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SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE SENATE FINANCE COMMITTEE
Amended: 5/14/24
Offered: 5/13/24
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; relating to human trafficking; 3
relating to prostitution; relating to sex trafficking; changing the term 'child 4
pornography' to 'child sexual abuse material'; relating to misconduct involving a 5
controlled substance; relating to sentencing; relating to competency to stand trial; 6
relating to the duty to register as a sex offender; amending the definition of 'sex offense'; 7
relating to multidisciplinary child protection teams; relating to involuntary civil 8
commitments; relating to victims' rights during certain civil commitment proceedings; 9
relating to the duties of the Department of Corrections; amending Rules 4 and 5, Alaska 10
Rules of Civil Procedure; amending Rule 6(s), Alaska Rules of Criminal Procedure; and 11
providing for an effective date." 12 33-GH1482\I.A
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 1
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 2
to read: 3
LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that, with the 4
state's rates of sexual assault and sexual abuse being some of the highest in the United States, 5
presenting evidence to a grand jury in state court should be similar to and not more difficult 6
than presenting evidence to a grand jury in federal court in the state. 7
(b) The legislature further finds that the Rights of Crime Victims in art. I, sec. 24, 8
Constitution of the State of Alaska, including the "right to be treated with dignity, respect, and 9
fairness during all phases of the criminal and juvenile justice process," supports allowing the 10
prosecution to present hearsay evidence to a grand jury, which is similar to the rules of federal 11
court in which the hearsay rules do not apply to grand jury proceedings. 12
(c) The legislature further finds that Rule 6(s), Alaska Rules of Criminal Procedure, 13
as amended by sec. 57 of this Act, is a response, in part, to the decision of the Alaska Court of 14
Appeals in State v. Powell, 487 P.3d 609 (Alaska App. 2021). 15
(d) The legislature further finds that 14 percent of the state's general population is 16
Alaska Native, yet 40 percent of the Department of Corrections' inmate population is Alaska 17
Native. The Alaska Native prison population is triple its representation in the general 18
population, indicating a general failure in efforts to prevent first encounters with the criminal 19
justice system and the lack of support required to prevent recidivism. 20
* Sec. 2. AS 04.06.110 is amended to read: 21
Sec. 04.06.110. Peace officer powers. The director and the persons employed for the 22
administration and enforcement of this title may, with the concurrence of the commissioner of 23
public safety, exercise the powers of peace officers when those powers are specifically 24
granted by the board. Powers granted by the board under this section may be exercised only 25
when necessary for the enforcement of the criminally punishable provisions of this title, 26
regulations of the board, and other criminally punishable laws and regulations, including 27
investigation of violations of laws against prostitution and sex trafficking described in 28
AS 11.66.100 - 11.66.137 [AS 11.66.100 - 11.66.135] and laws against gambling, promoting 29
gambling, and related offenses described in AS 11.66.200 - 11.66.280. Unless authorized by a 30
search warrant described in AS 12.35, nothing in this section authorizes the use of metal keys, 31 33-GH1482\I.A
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magnetic card keys, or identification cards to access private clubs. 1
* Sec. 3. AS 11.41.110 is amended to read: 2
Sec. 11.41.110. Murder in the second degree. (a) A person commits the 3
crime of murder in the second degree if 4
(1) with intent to cause serious physical injury to another person or 5
knowing that the conduct is substantially certain to cause death or serious physical 6
injury to another person, the person causes the death of any person; 7
(2) the person knowingly engages in conduct that results in the death 8
of another person under circumstances manifesting an extreme indifference to the 9
value of human life; 10
(3) under circumstances not amounting to murder in the first degree 11
under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 12
person commits or attempts to commit arson in the first degree, kidnapping, sexual 13
assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 14
in the first degree, sexual abuse of a minor in the second degree, burglary in the first 15
degree, escape in the first or second degree, robbery in any degree, or misconduct 16
involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 17
or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 18
in immediate flight from that crime, any person causes the death of a person other than 19
one of the participants; 20
(4) acting with a criminal street gang, the person commits or attempts 21
to commit a crime that is a felony and, in the course of or in furtherance of that crime 22
or in immediate flight from that crime, any person causes the death of a person other 23
than one of the participants; [OR] 24
(5) the person with criminal negligence causes the death of a child 25
under the age of 16, and the person has been previously convicted of a crime involving 26
a child under the age of 16 that was 27
(A) a felony violation of AS 11.41; 28
(B) in violation of a law or ordinance in another jurisdiction 29
with elements similar to a felony under AS 11.41; or 30
(C) an attempt, a solicitation, or a conspiracy to commit a 31 33-GH1482\I.A
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crime listed in (A) or (B) of this paragraph; or 1
(6) the person knowingly manufactures or delivers a controlled 2
substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 3
direct result of ingestion of the controlled substance; the death is a result that 4
does not require a culpable mental state. 5
