 days or for 2
a [SUCH] longer period as the court determines to be necessary for the purpose and 3
may direct that a qualified psychiatrist retained by the defendant be permitted to 4
witness and participate in the examination. 5
* Sec. 18. AS 12.47.100(b) is amended to read: 6
(b) If, before imposition of sentence, the prosecuting attorney or the attorney 7
for the defendant has reasonable cause to believe that the defendant is presently 8
suffering from a mental disease or defect that causes the defendant to be unable to 9
understand the proceedings or to assist in the person's own defense, the attorney may 10
file a motion for a judicial determination of the competency of the defendant. Upon 11
that motion, or upon its own motion, the court, if justified by findings of fact and 12
conclusions of law, shall have the defendant examined by at least one qualified 13
psychiatrist or psychologist, who shall report to the court concerning the competency 14
of the defendant. For the purpose of the examination, the court may order the 15
defendant committed for a reasonable period to a suitable hospital or other facility 16
designated by the court. If the report of the psychiatrist or psychologist indicates that 17
the defendant is incompetent, the court shall hold a hearing, upon due notice, at which 18
evidence as to the competency of the defendant may be submitted, including that of 19
the reporting psychiatrist or psychologist, and make appropriate findings. Before the 20
hearing, the court shall, upon request of the prosecuting attorney, order the defendant 21
to submit to an additional evaluation by a psychiatrist or psychologist designated by 22
the prosecuting attorney. 23
* Sec. 19. AS 12.47.100 is amended by adding new subsections to read: 24
(i) The court may order a defendant to be examined under this section at an 25
outpatient clinic or other facility as a condition of the defendant's release under 26
AS 12.30. In considering the conditions of a defendant's release under this subsection, 27
the court shall, in addition to any applicable requirement under AS 12.30, consider 28
(1) any medical information provided by the Department of Family 29
and Community Services; 30
(2) the defendant's mental condition; 31 33-GH1482\N
SCS CSHB 66(JUD) -12- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(3) the defendant's level of need for evaluation and treatment under 1
this chapter; 2
(4) the defendant's ability to participate in outpatient treatment; and 3
(5) the defendant's history of evaluation and treatment under this 4
chapter. 5
(j) If the defendant is charged with a felony offense against a person under 6
AS 11.41 or felony arson, a qualified psychiatrist or psychologist conducting an 7
examination under (b) of this section may, at the same time, evaluate the defendant to 8
determine whether the defendant meets the standards for involuntary commitment 9
under AS 47.30.700 - 47.30.915. 10
(k) In making findings of fact and conclusions of law under (b) of this section, 11
a court may rely on a defense attorney's representation. 12
* Sec. 20. AS 12.47.110 is amended by adding new subsections to read: 13
(f) The court may order a defendant to receive further evaluation and 14
treatment under (a) or (b) of this section at an outpatient clinic or other facility as a 15
condition of the defendant's release under AS 12.30. In considering the conditions of a 16
defendant's release under this subsection, the court shall, in addition to any applicable 17
requirement under AS 12.30, consider 18
(1) any medical information provided by the Department of Family 19
and Community Services; 20
(2) the defendant's mental condition; 21
(3) the defendant's level of need for evaluation and treatment under 22
this chapter; 23
(4) the defendant's ability to participate in outpatient treatment; and 24
(5) the defendant's history of evaluation and treatment under this 25
chapter. 26
(g) Before criminal charges against a defendant charged with a felony offense 27
against a person under AS 11.41 or felony arson are dismissed under (b) of this 28
section, the prosecutor shall 29
(1) file a petition seeking involuntary commitment of the defendant 30
under AS 47.30.706 before dismissal of the charges; 31 33-GH1482\N
HB0066E -13- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
(2) notify the division of the Department of Law that has responsibility 1
for civil cases of the petition within 24 hours after filing the petition; and 2
(3) provide the court's findings to the division of the Department of 3
Law that has responsibility for civil cases within 24 hours after the court's ruling. 4
* Sec. 21. AS 12.55.045(a) is amended to read: 5
(a) The court shall, when presented with credible evidence, unless the victim 6
or other person expressly declines restitution, order a defendant convicted of an 7
offense to make restitution as provided in this section, including restitution to the 8
victim or other person injured by the offense, to a public, private, or private nonprofit 9
organization that has provided or is or will be providing counseling, medical, or 10
shelter services to the victim or other person injured by the offense, or as otherwise 11
authorized by law. Restitution to a victim or other person injured by the offense 12
includes compensation for the value of lost income, child care, elder care, 13
transportation, and other expenses incurred during the victim's or other person's 14
participation in the investigation or prosecution of the offense or attendance at 15
court proceedings related to the offense. The court shall, when presented with 16
credible evidence, unless the victim expressly declines restitution, also order a 17
defendant convicted of an offense to compensate a victim that is a nonprofit 18
organization for the value of labor or goods provided by volunteers if the labor or 19
goods were necessary to alleviate or mitigate the effects of the defendant's crime. In 20
determining the amount and method of payment of restitution or compensation, the 21
court shall take into account the 22
(1) public policy that favors requiring criminals to compensate for 23
damages and injury, including loss of income, to their victims; and 24
(2) financial burden placed on the victim and those who provide 25
services to the victim and other persons injured by the offense as a result of the 26
criminal conduct of the defendant. 27
* Sec. 22. AS 12.55.125(c) is amended to read: 28
(c) Except as provided in (i) of this section, a defendant convicted of a class A 29
felony may be sentenced to a definite term of imprisonment of not more than 20 years, 30
and shall be sentenced to a definite term within the following presumptive ranges, 31 33-GH1482\N
SCS CSHB 66(JUD) -14- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
subject to adjustment as provided in AS 12.55.155 - 12.55.175: 1
(1) if the offense is a first felony conviction and does not involve 2
circumstances described in (2) of this subsection, four to seven years; 3
(2) if the offense is a first felony conviction 4
(A) and the defendant possessed a firearm, used a dangerous 5
instrument, or caused serious physical injury or death during the commission 6
of the offense, or knowingly directed the conduct constituting the offense at a 7
uniformed or otherwise clearly identified peace officer, firefighter, correctional 8
employee, emergency medical technician, paramedic, ambulance attendant, or 9
other emergency responder who was engaged in the performance of official 10
duties at the time of the offense, seven to 11 years; 11
(B) and the conviction is for manufacturing related to 12
methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 13
(i) the manufacturing occurred in a building with 14
reckless disregard that the building was used as a permanent or 15
temporary home or place of lodging for one or more children under 18 16
years of age or the building was a place frequented by children; or 17
(ii) in the course of manufacturing or in preparation for 18
manufacturing, the defendant obtained the assistance of one or more 19
children under 18 years of age or one or more children were present; 20