(b) Except as provided in (c) of this section, murder [MURDER] in the 6
second degree is an unclassified felony and is punishable as provided in AS 12.55. 7
* Sec. 4. AS 11.41.110 is amended by adding a new subsection to read: 8
(c) In a prosecution for murder in the second degree under (a)(6) of this 9
section, it is an affirmative defense that reduces the crime to a class A felony that, at 10
the time of the offense, 11
(1) the defendant sought, in good faith, medical or law enforcement 12
assistance for the other person; 13
(2) the defendant remained at the scene with the other person until 14
medical or law enforcement assistance arrived; 15
(3) the defendant cooperated with medical or law enforcement 16
personnel, including by providing identification; and 17
(4) the offense involved small quantities of a controlled substance that 18
were not delivered for a profit. 19
* Sec. 5. AS 11.41.120(a) is amended to read: 20
(a) A person commits the crime of manslaughter if the person 21
(1) intentionally, knowingly, or recklessly causes the death of another 22
person under circumstances not amounting to murder in the first or second degree; 23
(2) intentionally aids another person to commit suicide; or 24
(3) knowingly manufactures or delivers a controlled substance in 25
violation of AS 11.71.030 [AS 11.71.010 - 11.71.030] or 11.71.040(a)(1) for schedule 26
IVA controlled substances, and another [A] person dies as a direct result of ingestion 27
of the controlled substance; the death is a result that does not require a culpable mental 28
state [; IN THIS PARAGRAPH, "INGESTION" MEANS VOLUNTARILY OR 29
INVOLUNTARILY TAKING A SUBSTANCE INTO THE BODY IN ANY 30
MANNER]. 31 33-GH1482\I.A
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* Sec. 6. AS 11.41.140 is amended to read: 1
Sec. 11.41.140. Definitions [DEFINITION]. In AS 11.41.100 - 11.41.140, 2
(1) "ingestion" means voluntarily or involuntarily taking a 3
substance into the body in any manner; 4
(2) "person" means, when referring to the victim of a crime, 5
[MEANS] a human being who has been born and was alive at the time of the criminal 6
act; a [. A] person is "alive" if there is spontaneous respiratory or cardiac function or, 7
when respiratory and cardiac functions are maintained by artificial means, there is 8
spontaneous brain function. 9
* Sec. 7. AS 11.41 is amended by adding a new section to read: 10
Sec. 11.41.240. Assault in the presence of a child. (a) A person commits the 11
crime of assault in the presence of a child if the person commits an assault under 12
AS 11.41.200 - 11.41.230 and the assault is a crime involving domestic violence, as 13
defined in AS 18.66.990, or commits a sexual assault under AS 11.41.410 - 11.41.427 14
with reckless disregard that, at the time of the assault, a child under 16 years of age is 15
present in the dwelling, vehicle, or location where the assault occurs. 16
(b) In this section, 17
(1) "dwelling" does not include another unit in multi-unit housing; 18
(2) "present" means physically present or within hearing of the assault. 19
(c) Assault in the presence of a child is a class A misdemeanor. 20
* Sec. 8. AS 11.41.260(a) is amended to read: 21
(a) A person commits the crime of stalking in the first degree if the person 22
violates AS 11.41.270 and 23
(1) the actions constituting the offense are in violation of an order 24
issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 25
under former AS 25.35.010(b) or 25.35.020; 26
(2) the actions constituting the offense are in violation of a condition of 27
probation, release before trial, release after conviction, or parole; 28
(3) the victim is under 16 years of age; 29
(4) at any time during the course of conduct constituting the offense, 30
the defendant possessed a deadly weapon; 31 33-GH1482\I.A
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(5) the defendant has been previously convicted of a crime under this 1
section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 2
jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 3
AS 11.56.740; or 4
(6) the defendant has been previously convicted of a crime, or an 5
attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 6
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 7
law or an ordinance of this or another jurisdiction with elements similar to a crime, or 8
an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 9
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 10
involving the same victim as the present offense. 11
* Sec. 9. AS 11.41.365(a) is amended to read: 12
(a) A person commits the crime of human trafficking in the second degree if, 13
under circumstances not proscribed under AS 11.66.100 - 11.66.150, the person 14
intentionally induces or causes another person to engage in adult entertainment 15
or labor by 16
(1) exposing or threatening to expose confidential information or a 17
secret, whether true or false, tending to subject a person to hatred, contempt, or 18
ridicule; 19
(2) destroying, concealing, or threatening to destroy or conceal an 20
actual or purported passport or immigration document or another actual or 21
purported identification document of any person; 22
(3) threatening to report a person to a government agency for the 23
purpose of arrest or deportation; 24
(4) threatening to collect a debt; 25
(5) instilling in a person a fear that lodging, food, clothing, or 26
medication will be withheld from any person; 27
(6) providing a controlled substance to or withholding a controlled 28
substance from the other person; or 29
(7) engaging in deception [OBTAINS A BENEFIT FROM THE 30
COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH 31 33-GH1482\I.A
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RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE 1
TRAFFICKING]. 2
* Sec. 10. AS 11.61.125(a) is amended to read: 3
(a) A person commits the crime of distribution of child sexual abuse material 4
[PORNOGRAPHY] if the person distributes in this state or advertises, promotes, 5
solicits, or offers to distribute in this state any material that is proscribed under 6