(C) and the conviction is for manufacturing or delivery 21
under AS 11.71.021(a)(1) related to a schedule IA controlled substance set 22
out in AS 11.71.140(c)(29) or under AS 11.71.021(a)(6) related to a 23
schedule IIA controlled substance set out in AS 11.71.150(e)(2), four to 11 24
years; 25
(3) if the offense is a second felony conviction, 10 to 14 years; 26
(4) if the offense is a third felony conviction and the defendant is not 27
subject to sentencing under (l) of this section, 15 to 20 years. 28
* Sec. 23. AS 12.55.125(i) is amended to read: 29
(i) A defendant convicted of 30
(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 31 33-GH1482\N
HB0066E -15- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 1
under AS 11.41.455(c)(2), or sex trafficking in the first degree under 2
AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 3
than 99 years and shall be sentenced to a definite term within the following 4
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 5
(A) if the offense is a first felony conviction, the offense does 6
not involve circumstances described in (B) of this paragraph, and the victim 7
was 8
(i) less than 13 years of age, 25 to 35 years; 9
(ii) 13 years of age or older, 20 to 30 years; 10
(B) if the offense is a first felony conviction and the defendant 11
possessed a firearm, used a dangerous instrument, or caused serious physical 12
injury during the commission of the offense, 25 to 35 years; 13
(C) if the offense is a second felony conviction and does not 14
involve circumstances described in (D) of this paragraph, 30 to 40 years; 15
(D) if the offense is a second felony conviction and the 16
defendant has a prior conviction for a sexual felony, 35 to 45 years; 17
(E) if the offense is a third felony conviction and the defendant 18
is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 19
to 60 years; 20
(F) if the offense is a third felony conviction, the defendant is 21
not subject to sentencing under (l) of this section, and the defendant has two 22
prior convictions for sexual felonies, 99 years; 23
(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 24
unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 25
under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 26
in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 27
minor in the first degree, or sex trafficking in the first degree under 28
AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 29
than 99 years and shall be sentenced to a definite term within the following 30
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 31 33-GH1482\N
SCS CSHB 66(JUD) -16- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(A) if the offense is a first felony conviction, the offense does 1
not involve circumstances described in (B) of this paragraph, and the victim 2
was 3
(i) under 13 years of age, 20 to 30 years; 4
(ii) 13 years of age or older, 15 to 30 years; 5
(B) if the offense is a first felony conviction and the defendant 6
possessed a firearm, used a dangerous instrument, or caused serious physical 7
injury during the commission of the offense, 25 to 35 years; 8
(C) if the offense is a second felony conviction and does not 9
involve circumstances described in (D) of this paragraph, 25 to 35 years; 10
(D) if the offense is a second felony conviction and the 11
defendant has a prior conviction for a sexual felony, 30 to 40 years; 12
(E) if the offense is a third felony conviction, the offense does 13
not involve circumstances described in (F) of this paragraph, and the defendant 14
is not subject to sentencing under (l) of this section, 35 to 50 years; 15
(F) if the offense is a third felony conviction, the defendant is 16
not subject to sentencing under (l) of this section, and the defendant has two 17
prior convictions for sexual felonies, 99 years; 18
(3) sexual assault in the second degree, sexual abuse of a minor in the 19
second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 20
first degree under AS 11.41.458(b)(2), distribution of child sexual abuse material 21
[PORNOGRAPHY] under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation 22
to commit sexual assault in the first degree under AS 11.41.410(a)(1)(B) may be 23
sentenced to a definite term of imprisonment of not more than 99 years and shall be 24
sentenced to a definite term within the following presumptive ranges, subject to 25
adjustment as provided in AS 12.55.155 - 12.55.175: 26
(A) if the offense is a first felony conviction, five to 15 years; 27
(B) if the offense is a second felony conviction and does not 28
involve circumstances described in (C) of this paragraph, 10 to 25 years; 29
(C) if the offense is a second felony conviction and the 30
defendant has a prior conviction for a sexual felony, 15 to 30 years; 31 33-GH1482\N
HB0066E -17- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
(D) if the offense is a third felony conviction and does not 1
involve circumstances described in (E) of this paragraph, 20 to 35 years; 2
(E) if the offense is a third felony conviction and the defendant 3
has two prior convictions for sexual felonies, 99 years; 4
(4) sexual assault in the third degree, sexual abuse of a minor in the 5
third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 6
AS 11.41.458(b)(1), indecent viewing or production of a picture under 7
AS 11.61.123(f)(1) or (2), possession of child sexual abuse material 8
[PORNOGRAPHY], distribution of child sexual abuse material [PORNOGRAPHY] 9
under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual 10
assault in the second degree, sexual abuse of a minor in the second degree, unlawful 11
exploitation of a minor, or distribution of child sexual abuse material 12
[PORNOGRAPHY], may be sentenced to a definite term of imprisonment of not more 13
than 99 years and shall be sentenced to a definite term within the following 14
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 15
(A) if the offense is a first felony conviction and does not 16
involve the circumstances described in (B) or (C) of this paragraph, two to 12 17
years; 18
(B) if the offense is a first felony conviction under 19
AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 20
paragraph, four to 12 years; 21
(C) if the offense is a first felony conviction under 22
AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 23
a mechanism for multi-party sharing or distribution of child sexual abuse 24
material [PORNOGRAPHY], or received a financial benefit or had a financial 25
interest in a child sexual abuse material [PORNOGRAPHY] sharing or 26
distribution mechanism, six to 14 years; 27
(D) if the offense is a second felony conviction and does not 28
involve circumstances described in (E) of this paragraph, eight to 15 years; 29
(E) if the offense is a second felony conviction and the 30
defendant has a prior conviction for a sexual felony, 12 to 20 years; 31 33-GH1482\N
SCS CSHB 66(JUD) -18- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(F) if the offense is a third felony conviction and does not 1
involve circumstances described in (G) of this paragraph, 15 to 25 years; 2
(G) if the offense is a third felony conviction and the defendant 3
has two prior convictions for sexual felonies, 99 years. 4
* Sec. 24. AS 12.55.127(d) is amended to read: 5
(d) If the defendant is being sentenced for two or more crimes of distribution 6
of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 7
of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 8
distribution of indecent material to minors under AS 11.61.128, a consecutive term of 9
imprisonment shall be imposed for some additional term of imprisonment for each 10
additional crime or each additional attempt or solicitation to commit the offense. 11
* Sec. 25. AS 12.55.185(16) is amended to read: 12
(16) "sexual felony" means sexual assault in the first degree, sexual 13
abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 14
the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 15
minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 16
indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), 17
distribution of child sexual abuse material [PORNOGRAPHY], sexual assault in the 18
third degree, incest, indecent exposure in the first degree, possession of child sexual 19