AS 11.61.127. 7
* Sec. 11. AS 11.61.125(e) is amended to read: 8
(e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 9
(1) class B felony; or 10
(2) class A felony if the person has been previously convicted of 11
distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 12
a similar crime in this or another jurisdiction. 13
* Sec. 12. AS 11.61.127(a) is amended to read: 14
(a) A person commits the crime of possession of child sexual abuse material 15
[PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 16
computer with intent to view any material that visually depicts conduct described in 17
AS 11.41.455(a) knowing that the production of the material involved the use of a 18
child under 18 years of age who engaged in the conduct or a depiction of a part of an 19
actual child under 18 years of age who, by manipulation, creation, or modification, 20
appears to be engaged in the conduct. 21
* Sec. 13. AS 11.61.127(g) is amended to read: 22
(g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 23
C felony. 24
* Sec. 14. AS 11.66.100(c) is amended to read: 25
(c) A person may not be prosecuted under (a)(1) of this section if the 26
(1) person witnessed or was a victim of, and reported to law 27
enforcement in good faith, one or more of the following crimes: 28
(A) murder in the first degree under AS 11.41.100; 29
(B) murder in the second degree under AS 11.41.110; 30
(C) manslaughter under AS 11.41.120; 31 33-GH1482\I.A
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(D) criminally negligent homicide under AS 11.41.130; 1
(E) assault in the first degree under AS 11.41.200; 2
(F) assault in the second degree under AS 11.41.210; 3
(G) assault in the third degree under AS 11.41.220; 4
(H) assault in the fourth degree under AS 11.41.230; 5
(I) sexual assault in the first degree under AS 11.41.410; 6
(J) sexual assault in the second degree under AS 11.41.420; 7
(K) sexual assault in the third degree under AS 11.41.425; 8
(L) sexual assault in the fourth degree under AS 11.41.427; 9
(M) sexual abuse of a minor in the first degree under 10
AS 11.41.434; 11
(N) sexual abuse of a minor in the second degree under 12
AS 11.41.436; 13
(O) sexual abuse of a minor in the third degree under 14
AS 11.41.438; 15
(P) sexual abuse of a minor in the fourth degree under 16
AS 11.41.440; 17
(Q) robbery in the first degree under AS 11.41.500; 18
(R) robbery in the second degree under AS 11.41.510; 19
(S) extortion under AS 11.41.520; 20
(T) coercion under AS 11.41.530; 21
(U) distribution of child sexual abuse material 22
[PORNOGRAPHY] under AS 11.61.125; 23
(V) possession of child sexual abuse material 24
[PORNOGRAPHY] under AS 11.61.127; 25
(W) sex trafficking in the first degree under AS 11.66.110; 26
(X) sex trafficking in the second degree under AS 11.66.120; 27
(Y) sex trafficking in the third degree under AS 11.66.130; or 28
(Z) sex trafficking in the fourth degree under AS 11.66.135; 29
(2) evidence supporting the prosecution under (a)(1) of this section 30
was obtained or discovered as a result of the person reporting the crime to law 31 33-GH1482\I.A
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enforcement; and 1
(3) person cooperated with law enforcement personnel. 2
* Sec. 15. AS 11.66.100(d) is amended to read: 3
(d) Prostitution [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, 4
PROSTITUTION] is a class B misdemeanor. 5
* Sec. 16. AS 11.66.120(a) is amended to read: 6
(a) A person commits the crime of sex trafficking in the second degree if the 7
person 8
(1) manages, supervises, controls, or owns, either alone or in 9
association with others, a prostitution enterprise other than a place of prostitution; 10
(2) procures or solicits a patron for a prostitute; [OR] 11
(3) offers, sells, advertises, promotes, or facilitates travel that includes 12
a commercial sexual act [CONDUCT] as enticement for the travel; or 13
(4) under circumstances not proscribed under AS 11.66.110, 14
induces or causes another person to engage in a commercial sexual act [IN THIS 15
PARAGRAPH, "COMMERCIAL SEXUAL CONDUCT" MEANS SEXUAL 16
CONDUCT FOR WHICH ANYTHING OF VALUE IS GIVEN OR RECEIVED BY 17
ANY PERSON]. 18
* Sec. 17. AS 11.66.120 is amended by adding a new subsection to read: 19
(c) For purposes of this section, inducing or causing another person to engage 20
in a commercial sexual act includes the following: 21
(1) exposing or threatening to expose confidential information or a 22
secret, whether true or false, that would subject a person to hatred, contempt, or 23
ridicule; 24
(2) destroying, concealing, or threatening to destroy or conceal an 25
actual or purported passport or immigration document or another actual or purported 26
identification document of any person; 27
(3) threatening to report a person to a government agency for the 28
purpose of arrest or deportation; 29
(4) threatening to collect a debt; 30
(5) instilling in a person a fear that lodging, food, clothing, or 31 33-GH1482\I.A
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medication will be withheld from any person; 1
(6) providing a controlled substance to or withholding a controlled 2
substance from the other person; or 3
(7) engaging in deception. 4
* Sec. 18. AS 11.66 is amended by adding a new section to read: 5
Sec. 11.66.137. Patron of a victim of sex trafficking. (a) A person commits 6
the crime of patron of a victim of sex trafficking if the person solicits a commercial 7
sexual act 8
(1) with reckless disregard that the person engaging in the sexual act is 9
a victim of sex trafficking; or 10
(2) from a person who is under 18 years of age. 11
(b) In a prosecution under (a)(2) of this section, it is an affirmative defense 12
that, at the time of the alleged offense, the defendant 13
(1) reasonably believed the person to be 18 years of age or older; and 14
(2) undertook reasonable measures to verify that the person was 18 15
years of age or older. 16
(c) Patron of a victim of sex trafficking is a 17
(1) class B felony if the person violates (a)(2) of this section; 18
(2) class C felony if the person violates (a)(1) of this section. 19
* Sec. 19. AS 11.66.145 is amended to read: 20
Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 21
received or derived from, a violation of AS 11.66.110 - 11.66.137 [AS 11.66.100(e) 22
OR 11.66.110 - 11.66.135] may be forfeited at sentencing." 23
* Sec. 20. AS 11.71.010(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 first degree if the person 26
(1) delivers any amount of a schedule IA controlled substance to a 27
person under 19 years of age who is at least three years younger than the person 28
delivering the substance; 29
(2) delivers any amount of a schedule IIA or IIIA controlled substance 30
to a person under 19 years of age who is at least three years younger than the person 31 33-GH1482\I.A
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delivering the substance; [OR] 1
(3) engages in a continuing criminal enterprise; or 2
(4) delivers any amount of a schedule IA, IIA, IIIA, or IVA 3
controlled substance to a person who is 4
(A) mentally incapable; 5
(B) incapacitated; or 6
(C) unaware that a controlled substance is being delivered. 7
* Sec. 21. AS 11.71.010(b) is amended to read: 8
(b) For purposes of this section, 9
(1) a person is engaged in a "continuing criminal enterprise" if 10
(A) [(1)] the person commits a violation of this chapter which 11
is punishable as a felony; and 12
(B) [(2)] that violation is a part of a continuing series of five or 13
more violations of this chapter 14
(i) [(A)] which the person undertakes in concert with at 15
least five other persons organized, supervised, or otherwise managed by 16
the person; and 17
(ii) [(B)] from which the person obtains substantial 18
income or resources; 19
(2) "incapacitated" has the meaning given in AS 11.41.470; 20
(3) "mentally incapable" has the meaning given in AS 11.41.470. 21
* Sec. 22. AS 11.71.021(a) is amended to read: 22
(a) Except as authorized in AS 17.30, a person commits the crime of 23
misconduct involving a controlled substance in the second degree if the person 24
(1) manufactures or delivers any amount of a schedule IA controlled 25
substance or possesses any amount of a schedule IA controlled substance with intent 26
to manufacture or deliver; 27
(2) manufactures or delivers any material, compound, mixture, or 28
preparation that contains 29
(A) methamphetamine, or its salts, isomers, or salts of isomers; 30
or 31 33-GH1482\I.A
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(B) an immediate precursor of methamphetamine, or its salts, 1
isomers, or salts of isomers; 2
(3) possesses an immediate precursor of methamphetamine, or the 3
salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 4
with the intent to manufacture any material, compound, mixture, or preparation that 5
contains methamphetamine, or its salts, isomers, or salts of isomers; 6
(4) possesses a listed chemical with intent to manufacture any material, 7
compound, mixture, or preparation that contains 8
(A) methamphetamine, or its salts, isomers, or salts of isomers; 9
or 10
(B) an immediate precursor of methamphetamine, or its salts, 11
isomers, or salts of isomers; 12
(5) possesses methamphetamine in an organic solution with intent to 13
extract from it methamphetamine, or its salts, isomers, or salts of isomers; or 14
(6) under circumstances not proscribed under AS 11.71.010(a)(2), 15
delivers 16
(A) an immediate precursor of methamphetamine, or the salts, 17
isomers, or salts of isomers of the immediate precursor of methamphetamine, 18
to another person with reckless disregard that the precursor will be used to 19
manufacture any material, compound, mixture, or preparation that contains 20
methamphetamine, or its salts, isomers, or salts of isomers; or 21
(B) a listed chemical to another person with reckless disregard 22
that the listed chemical will be used to manufacture any material, compound, 23
mixture, or preparation that contains 24
(i) methamphetamine, or its salts, isomers, or salts of 25
isomers; 26
(ii) an immediate precursor of methamphetamine, or its 27
salts, isomers, or salts of isomers; or 28
(iii) methamphetamine, or its salts, isomers, or salts of 29
isomers in an organic solution. 30
* Sec. 23. AS 11.71.021(b) is amended to read: 31 33-GH1482\I.A
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(b) In a prosecution under (a) of this section, possession of more than nine 1
[SIX] grams of the listed chemi cals ephedrine, pseudoephedrine, 2
phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals is 3
prima facie evidence that the person intended to use the listed chemicals to 4
manufacture, to aid or abet another person to manufacture, or to deliver to another 5
person who intends to manufacture methamphetamine, its immediate precursors, or 6
the salts, isomers, or salts of isomers of methamphetamine or its immediate precursors. 7
The prima facie evidence described in this subsection does not apply to a person who 8
possesses 9
(1) the listed chemicals ephedrine, pseudoephedrine, 10
phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 11
(A) and the listed chemical was dispensed to the person under a 12
valid prescription; or 13
(B) in the ordinary course of a legitimate business, or an 14
employee of a legitimate business, as a 15
(i) retailer or as a wholesaler; 16
(ii) wholesale drug distributor licensed by the Board of 17
Pharmacy; 18
(iii) manufacturer of drug products licensed by the 19
Board of Pharmacy; 20
(iv) pharmacist licensed by the Board of Pharmacy; or 21
(v) health care professional licensed by the state; or 22
(2) less than 24 grams of ephedrine, pseudoephedrine, 23
phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 24
kept in a locked storage area on the premises of a legitimate business or nonprofit 25
organization operating a camp, lodge, school, day care center, treatment center, or 26
other organized group activity, and the location or nature of the activity, or the age of 27
the participants, makes it impractical for the participants in the activity to obtain 28
medicinal products. 29
* Sec. 24. AS 11.71.210(a) is amended to read: 30