abuse material [PORNOGRAPHY], enticement of a minor, and felony attempt, 20
conspiracy, or solicitation to commit those crimes; 21
* Sec. 26. AS 12.62.160(b) is amended to read: 22
(b) Subject to the requirements of this section, and except as otherwise limited 23
or prohibited by other provision of law or court rule, criminal justice information 24
(1) may be provided to a person when, and only to the extent, 25
necessary to avoid imminent danger to life or extensive damage to property; 26
(2) may be provided to a person to the extent required by applicable 27
court rules or under an order of a court of this state, another state, or the United States; 28
(3) may be provided to a person if the information is commonly or 29
traditionally provided by criminal justice agencies in order to identify, locate, or 30
apprehend fugitives or wanted persons or to recover stolen property, or for public 31 33-GH1482\N
HB0066E -19- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
reporting of recent arrests, charges, and other criminal justice activity; 1
(4) may be provided to a criminal justice agency for a criminal justice 2
activity; 3
(5) may be provided to a government agency when necessary for 4
enforcement of or for a purpose specifically authorized by state or federal law; 5
(6) may be provided to a person specifically authorized by a state or 6
federal law to receive that information; 7
(7) in aggregate form may be released to a qualified person, as 8
determined by the agency, for criminal justice research, subject to written conditions 9
that assure the security of the information and the privacy of individuals to whom the 10
information relates; 11
(8) may be provided to a person for any purpose, except that 12
information may not be released if the information is nonconviction information, [OR] 13
correctional treatment information, or criminal justice information as described in 14
(f) of this section; 15
(9) including information relating to a serious offense, may be 16
provided to an interested person if the information is requested for the purpose of 17
determining whether to grant a person supervisory or disciplinary power over a minor 18
or dependent adult; and 19
(10) may be provided to the person who is the subject of the 20
information. 21
* Sec. 27. AS 12.62.160 is amended by adding a new subsection to read: 22
(f) An agency may not release criminal justice information of a criminal case 23
in which the defendant 24
(1) was convicted under AS 11.71.060, or a municipal ordinance with 25
similar elements, for possession of less than one ounce of a schedule VIA controlled 26
substance; 27
(2) was 21 years of age or older at the time of commission of the 28
offense; 29
(3) was not convicted of any other criminal charges in that case; and 30
(4) requests that the agency not release the records. 31 33-GH1482\N
SCS CSHB 66(JUD) -20- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
* Sec. 28. AS 12.63.010(b) is amended to read: 1
(b) A sex offender or child kidnapper required to register under (a) of this 2
section shall register with the Department of Corrections if the sex offender or child 3
kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 4
police department located nearest to where the sex offender or child kidnapper resides 5
at the time of registration. To fulfill the registration requirement, the sex offender or 6
child kidnapper shall 7
(1) complete a registration form that includes the following 8
information, if applicable: [, AT A MINIMUM,] 9
(A) the sex offender's or child kidnapper's full name, mailing 10
and physical addresses, school address, telephone numbers used by the sex 11
offender or child kidnapper, social security number, passport 12
information, citizenship status, physical address of employment, name of 13
employer, job title [PLACE OF EMPLOYMENT], and date of birth; 14
(B) each conviction for a sex offense or child kidnapping for 15
which the duty to register has not terminated under AS 12.63.020, the date of 16
the sex offense or child kidnapping convictions, the place and court of the sex 17
offense or child kidnapping convictions, and whether the sex offender or child 18
kidnapper has been unconditionally discharged from the conviction for a sex 19
offense or child kidnapping and the date of the unconditional discharge; if the 20
sex offender or child kidnapper asserts that the offender or kidnapper has been 21
unconditionally discharged, the offender or kidnapper shall supply proof of 22
that discharge acceptable to the department; 23
(C) all aliases used; 24
(D) the sex offender's or child kidnapper's driver's license 25
number; 26
(E) the description, license numbers, and vehicle identification 27
numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 28
recreational vehicles, the sex offender or child kidnapper has access to, 29
regardless of whether that access is regular or not; 30
(F) any identifying features of the sex offender or child 31 33-GH1482\N
HB0066E -21- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
kidnapper; 1
(G) anticipated changes of address and any temporary 2
lodging used by the sex offender or child kidnapper for seven days or 3
more; 4
(H) a statement concerning whether the offender or kidnapper 5
has had treatment for a mental abnormality or personality disorder since the 6
date of conviction for an offense requiring registration under this chapter; 7
[AND] 8
(I) each electronic mail address, instant messaging address, and 9
other Internet communication identifier used by the sex offender or child 10
kidnapper; and 11
(J) professional licensing information; 12
(2) allow the Alaska state troopers, Department of Corrections, [OR] 13
municipal police, or any peace officer to take a complete set of the sex offender's or 14
child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 15
kidnapper's photograph. 16
* Sec. 29. AS 12.63.010(d) is amended to read: 17
(d) A sex offender or child kidnapper required to register 18
(1) for 15 years under (a) of this section and AS 12.63.020 shall, 19
annually, during the term of a duty to register under AS 12.63.020, on a date set by the 20
department at the time of the sex offender's or child kidnapper's initial registration, 21
provide written verification to the department, in the manner required by the 22
department, of the information provided under (b)(1) of this section [SEX 23
OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 24
the information previously provided under (b)(1) of this section; 25
(2) for life under (a) of this section and AS 12.63.020 shall, not less 26
than quarterly, on a date set by the department, provide written verification to the 27
department, in the manner required by the department, of the information provided 28
under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 29
ADDRESS] and notice of any changes to the information previously provided under 30
(b)(1) of this section. 31 33-GH1482\N
SCS CSHB 66(JUD) -22- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
* Sec. 30. AS 12.63.010 is amended by adding new subsections to read: 1
(g) If a sex offender or child kidnapper plans to leave the state after having 2
registered under (a) of this section, the sex offender or child kidnapper shall provide to 3
the department or a municipal police department in the state written notice of the plan 4
to leave the state at least seven calendar days before leaving the state. If a sex offender 5
or child kidnapper plans to leave the state for international travel after having 6
registered under (a) of this section, the sex offender or child kidnapper shall provide to 7
the department or a municipal police department in the state written notice of the plan 8
for any intended travel outside the United States at least 21 days before leaving the 9
state for international travel. 10
(h) If a sex offender or child kidnapper is away from the physical address 11
provided to the department under (b)(1)(A) of this section for a period of seven days 12
or more, the sex offender or child kidnapper shall notify the department in writing of 13
the address being used by the sex offender or child kidnapper while away from the 14