(a) A person commits the crime of purchase or receipt of restricted amounts of 31 33-GH1482\I.A
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certain listed chemicals if the person purchases or receives more than nine [SIX] 1
grams of the following listed chemical, its salts, isomers, or salts of isomers within 2
any 30-day period: 3
(1) ephedrine under AS 11.71.200(4); 4
(2) pseudoephedrine under AS 11.71.200(13); 5
(3) phenylpropanolamine under AS 11.71.200(11). 6
* Sec. 25. AS 11.71.210(b) is amended to read: 7
(b) This section does not apply to a person who lawfully purchases or receives 8
(1) more than nine [SIX] grams of a listed chemical identified in (a) of 9
this section 10
(A) that was dispensed to the person under a valid prescription; 11
or 12
(B) in the ordinary course of a legitimate business, or to an 13
employee of a legitimate business, as a 14
(i) retailer or as a wholesaler; 15
(ii) wholesale drug distributor licensed by the Board of 16
Pharmacy; 17
(iii) manufacturer of drug products licensed by the 18
Board of Pharmacy; 19
(iv) pharmacist licensed by the Board of Pharmacy; or 20
(v) health care professional licensed by the state; or 21
(2) more than nine [SIX] but less than 24 grams of a 22
listed chemical identified in (a) of this section in the ordinary course of 23
a legitimate business or nonprofit organization, or as an employee of a 24
legitimate business or nonprofit organization, operating a camp, lodge, 25
school, day care center, treatment center, or other organized group 26
activity, and the location or nature of the activity, or the age of the 27
participants, makes it impractical for the participants in the activity to 28
obtain medicinal products. 29
* Sec. 26. AS 11.81.900(b) is amended by adding new paragraphs to read: 30
(69) "commercial sexual act" means a sexual act for which anything of 31 33-GH1482\I.A
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value is given or received by any person; 1
(70) "sexual act" means sexual penetration or sexual contact. 2
* Sec. 27. AS 12.10.010(a) is amended to read: 3
(a) Prosecution for the following offenses may be commenced at any time: 4
(1) murder; 5
(2) attempt, solicitation, or conspiracy to commit murder or hindering 6
the prosecution of murder; 7
(3) felony sexual abuse of a minor; 8
(4) sexual assault that is an unclassified, class A, or class B felony or a 9
violation of AS 11.41.425(a)(2) - (4); 10
(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 11
AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 12
who, at the time of the offense, was under 18 years of age; 13
(6) kidnapping; 14
(7) distribution of child sexual abuse material [PORNOGRAPHY] in 15
violation of AS 11.61.125; 16
(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 17
unclassified, class A, or class B felony or that is committed against a person who, at 18
the time of the offense, was under 20 years of age; 19
(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 20
* Sec. 28. AS 12.47.070(a) is amended to read: 21
(a) If a defendant has filed a notice of intention to rely on the affirmative 22
defense of insanity under AS 12.47.010 or has filed notice under AS 12.47.020(a), or 23
there is reason to doubt the defendant's fitness to proceed, or there is reason to believe 24
that a mental disease or defect of the defendant will otherwise become an issue in the 25
case, the court shall appoint a qualified psychiatrist or psychologist [AT LEAST 26
TWO QUALIFIED PSYCHIATRISTS OR TWO FORENSIC PSYCHOLOGISTS 27
CERTIFIED BY THE AMERICAN BOARD OF FORENSIC PSYCHOLOGY] to 28
examine and report on [UPON] the mental condition of the defendant. If the court 29
appoints a psychiatrist [PSYCHIATRISTS], the psychiatrist [PSYCHIATRISTS] 30
may select psychologists to provide assistance. If the defendant has filed notice under 31 33-GH1482\I.A
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AS 12.47.090(a), the report shall consider whether the defendant can still be 1
committed under AS 12.47.090(c). The court may order the defendant to be committed 2
to a secure facility for the purpose of the examination for not more than 60 days or for 3
a [SUCH] longer period as the court determines to be necessary for the purpose and 4
may direct that a qualified psychiatrist retained by the defendant be permitted to 5
witness and participate in the examination. 6
* Sec. 29. AS 12.47.100(b) is amended to read: 7
(b) If, before imposition of sentence, the prosecuting attorney or the attorney 8
for the defendant has reasonable cause to believe that the defendant is presently 9
suffering from a mental disease or defect that causes the defendant to be unable to 10
understand the proceedings or to assist in the person's own defense, the attorney may 11
file a motion for a judicial determination of the competency of the defendant. Upon 12
that motion, or upon its own motion, the court, if justified by findings of fact and 13
conclusions of law, shall have the defendant examined by at least one qualified 14
psychiatrist or psychologist, who shall report to the court concerning the competency 15
of the defendant. For the purpose of the examination, the court may order the 16
defendant committed for a reasonable period to a suitable hospital or other facility 17
designated by the court. If the report of the psychiatrist or psychologist indicates that 18
the defendant is incompetent, the court shall hold a hearing, upon due notice, at which 19
evidence as to the competency of the defendant may be submitted, including that of 20
the reporting psychiatrist or psychologist, and make appropriate findings. Before the 21
hearing, the court shall, upon request of the prosecuting attorney, order the defendant 22
to submit to an additional evaluation by a psychiatrist or psychologist designated by 23
the prosecuting attorney. 24
* Sec. 30. AS 12.47.100 is amended by adding new subsections to read: 25
(i) The court may order a defendant to be examined under this section at an 26
outpatient clinic or other facility as a condition of the defendant's release under 27
AS 12.30. In considering the conditions of a defendant's release under this subsection, 28
the court shall, in addition to any applicable requirement under AS 12.30, consider 29
(1) any medical information provided by the Department of Family 30
and Community Services; 31 33-GH1482\I.A
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(2) the defendant's mental condition; 1
(3) the defendant's level of need for evaluation and treatment under 2
this chapter; 3
(4) the defendant's ability to participate in outpatient treatment; and 4
(5) the defendant's history of evaluation and treatment under this 5
chapter. 6
(j) If the defendant is charged with a felony offense against a person under 7
AS 11.41 or felony arson, a qualified psychiatrist or psychologist conducting an 8
examination under (b) of this section may, at the same time, evaluate the defendant to 9
determine whether the defendant meets the standards for involuntary commitment 10
under AS 47.30.700 - 47.30.915. 11
(k) In making findings of fact and conclusions of law under (b) of this section, 12
a court may rely on a defense attorney's representation. 13
* Sec. 31. AS 12.47.110 is amended by adding new subsections to read: 14
(f) The court may order a defendant to receive further evaluation and 15
treatment under (a) or (b) of this section at an outpatient clinic or other facility as a 16
condition of the defendant's release under AS 12.30. In considering the conditions of a 17
defendant's release under this subsection, the court shall, in addition to any applicable 18
requirement under AS 12.30, consider 19
(1) any medical information provided by the Department of Family 20
and Community Services; 21
(2) the defendant's mental condition; 22
(3) the defendant's level of need for evaluation and treatment under 23
this chapter; 24
(4) the defendant's ability to participate in outpatient treatment; and 25
(5) the defendant's history of evaluation and treatment under this 26
chapter. 27
(g) Before criminal charges against a defendant charged with a felony offense 28
against a person under AS 11.41 or felony arson are dismissed under (b) of this 29
section, the prosecutor shall 30
(1) file a petition seeking involuntary commitment of the defendant 31 33-GH1482\I.A
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under AS 47.30.706 before dismissal of the charges; 1
(2) notify the division of the Department of Law that has responsibility 2
for civil cases of the petition within 24 hours after filing the petition; and 3
(3) provide the court's findings to the division of the Department of 4
Law that has responsibility for civil cases within 24 hours after the court's ruling. 5
* Sec. 32. AS 12.55.125(c) is amended to read: 6
(c) Except as provided in (i) of this section, a defendant convicted of a class A 7
felony may be sentenced to a definite term of imprisonment of not more than 20 years, 8
and shall be sentenced to a definite term within the following presumptive ranges, 9
subject to adjustment as provided in AS 12.55.155 - 12.55.175: 10
(1) if the offense is a first felony conviction and does not involve 11
circumstances described in (2) of this subsection, four to seven years; 12
(2) if the offense is a first felony conviction 13
(A) and the defendant possessed a firearm, used a dangerous 14
instrument, or caused serious physical injury or death during the commission 15
of the offense, or knowingly directed the conduct constituting the offense at a 16
uniformed or otherwise clearly identified peace officer, firefighter, correctional 17
employee, emergency medical technician, paramedic, ambulance attendant, or 18
other emergency responder who was engaged in the performance of official 19
duties at the time of the offense, seven to 11 years; 20
(B) and the conviction is for manufacturing related to 21
methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 22
(i) the manufacturing occurred in a building with 23
reckless disregard that the building was used as a permanent or 24
temporary home or place of lodging for one or more children under 18 25
years of age or the building was a place frequented by children; or 26
(ii) in the course of manufacturing or in preparation for 27
manufacturing, the defendant obtained the assistance of one or more 28
children under 18 years of age or one or more children were present; 29
(C) and the conviction is for manufacturing or delivery 30
under AS 11.71.021(a)(1) related to a schedule IA controlled substance set 31 33-GH1482\I.A
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out in AS 11.71.140(c)(29) or under AS 11.71.021(a)(6) related to a 1
schedule IIA controlled substance set out in AS 11.71.150(e)(2), four to 11 2
years; 3
(3) if the offense is a second felony conviction, 10 to 14 years; 4
(4) if the offense is a third felony conviction and the defendant is not 5
subject to sentencing under (l) of this section, 15 to 20 years. 6
* Sec. 33. AS 12.55.125(i) is amended to read: 7
(i) A defendant convicted of 8
(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 9
(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 10
under AS 11.41.455(c)(2), or sex trafficking in the first degree under 11
AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 12
than 99 years and shall be sentenced to a definite term within the following 13
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 14
(A) if the offense is a first felony conviction, the offense does 15
not involve circumstances described in (B) of this paragraph, and the victim 16
was 17
(i) less than 13 years of age, 25 to 35 years; 18
(ii) 13 years of age or older, 20 to 30 years; 19
(B) if the offense is a first felony conviction and the defendant 20
possessed a firearm, used a dangerous instrument, or caused serious physical 21
injury during the commission of the offense, 25 to 35 years; 22
(C) if the offense is a second felony conviction and does not 23
involve circumstances described in (D) of this paragraph, 30 to 40 years; 24
(D) if the offense is a second felony conviction and the 25
defendant has a prior conviction for a sexual felony, 35 to 45 years; 26