physical address provided under (b)(1)(A) of this section. 15
* Sec. 31. AS 12.63.020(a) is amended to read: 16
(a) The duty of a sex offender or child kidnapper to comply with the 17
requirements of AS 12.63.010 is as follows: 18
(1) for a sex offender or child kidnapper, as that term is defined in 19
AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 20
(A) continues for the lifetime of a sex offender or child 21
kidnapper convicted of 22
(i) one aggravated sex offense; or 23
(ii) two or more sex offenses, two or more child 24
kidnappings, or one sex offense and one child kidnapping; for purposes 25
of this section, a person convicted of indecent exposure before a person 26
under 16 years of age under AS 11.41.460 more than two times has 27
been convicted of two or more sex offenses; 28
(B) ends 15 years following the sex offender's or child 29
kidnapper's unconditional discharge from a conviction for a single sex offense 30
that is not an aggravated sex offense or for a single child kidnapping if the sex 31 33-GH1482\N
HB0066E -23- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
offender or child kidnapper has supplied proof that is acceptable to the 1
department of the unconditional discharge; the registration period under this 2
subparagraph 3
(i) is tolled for the period [EACH YEAR] that a sex 4
offender or child kidnapper fails to comply with the requirements of 5
this chapter or is incarcerated for the offense or kidnapping for which 6
the offender or kidnapper is required to register or for any other 7
offense; 8
(ii) may include the time a sex offender or child 9
kidnapper was absent from this state if the sex offender or child 10
kidnapper has complied with any sex offender or child kidnapper 11
registration requirements of the jurisdiction in which the offender or 12
kidnapper was located and if the sex offender or child kidnapper 13
provides the department with proof of the compliance while the sex 14
offender or child kidnapper was absent from this state; and 15
(iii) continues for a sex offender or child kidnapper who 16
has not supplied proof acceptable to the department of the offender's or 17
kidnapper's unconditional discharge for the sex offense or child 18
kidnapping requiring registration; 19
(2) for a sex offender or child kidnapper, as that term is defined in 20
AS 12.63.100(6)(B), the duty continues for the period determined by the department 21
under (b) of this section. 22
* Sec. 32. AS 12.63.100(7) is amended to read: 23
(7) "sex offense" means 24
(A) a crime under AS 11.41.100(a)(3), or a similar law of 25
another jurisdiction, in which the person committed or attempted to commit a 26
sexual offense, or a similar offense under the laws of the other jurisdiction; in 27
this subparagraph, "sexual offense" has the meaning given in 28
AS 11.41.100(a)(3); 29
(B) a crime under AS 11.41.110(a)(3), or a similar law of 30
another jurisdiction, in which the person committed or attempted to commit 31 33-GH1482\N
SCS CSHB 66(JUD) -24- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
one of the following crimes, or a similar law of another jurisdiction: 1
(i) sexual assault in the first degree; 2
(ii) sexual assault in the second degree; 3
(iii) sexual abuse of a minor in the first degree; or 4
(iv) sexual abuse of a minor in the second degree; 5
(C) a crime, or an attempt, solicitation, or conspiracy to commit 6
a crime, under the following statutes or a similar law of another jurisdiction: 7
(i) AS 11.41.410 - 11.41.438; 8
(ii) AS 11.41.440(a)(2); 9
(iii) AS 11.41.450 - 11.41.458; 10
(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 11
exposure is before a person under 16 years of age and the offender has 12
previously been convicted under AS 11.41.460 or AS 26.05.900(c); 13
(v) AS 11.61.125 - 11.61.128; 14
(vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 15
AS 26.05.900(b) if the person who was induced or caused to engage in 16
prostitution was under 20 years of age at the time of the offense; 17
(vii) former AS 11.15.120, former 11.15.134, or assault 18
with the intent to commit rape under former AS 11.15.160, former 19
AS 11.40.110, or former 11.40.200; 20
(viii) AS 11.61.118(a)(2) if the offender has a previous 21
conviction for that offense; 22
(ix) AS 11.66.100(a)(2) if the offender is subject to 23
punishment under AS 11.66.100(e); 24
(x) AS 26.05.890 if the person engaged in sexual 25
penetration or sexual contact with the victim; 26
(xi) AS 26.05.890 if, at the time of the offense, the 27
victim is under a duty to obey the lawful orders of the offender, 28
regardless of whether the offender is in the direct chain of command 29
over the victim; 30
(xii) AS 26.05.893 if the person engaged in sexual 31 33-GH1482\N
HB0066E -25- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
penetration or sexual contact with the victim; 1
(xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 2
victim is under 18 years of age at the time of the offense; 3
(xiv) AS 26.05.900 if, at the time of the offense, the 4
victim is under a duty to obey the lawful orders of the offender, 5
regardless of whether the offender is in the direct chain of command 6
over the victim; [OR] 7
(xv) AS 11.61.123 if the offender is subject to 8
punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 9
(2)]; 10
(xvi) AS 11.61.130(a)(2); or 11
(xvii) AS 11.66.110 and 11.66.120; 12
(D) an offense, or an attempt, solicitation, or conspiracy to 13
commit an offense, under AS 26.05.935(b), or a similar law of another 14
jurisdiction, if the member of the militia commits one of the following 15
enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 16
Code of Military Justice): 17
(i) child sexual abuse material [PORNOGRAPHY]; or 18
(ii) pandering and prostitution if the person who is 19
induced, enticed, caused, or procured to engage in a sexual act is under 20
20 years of age at the time of the offense; or 21
(E) an offense in which the person is required to register as a 22
sex offender under the laws of another jurisdiction; 23
* Sec. 33. AS 15.80.010(10) is amended to read: 24
(10) "felony involving moral turpitude" includes those crimes that are 25
immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 26
sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 27
coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 28
forgery device, offering a false instrument for recording, scheme to defraud, falsifying 29
business records, commercial bribe receiving, commercial bribery, bribery, receiving a 30
bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 31 33-GH1482\N
SCS CSHB 66(JUD) -26- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
escape, promoting contraband, interference with official proceedings, receiving a bribe 1
by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 2
evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 3
explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 4
misconduct involving a controlled substance or an imitation controlled substance, 5
permitting an escape, promoting gambling, possession of gambling records, 6
distribution of child sexual abuse material [PORNOGRAPHY], and possession of 7
child sexual abuse material [PORNOGRAPHY]; 8
* Sec. 34. AS 18.66.990(3) is amended to read: 9
(3) "domestic violence" and "crime involving domestic violence" mean 10
one or more of the following offenses or an offense under a law or ordinance of 11
another jurisdiction having elements similar to these offenses, or an attempt to commit 12
the offense, by a household member against another household member: 13
(A) a crime against the person under AS 11.41; 14
(B) burglary under AS 11.46.300 - 11.46.310; 15
(C) criminal trespass under AS 11.46.320 - 11.46.330; 16
(D) arson or criminally negligent burning under AS 11.46.400 - 17
11.46.430; 18
(E) criminal mischief under AS 11.46.475 - 11.46.486; 19
(F) terrorist threatening under AS 11.56.807 or 11.56.810; 20
(G) violating a protective order under AS 11.56.740(a)(1); 21
(H) harassment under AS 11.61.120(a)(2) - (4) or (6); [OR] 22
(I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 23
a pet; 24
(J) interfering with a report of a crime involving domestic 25