(E) if the offense is a third felony conviction and the defendant 27
is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 28
to 60 years; 29
(F) if the offense is a third felony conviction, the defendant is 30
not subject to sentencing under (l) of this section, and the defendant has two 31 33-GH1482\I.A
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prior convictions for sexual felonies, 99 years; 1
(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 2
unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 3
under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 4
in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 5
minor in the first degree, or sex trafficking in the first degree under 6
AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 7
than 99 years and shall be sentenced to a definite term within the following 8
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 9
(A) if the offense is a first felony conviction, the offense does 10
not involve circumstances described in (B) of this paragraph, and the victim 11
was 12
(i) under 13 years of age, 20 to 30 years; 13
(ii) 13 years of age or older, 15 to 30 years; 14
(B) if the offense is a first felony conviction and the defendant 15
possessed a firearm, used a dangerous instrument, or caused serious physical 16
injury during the commission of the offense, 25 to 35 years; 17
(C) if the offense is a second felony conviction and does not 18
involve circumstances described in (D) of this paragraph, 25 to 35 years; 19
(D) if the offense is a second felony conviction and the 20
defendant has a prior conviction for a sexual felony, 30 to 40 years; 21
(E) if the offense is a third felony conviction, the offense does 22
not involve circumstances described in (F) of this paragraph, and the defendant 23
is not subject to sentencing under (l) of this section, 35 to 50 years; 24
(F) if the offense is a third felony conviction, the defendant is 25
not subject to sentencing under (l) of this section, and the defendant has two 26
prior convictions for sexual felonies, 99 years; 27
(3) sexual assault in the second degree, sexual abuse of a minor in the 28
second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 29
first degree under AS 11.41.458(b)(2), distribution of child sexual abuse material 30
[PORNOGRAPHY] under AS 11.61.125(e)(2), patron of a victim of sex trafficking 31 33-GH1482\I.A
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under AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault 1
in the first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite term of 2
imprisonment of not more than 99 years and shall be sentenced to a definite term 3
within the following presumptive ranges, subject to adjustment as provided in 4
AS 12.55.155 - 12.55.175: 5
(A) if the offense is a first felony conviction, five to 15 years; 6
(B) if the offense is a second felony conviction and does not 7
involve circumstances described in (C) of this paragraph, 10 to 25 years; 8
(C) if the offense is a second felony conviction and the 9
defendant has a prior conviction for a sexual felony, 15 to 30 years; 10
(D) if the offense is a third felony conviction and does not 11
involve circumstances described in (E) of this paragraph, 20 to 35 years; 12
(E) if the offense is a third felony conviction and the defendant 13
has two prior convictions for sexual felonies, 99 years; 14
(4) sexual assault in the third degree, sexual abuse of a minor in the 15
third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 16
AS 11.41.458(b)(1), indecent viewing or production of a picture under 17
AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], possession of child sexual 18
abuse material [PORNOGRAPHY], distribution of child sexual abuse material 19
[PORNOGRAPHY] under AS 11.61.125(e)(1), patron of a victim of sex trafficking 20
under AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault 21
in the second degree, sexual abuse of a minor in the second degree, unlawful 22
exploitation of a minor, [OR] distribution of child sexual abuse material, or patron 23
of a victim of sex trafficking under AS 11.66.137 [PORNOGRAPHY], may be 24
sentenced to a definite term of imprisonment of not more than 99 years and shall be 25
sentenced to a definite term within the following presumptive ranges, subject to 26
adjustment as provided in AS 12.55.155 - 12.55.175: 27
(A) if the offense is a first felony conviction and does not 28
involve the circumstances described in (B) or (C) of this paragraph, two to 12 29
years; 30
(B) if the offense is a first felony conviction under 31 33-GH1482\I.A
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AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 1
paragraph, four to 12 years; 2
(C) if the offense is a first felony conviction under 3
AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 4
a mechanism for multi-party sharing or distribution of child sexual abuse 5
material [PORNOGRAPHY], or received a financial benefit or had a financial 6
interest in a child sexual abuse material [PORNOGRAPHY] sharing or 7
distribution mechanism, six to 14 years; 8
(D) if the offense is a second felony conviction and does not 9
involve circumstances described in (E) of this paragraph, eight to 15 years; 10
(E) if the offense is a second felony conviction and the 11
defendant has a prior conviction for a sexual felony, 12 to 20 years; 12
(F) if the offense is a third felony conviction and does not 13
involve circumstances described in (G) of this paragraph, 15 to 25 years; 14
(G) if the offense is a third felony conviction and the defendant 15
has two prior convictions for sexual felonies, 99 years. 16
* Sec. 34. AS 12.55.127(c) is amended to read: 17
(c) If the defendant is being sentenced for 18
(1) escape, the term of imprisonment shall be consecutive to the term 19
for the underlying crime; 20
(2) two or more crimes under AS 11.41, a consecutive term of 21
imprisonment shall be imposed for at least 22
(A) the mandatory minimum term under AS 12.55.125(a) for 23
each additional crime that is murder in the first degree; 24