violence under AS 11.56.745 if the person interfering with the report is the 26
person who committed the underlying crime involving domestic violence; 27
or 28
(K) unlawful contact under AS 11.56.750 or 11.56.755; 29
* Sec. 35. AS 28.15.046(c) is amended to read: 30
(c) The department may not issue a license under this section to an applicant 31 33-GH1482\N
HB0066E -27- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
(1) who has been convicted of any of the following offenses: 1
(A) a violation, or an attempt, solicitation, or conspiracy to 2
commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 3
11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 4
(B) a felony violation of endangering the welfare of a child in 5
the first degree under AS 11.51.100; 6
(C) felony indecent viewing or production of a picture under 7
AS 11.61.123; 8
(D) distribution of child sexual abuse material 9
[PORNOGRAPHY] under AS 11.61.125; 10
(E) possession of child sexual abuse material 11
[PORNOGRAPHY] under AS 11.61.127; 12
(F) distribution of indecent material to minors under 13
AS 11.61.128; 14
(G) felony prostitution under AS 11.66.100(e); 15
(H) sex trafficking in the first, second, or third degree under 16
AS 11.66.110 - 11.66.130; 17
(I) a felony involving distribution of a controlled substance 18
under AS 11.71 or imitation controlled substance under AS 11.73; 19
(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 20
or 21
(2) who has been convicted of any of the following offenses and less 22
than two years have elapsed since the applicant's date of conviction for the offense: 23
(A) assault in the fourth degree under AS 11.41.230; 24
(B) reckless endangerment under AS 11.41.250; 25
(C) contributing to the delinquency of a minor under 26
AS 11.51.130; 27
(D) misdemeanor prostitution under AS 11.66.100(a)(2); 28
(E) a misdemeanor violation of endangering the welfare of a 29
child in the first degree under AS 11.51.100. 30
* Sec. 36. AS 47.12.110(d) is amended to read: 31 33-GH1482\N
SCS CSHB 66(JUD) -28- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 1
the adjudication of a minor as a delinquent shall be open to the public, except as 2
prohibited or limited by order of the court, if 3
(1) the department files with the court a motion asking the court to 4
open the hearing to the public, and the petition seeking adjudication of the minor as a 5
delinquent is based on 6
(A) the minor's alleged commission of an offense, and the 7
minor has knowingly failed to comply with all the terms and conditions 8
required of the minor by the department or imposed on the minor in a court 9
order entered under AS 47.12.040(a)(2) or 47.12.120; 10
(B) the minor's alleged commission of 11
(i) a crime against a person that is punishable as a 12
felony; 13
(ii) a crime in which the minor employed a deadly 14
weapon, as that term is defined in AS 11.81.900(b), in committing the 15
crime; 16
(iii) arson under AS 11.46.400 - 11.46.410; 17
(iv) burglary under AS 11.46.300; 18
(v) distribution of child sexual abuse material 19
[PORNOGRAPHY] under AS 11.61.125; 20
(vi) sex trafficking in the first degree under 21
AS 11.66.110; or 22
(vii) misconduct involving a controlled substance under 23
AS 11.71 involving the delivery of a controlled substance or the 24
possession of a controlled substance with intent to deliver, other than 25
an offense under AS 11.71.040 or 11.71.050; or 26
(C) the minor's alleged commission of a felony and the minor 27
was 16 years of age or older at the time of commission of the offense when the 28
minor has previously been convicted or adjudicated a delinquent minor based 29
on the minor's commission of an offense that is a felony; or 30
(2) the minor agrees to a public hearing on the petition seeking 31 33-GH1482\N
HB0066E -29- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
adjudication of the minor as a delinquent. 1
* Sec. 37. AS 47.12.315(a) is amended to read: 2
(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 3
section, the department shall disclose information to the public, on request, concerning 4
a minor subject to this chapter who was at least 13 years of age at the time of 5
commission of 6
(1) a felony offense against a person under AS 11.41; 7
(2) arson in the first or second degree; 8
(3) burglary in the first degree; 9
(4) distribution of child sexual abuse material [PORNOGRAPHY]; 10
(5) sex trafficking in the first degree; 11
(6) misconduct involving a controlled substance in the first, second, or 12
third degrees involving distribution or possession with intent to deliver; or 13
(7) misconduct involving weapons in the first through fourth degrees. 14
* Sec. 38. AS 47.14.300(a) is amended to read: 15
(a) The department, a state or municipal agency with expertise in child abuse 16
or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 17
as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act 18
of 1994) with expertise in child abuse or neglect, in partnership with the department, 19
may facilitate the initial establishment of a multidisciplinary child protection team. 20
The purpose of a team is to assist in the evaluation and investigation of reports of child 21
abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 22
department or a law enforcement agency; to assist in the evaluation and 23
investigation of reports of sexual contact or sexual penetration, as defined in 24
AS 11.81.900(b), occurring between children under 13 years of age; and to provide 25
consultation and coordination for agencies involved in child-in-need-of-aid cases 26
under AS 47.10. The multidisciplinary child protection teams shall 27
(1) ensure that investigations involving child abuse or neglect are 28
coordinated and conducted by trained investigators; 29
(2) take and recommend steps to avoid duplicative interviews of 30
children; 31 33-GH1482\N
SCS CSHB 66(JUD) -30- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(3) assist in the reduction of trauma to a child and family involved in 1
an investigation of child abuse or neglect; and 2
(4) review records, provide consultation, and make recommendations 3
to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 4
the team by a team member. 5
* Sec. 39. AS 47.30 is amended by adding a new section to read: 6
Sec. 47.30.706. Detention for evaluation after finding of incompetence. (a) 7
If a person who has been charged with a felony offense against a person under 8
AS 11.41 or felony arson has been found incompetent to proceed under AS 12.47, 9
before the charges are dismissed, an attorney with the Department of Law shall 10
petition a court to have the person delivered to the nearest evaluation facility for an 11
evaluation under AS 47.30.710. 12
(b) Upon receiving a petition under (a) of this section, a court shall, unless the 13
presumption in (d) of this section has been successfully rebutted, issue an ex parte 14
order orally or in writing stating that there is probable cause to believe the respondent 15
is mentally ill and that condition causes the respondent to present a likelihood of 16
serious harm to self or others. The court shall appoint an attorney to represent the 17
respondent and may direct that a peace officer take the respondent into custody and 18
deliver the respondent to the nearest appropriate facility for evaluation. The ex parte 19
order shall be provided to the respondent and made a part of the respondent's clinical 20
record. The court shall set a date, time, and place for a 30-day commitment hearing, to 21
be held within 72 hours after the respondent's arrival at the evaluation facility. The 22
court shall confirm an oral order in writing within 24 hours after it is issued. 23
(c) A respondent taken into custody for evaluation under this section may not 24
be placed in a jail or other correctional facility except for protective custody purposes 25
and only while awaiting transportation to an evaluation facility. 26
(d) A defendant charged with a felony offense against a person under 27
AS 11.41 or felony arson and found to be incompetent to proceed under AS 12.47.100 28
is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to 29
self or others. In evaluating whether a defendant is likely to cause serious harm under
30
this section, the court may consider the conduct with which the defendant was 31 33-GH1482\N
HB0066E -31- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
originally charged as evidence of recent behavior, regardless of any time spent in 1
custody. 2
* Sec. 40. AS 47.30.710(a) is amended to read: 3
(a) A respondent who is delivered under AS 47.30.700 - 47.30.706 4
[AS 47.30.700 - 47.30.705] to an evaluation facility for [EMERGENCY] examination 5
and treatment shall be examined and evaluated as to mental and physical condition by 6
a mental health professional and by a physician within 24 hours after arrival at the 7
facility. 8
* Sec. 41. AS 47.30.715 is repealed and reenacted to read: 9
Sec. 47.30.715. Procedure after order. (a) After the court grants an ex parte 10
order authorizing hospitalization for evaluation, the department shall immediately 11
transport a person who is detained at a medical or other facility, including a 12
correctional facility, to a crisis residential center or evaluation facility for an 13
evaluation. 14
(b) A person being detained while awaiting transportation to a crisis 15
residential center or evaluation facility may request a court hearing to review the 16
detention at any time. The hearing shall be held not later than 72 hours after the 17
request is filed. When the court rules on a request for review of the detention pending 18
transportation, the court shall consider the factors listed in (d) of this section. 19
(c) A person may not be detained for more than seven days while awaiting 20
transportation to a crisis residential center or evaluation facility; however, the 21
department or a facility detaining a person under AS 47.30.700 - 47.30.815 may file a 22
request to extend the detention based on the person continuing to meet the standards 23
for commitment under AS 47.30.700 and the need for a continued hold. The request 24
must be supported by the verified or certified statement of a mental health professional 25
and be served on the respondent, the respondent's attorney, and the division of the 26
Department of Law that has responsibility for civil cases. When the court decides a 27
request to extend the detention pending transportation, the court shall consider the 28
factors identified in (d) of this section. 29
(d) When ruling on a request to review or extend detention, the court shall 30
consider the totality of the circumstances, including 31 33-GH1482\N
SCS CSHB 66(JUD) -32- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(1) the length of time the person has been detained; 1
(2) the reason the person has not yet been transported; 2
(3) the person's current medical and psychiatric condition; 3
(4) whether the person is gravely disabled or is likely to cause serious 4
harm to self or others; and 5
(5) whether the person is receiving treatment at the person's current 6
placement. 7
(e) The court shall schedule a hearing to decide a request for review under (b) 8
of this section or a request to extend detention under (c) of this section. The hearing 9
shall be held not later than 72 hours after the request for review or the request to 10
extend detention, as applicable. If a hearing is held after expiration of the seven-day 11
detention period, the detention shall be extended until the hearing. 12
(f) Regardless of whether a request to extend the respondent's detention has 13
been filed, if at any time in the course of the detention a mental health professional at 14
the detaining facility determines that the person does not meet the standards for 15
commitment under AS 47.30.700, the respondent shall be released and the facility 16
shall notify the petitioner, the respondent's attorney, the division of the Department of 17
Law that has responsibility for civil cases, and the court. 18
(g) When an evaluation facility receives a proper order for evaluation, it shall 19
accept the order and the respondent for an evaluation period not to exceed 72 hours. 20
The evaluation facility shall promptly notify the court of the date and time of the 21
respondent's arrival. The court shall set a date, time, and place for a 30-day 22
commitment hearing, to be held if needed within 72 hours after the respondent's 23
arrival, and the court shall notify the evaluation facility, the respondent, the 24
respondent's guardian, if any, the respondent's attorney, the petitioner's attorney, if 25
any, and the attorney general of the time and place of the hearing. Evaluation 26
personnel, when used, shall similarly notify the court of the date and time when they 27
first met with the respondent. 28
* Sec. 42. AS 47.30.725 is amended by adding new subsections to read: 29
(g) If a criminal charge of a felony offense against a person under AS 11.41 or 30
felony arson against a respondent has been dismissed under AS 12.47.110 and the 31 33-GH1482\N
HB0066E -33- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
respondent is detained for evaluation or committed under AS 47.30.700 - 47.30.915, 1
(1) the Department of Law shall notify a victim in the dismissed 2
criminal case 3
(A) of the time and place of a hearing under AS 47.30.700 - 4
47.30.915; 5
(B) of the length of time for which the respondent is committed 6
and findings of fact made by the court; and 7
(C) when the respondent is discharged from commitment; and 8
(2) a victim in the dismissed criminal case may attend a hearing under 9
AS 47.30.700 - 47.30.915, but may not disclose confidential information from the 10
hearing. 11
(h) Subsection (g) of this section may not be construed to give a victim in a 12
dismissed criminal case the right to access a record that is confidential under 13
AS 47.30.845. 14
* Sec. 43. AS 47.30 is amended by adding a new section to read: 15
Sec. 47.30.727. Provision of records and notice following a finding of 16
incompetency in a criminal case. (a) Within 30 days after a respondent has been 17
found incompetent to proceed under AS 12.47.110 and committed under AS 47.30.700 18
- 47.30.915, and every 30 days thereafter until the civil commitment case has 19
concluded, the division of the Department of Law that has responsibility for civil cases 20
shall provide all information and records obtained during the civil commitment to the 21
division of the Department of Law that has responsibility for criminal cases. 22
(b) Records disclosed to the division of the Department of Law that has 23
responsibility for criminal cases under (a) of this section are confidential and may not 24
be disclosed to anyone unless disclosure is required by a court order or the respondent 25
provides written consent to the disclosure. If the records are used in the criminal 26
proceeding, the moving party shall file the records as confidential documents. 27
(c) A facility housing a respondent found incompetent to proceed under 28
AS 12.47.110 and committed under AS 47.30.700 - 47.30.915 shall provide notice to 29
the prosecutor in the criminal case of all hearings scheduled by the court in the civil 30
commitment case. The prosecutor, or a staff member of the prosecutor's office, may 31 33-GH1482\N
SCS CSHB 66(JUD) -34- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
attend a hearing in the civil commitment case but may not participate in the hearing as 1
a party. 2
* Sec. 44. AS 47.30.735(b) is amended to read: 3
(b) The hearing shall be conducted in a physical setting least likely to have a 4
harmful effect on the mental or physical health of the respondent, within practical 5
limits. At the hearing, in addition to other rights specified in AS 47.30.660 - 6
47.30.915, the respondent has the right 7
(1) to be present at the hearing; this right may be waived only with the 8
respondent's informed consent; if the respondent is incapable of giving informed 9
consent, the respondent may be excluded from the hearing only if the court, after 10
hearing, finds that the incapacity exists and that there is a substantial likelihood that 11
the respondent's presence at the hearing would be severely injurious to the 12
respondent's mental or physical health; 13
(2) to view and copy all petitions and reports in the court file of the 14
respondent's case; 15
(3) to have the hearing open or closed to the public as the respondent 16
elects, except that, if the respondent was charged with a felony offense against a 17
person under AS 11.41 or felony arson and the criminal case was dismissed under 18
AS 12.47.110, an alleged victim in the dismissed criminal case and the prosecutor, 19
or a staff member of the prosecutor's office, may attend the hearing, but may not 20
disclose confidential information from the hearing; 21
(4) to have the rules of evidence and civil procedure applied so as to 22
provide for the informal but efficient presentation of evidence; 23
(5) to have an interpreter if the respondent does not understand 24
English; 25
(6) to present evidence on the respondent's behalf; 26
(7) to cross-examine witnesses who testify against the respondent; 27
(8) to remain silent; 28
(9) to call experts and other witnesses to testify on the respondent's 29
behalf. 30
* Sec. 45. AS 47.30 is amended by adding a new section to read: 31 33-GH1482\N
HB0066E -35- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
Sec. 47.30.771. Additional two-year commitment. (a) The respondent shall 1
be released from involuntary treatment at the expiration of 180 days unless the 2
professional person in charge or the attorney general's office files an additional 180-3
day petition or a petition for a commitment of up to two years conforming to the 4
requirements of AS 47.30.740(a) except that all references to "30-day commitment" 5
shall be read as "the previous 180-day commitment" and all references to "90-day 6
commitment" shall be read as "two-year commitment." 7
(b) The procedures for service of the petition, notification of rights, and 8
judicial hearing shall be as set out in AS 47.30.740 - 47.30.750. Following a 180-day 9
commitment of a respondent, the court may order the respondent committed for an 10
additional treatment period not to exceed two years from the date on which the 180-11
day treatment period would have expired if the court or jury finds by clear and 12
convincing evidence that 13
(1) the respondent is mentally ill and as a result is likely to cause 14
serious harm to self or others; 15
(2) the respondent has a criminal history that includes a felony offense 16
against a person under AS 11.41 or felony arson, including an offense for which the 17
respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110; 18
(3) the respondent has been found incompetent to stand trial under 19
AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41 or 20
felony arson and that finding of incompetence led directly to the respondent's current 21
period of commitment; and 22
(4) the period of commitment of the respondent, including a period of 23
commitment for more than 180 days but not more than two years, is necessary to 24
protect the public. 25
(c) Findings of fact relating to the respondent's behavior made at a 30-day 26
commitment hearing under AS 47.30.735, a 90-day commitment hearing under 27
AS 47.30.750, a 180-day commitment hearing under AS 47.30.770, or a two-year 28
commitment hearing under this section shall be admitted as evidence and may not be 29
rebutted except that newly discovered evidence may be used for the purpose of 30
rebutting the findings. 31 33-GH1482\N
SCS CSHB 66(JUD) -36- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(d) Successive commitments are permissible on the same ground and under 1
the same procedures as the original commitment. An order of commitment may not 2
exceed two years. 3
(e) The department shall, by January 30 of each year, submit to the attorney 4
general, public defender, public advocate, Alaska Court System, and the attorney of 5
record for the respondent, if any, a report that details how many respondents are 6
committed under this section and how much time remains on each order of 7
commitment. 8
* Sec. 46. AS 47.30.780(a) is amended to read: 9
(a) Except as provided in (b) and (c) of this section, the professional person in 10
charge shall at any time discharge a respondent on the ground that the respondent is no 11
longer gravely disabled or likely to cause serious harm as a result of mental illness. A 12
certificate to this effect shall be sent to the court, which shall enter an order officially 13
terminating the involuntary commitment. 14
* Sec. 47. AS 47.30.780 is amended by adding new subsections to read: 15
(c) If a respondent committed under AS 47.30.770 or 47.30.771 has a criminal 16
history that includes a felony offense against a person under AS 11.41 or felony arson, 17
including an offense for which the respondent was found incompetent to stand trial 18
under AS 12.47.100 and 12.47.110, the professional person in charge may not 19
discharge the respondent under (a) of this section unless the court enters an order 20
officially terminating the involuntary commitment. The court shall give the 21
prosecuting authority 10 days' notice before the professional person in charge may 22
discharge a respondent under this subsection. 23
(d) Except as provided in (e) of this section, a respondent committed under 24
AS 47.30.771 may petition the court for early discharge at any time during the 25
commitment if the respondent presents some evidence demonstrating that the 26
respondent is no longer likely to cause serious harm to self or others. The court shall 27
grant early discharge unless the state proves by clear and convincing evidence that the 28
respondent remains likely to cause serious harm to self or others. 29
(e) A respondent may not file a petition for early discharge within 180 days 30
after the date the court enters an initial commitment order or a final order ruling on a 31 33-GH1482\N
HB0066E -37- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
previous petition for early discharge. 1
* Sec. 48. AS 47.30.805(a) is amended to read: 2
(a) Except as provided in (b) of this section, 3
(1) computations of a 72-hour [EVALUATION] period under 4
AS 47.30.706, 47.30.708, [AS 47.30.708] or 47.30.715 or a 48-hour [DETENTION] 5
period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any 6
period of time necessary to transport the respondent to the treatment facility, except 7
that if the exclusion of Saturdays, Sundays, and legal holidays from the computation 8
of a 72-hour evaluation period or 48-hour detention period would result in the 9
respondent being held for longer than 72 hours or 48 hours, as applicable, the period 10
ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday; 11
(2) a seven-day detention at a crisis residential center expires at the end 12
of the seventh day following the respondent's arrival at the crisis stabilization center or 13
the crisis residential center, whichever is earlier; 14
(3) a 30-day commitment period expires at the end of the 30th day 15
after the 72 hours following initial acceptance; 16
(4) a 90-day commitment period expires at the end of the 90th day 17
after the expiration of a 30-day period of treatment; 18
(5) a 180-day commitment period expires at the end of the 180th day, 19
after the expiration of a 90-day period of treatment or previous 180-day period, 20
whichever is applicable; 21
(6) a two-year commitment period expires not later than two years 22
after the expiration of a 180-day period of treatment. 23
* Sec. 49. AS 47.30.845 is amended to read: 24
Sec. 47.30.845. Confidential records. Information and records obtained in the 25
course of a screening investigation, evaluation, examination, or treatment are 26
confidential and are not public records, except as the requirements of a hearing under 27
AS 47.30.660 - 47.30.915 may necessitate a different procedure. Information and 28
records may be copied and disclosed under regulations established by the department 29
only to 30
(1) a physician or a provider of health, mental health, or social and 31 33-GH1482\N
SCS CSHB 66(JUD) -38- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
welfare services involved in caring for, treating, or rehabilitating the patient; 1
(2) the patient or an individual to whom the patient has given written 2
consent to have information disclosed; 3
(3) a person authorized by a court order; 4
(4) a person doing research or maintaining health statistics if the 5
anonymity of the patient is assured and the facility recognizes the project as a bona 6
fide research or statistical undertaking; 7
(5) the Department of Corrections in a case in which a prisoner 8
confined to the state prison is a patient in the state hospital on authorized transfer 9
either by voluntary admission or by court order; 10
(6) a governmental or law enforcement agency when necessary to 11
secure the return of a patient who is on unauthorized absence from a facility where the 12
patient was undergoing evaluation or treatment; 13
(7) a law enforcement agency when there is substantiated concern over 14
imminent danger to the community by a presumed mentally ill person; 15
(8) the department in a case in which services provided under 16
AS 47.30.660 - 47.30.915 are paid for, in whole or in part, by the department or in 17
which a person has applied for or has received assistance from the department for 18
those services; 19
(9) the Department of Public Safety as provided in AS 47.30.907; 20
information provided under this paragraph may not include diagnostic or clinical 21
information regarding a patient; 22
(10) the Department of Law as provided in AS 47.30.727. 23
* Sec. 50. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 24
2019, is amended to read: 25
(c) The following sections apply to the duty to register as a sex offender for 26
offenses committed 27
(1) before, on, or after the effective date of those sections: 28
(A) [(1)] AS 12.63.010(d), as amended by sec. 82, ch. 4, 29
FSSLA 2019 [OF THIS ACT]; 30
(B) AS 12.63.020(a)(2) and (b) [(2) AS 12.63.020], as 31 33-GH1482\N
HB0066E -39- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
amended by sec. 83, ch. 4, FSSLA 2019 [OF THIS ACT]; 1
(C) [(3)] AS 12.63.100(6), as amended by sec. 84, ch. 4, 2
FSSLA 2019 [OF THIS ACT]; 3
(D) AS 12.63.100(7)(E) [(4) AS 12.63.100(7)], as amended by 4
sec. 85, ch. 4, FSSLA 2019; 5
(2) on or after the effective date of those sections: 6
(A) AS 12.63.020(a)(1), as amended by sec. 83, ch. 4, FSSLA 7
2019; 8
(B) AS 12.63.100(7)(C), as amended by sec. 85, ch. 4, 9
FSSLA 2019 [OF THIS ACT]. 10
* Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to 11
read: 12
DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 13
Procedure, is amended to read: 14
(s) Admissibility of Evidence. 15
(1) Evidence which would be legally admissible at trial shall be 16
admissible before the grand jury. Witnesses [IN APPROPRIATE CASES, 17
HOWEVER, WITNESSES] may be presented to summarize admissible evidence if 18
the admissible evidence will be available at trial. [EXCEPT AS STATED IN 19
SUBPARAGRAPHS (2), (3), AND (6), HEARSAY EVIDENCE SHALL NOT BE 20
PRESENTED TO THE GRAND JURY ABSENT COMPELLING JUSTIFICATION 21
FOR ITS INTRODUCTION. IF HEARSAY EVIDENCE IS PRESENTED TO THE 22
GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE 23
RECORD.] 24
(2) The rules regarding hearsay under Article VIII, Alaska Rules 25
of Evidence, do not apply to grand jury proceedings. 26
(3) [IN A PROSECUTION FOR AN OFFENSE UNDER 27
AS 11.41.410 - 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED 28
TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD 29
WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 30
EVIDENCE BEFORE THE GRAND JURY IF 31 33-GH1482\N
SCS CSHB 66(JUD) -40- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(i) THE CIRCUMSTANCES OF THE STATEMENT 1
INDICATE ITS RELIABILITY; 2
(ii) THE CHILD IS UNDER 10 YEARS OF AGE 3
WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 4
ADMITTED; 5
(iii) ADDITIONAL EVIDENCE IS INTRODUCED 6
TO CORROBORATE THE STATEMENT; AND 7
(iv) THE CHILD TESTIFIES AT THE GRAND JURY 8
PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 9
TESTIFY AT TRIAL. 10
(3) HEARSAY EVIDENCE RELATED TO THE OFFENSE, NOT 11
OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE 12
THE GRAND JURY IF 13
(i) THE INDIVIDUAL PRESENTING THE 14
HEARSAY EVIDENCE IS A PEACE OFFICER INVOLVED IN THE 15
INVESTIGATION; AND 16
(ii) THE HEARSAY EVIDENCE CONSISTS OF THE 17
STATEMENT AND OBSERVATIONS MADE BY ANOTHER 18
PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 19
AND 20
(iii) ADDITIONAL EVIDENCE IS INTRODUCED 21
TO CORROBORATE THE STATEMENT. 22
(4)] If the testimony presented by a peace officer [UNDER 23
PARAGRAPH (3) OF THIS SECTION] is inaccurate because of intentional, grossly 24
negligent, or negligent misstatements or omissions, then the court shall dismiss an 25
indictment resulting from the testimony if the defendant shows that the inaccuracy 26
prejudices substantial rights of the defendant. 27
[(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 28
WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 29
CONDUCT IS INTENDED AS AN ASSERTION. 30
(6) WHEN A PRIOR CONVICTION IS AN ELEMENT OF AN 31 33-GH1482\N
HB0066E -41- SCS CSHB 66(JUD)
New Text Underlined [DELETED TEXT BRACKETED]
OFFENSE, HEARSAY EVIDENCE RECEIVED THROUGH THE ALASKA 1
PUBLIC SAFETY INFORMATION NETWORK OR FROM OTHER 2
GOVERNMENT AGENCIES OF PRIOR CONVICTIONS MAY BE PRESENTED 3
TO THE GRAND JURY.] 4
* Sec. 52. AS 12.40.110 is repealed. 5
* Sec. 53. AS 12.62.160(f)(4) is repealed January 1, 2028. 6
* Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to 7
read: 8
APPLICABILITY. (a) AS 11.41.110(a) and (b), as amended by sec. 2 of this Act, 9
AS 11.41.110(c), enacted by sec. 3 of this Act, AS 11.41.120(a), as amended by sec. 4 of this 10
Act, AS 11.41.140, as amended by sec. 5 of this Act, AS 11.41.240, enacted by sec. 6 of this 11
Act, AS 11.41.260(a), as amended by sec. 7 of this Act, AS 11.71.010(a), as amended by sec. 12
13 of this Act, AS 11.71.010(b), as amended by sec. 14 of this Act, AS 11.71.021(a), as 13
amended by sec. 15 of this Act, AS 12.55.125(c), as amended by sec. 22 of this Act, and 14
AS 18.66.990(3), as amended by sec. 34 of this Act, apply to offenses committed on or after 15
the effective date of secs. 2 - 7, 13 - 15, 22, and 34 of this Act. 16
(b) AS 12.55.045(a), as amended by sec. 21 of this Act, applies to an order of 17
restitution for an offense committed on or after the effective date of sec. 21 of this Act. 18
(c) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 19
amended by sec. 28 of this Act, AS 12.63.010(d), as amended by sec. 29 of this Act, and 20
AS 12.63.010(g) and (h), enacted by sec. 30 of this Act, applies to the duty to register as a sex 21
offender or child kidnapper for offenses committed before, on, or after the effective date of 22
secs. 28 - 30 of this Act. 23
(d) AS 12.63.020(a), as amended by sec. 31 of this Act, applies to the tolling of the 24
duty to register as a sex offender or child kidnapper on or after the effective date of sec. 31 of 25
this Act for determinations of noncompliance made by the Department of Public Safety on or 26
after the effective date of sec. 31 of this Act. 27
(e) Nothing in AS 12.63.020(a), as amended by sec. 31 of this Act, may be construed 28
as invalidating a decision by the Department of Public Safety to toll the period of registration 29
or continue the period of registration under AS 12.63 before the effective date of sec. 31 of 30
this Act. 31 33-GH1482\N
SCS CSHB 66(JUD) -42- HB0066E
New Text Underlined [DELETED TEXT BRACKETED]
(f) AS 12.63.100(7), as amended by sec. 32 of this Act, applies to the duty to register 1
as a sex offender for offenses committed on or after the effective date of sec. 32 of this Act. 2
(g) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 51 of this Act, 3
applies to indictments occurring on or after the effective date of sec. 51 of this Act for 4
offenses committed before, on, or after the effective date of sec. 51 of this Act. 5
* Sec. 55. The uncodified law of the State of Alaska is amended by adding a new section to 6
read: 7
CONDITIONAL EFFECT. Rule 6(s), Alaska Rules of Criminal Procedure, as 8
amended by sec. 51 of this Act, takes effect only if sec. 51 of this Act receives the two-thirds 9
majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 10
* Sec. 56. Section 50 of this Act takes effect immediately under AS 01.10.070(c). 11
* Sec. 57. Except as provided in sec. 56 of this Act, this Act takes effect January 1, 2025. 12