(B) the mandatory minimum term for each additional crime 25
that is an unclassified felony governed by AS 12.55.125(b); 26
(C) the presumptive term specified in AS 12.55.125(c) or the 27
active term of imprisonment, whichever is less, for each additional crime that 28
is 29
(i) manslaughter; or 30
(ii) kidnapping that is a class A felony; 31 33-GH1482\I.A
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(D) two years or the active term of imprisonment, whichever is 1
less, for each additional crime that is criminally negligent homicide; 2
(E) one-fourth of the presumptive term under AS 12.55.125(c) 3
or (i) for each additional crime that is sexual assault in the first degree under 4
AS 11.41.410 or sexual abuse of a minor in the first degree under 5
AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 6
offenses; and 7
(F) some additional term of imprisonment for each additional 8
crime, or each additional attempt or solicitation to commit the offense, under 9
AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 10
11.41.500 - 11.41.520; 11
(3) two or more crimes of violation of condition of release under 12
AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 13
additional term of imprisonment for the underlying crime and each additional 14
crime under AS 11.56.757. 15
* Sec. 35. AS 12.55.127(d) is amended to read: 16
(d) If the defendant is being sentenced for two or more crimes of distribution 17
of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 18
of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 19
distribution of indecent material to minors under AS 11.61.128, a consecutive term of 20
imprisonment shall be imposed for some additional term of imprisonment for each 21
additional crime or each additional attempt or solicitation to commit the offense. 22
* Sec. 36. AS 12.55.185(16) is amended to read: 23
(16) "sexual felony" means sexual assault in the first degree, sexual 24
abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 25
the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 26
minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 27
patron of a victim of sex trafficking, indecent viewing or production of a picture 28
under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], distribution of child 29
sexual abuse material [PORNOGRAPHY], sexual assault in the third degree, incest, 30
indecent exposure in the first degree, possession of child sexual abuse material 31 33-GH1482\I.A
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[PORNOGRAPHY], enticement of a minor, and felony attempt, conspiracy, or 1
solicitation to commit those crimes; 2
* Sec. 37. AS 12.63.010(b) is amended to read: 3
(b) A sex offender or child kidnapper required to register under (a) of this 4
section shall register with the Department of Corrections if the sex offender or child 5
kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 6
police department located nearest to where the sex offender or child kidnapper resides 7
at the time of registration. To fulfill the registration requirement, the sex offender or 8
child kidnapper shall 9
(1) complete a registration form that includes the following 10
information, if applicable: [, AT A MINIMUM,] 11
(A) the sex offender's or child kidnapper's full name, mailing 12
and physical addresses, school address, telephone numbers used by the sex 13
offender or child kidnapper, social security number, passport 14
information, citizenship status, physical address of employment, name of 15
employer, job title [PLACE OF EMPLOYMENT], and date of birth; 16
(B) each conviction for a sex offense or child kidnapping for 17
which the duty to register has not terminated under AS 12.63.020, the date of 18
the sex offense or child kidnapping convictions, the place and court of the sex 19
offense or child kidnapping convictions, and whether the sex offender or child 20
kidnapper has been unconditionally discharged from the conviction for a sex 21
offense or child kidnapping and the date of the unconditional discharge; if the 22
sex offender or child kidnapper asserts that the offender or kidnapper has been 23
unconditionally discharged, the offender or kidnapper shall supply proof of 24
that discharge acceptable to the department; 25
(C) all aliases used; 26
(D) the sex offender's or child kidnapper's driver's license 27
number; 28
(E) the description, license numbers, and vehicle identification 29
numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 30
recreational vehicles, the sex offender or child kidnapper has access to, 31 33-GH1482\I.A
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regardless of whether that access is regular or not; 1
(F) any identifying features of the sex offender or child 2
kidnapper; 3
(G) anticipated changes of address and any temporary 4
lodging used by the sex offender or child kidnapper for seven days or 5
more; 6
(H) a statement concerning whether the offender or kidnapper 7
has had treatment for a mental abnormality or personality disorder since the 8
date of conviction for an offense requiring registration under this chapter; 9
[AND] 10
(I) each electronic mail address, instant messaging address, and 11
other Internet communication identifier used by the sex offender or child 12
kidnapper; and 13
(J) professional licensing information; 14
(2) allow the Alaska state troopers, Department of Corrections, [OR] 15
municipal police, or any peace officer to take a complete set of the sex offender's or 16
child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 17
kidnapper's photograph. 18
* Sec. 38. AS 12.63.010(d) is amended to read: 19
(d) A sex offender or child kidnapper required to register 20
(1) for 15 years under (a) of this section and AS 12.63.020 shall, 21
annually, during the term of a duty to register under AS 12.63.020, on a date set by the 22
department at the time of the sex offender's or child kidnapper's initial registration, 23
provide written verification to the department, in the manner required by the 24
department, of the information provided under (b)(1) of this section [SEX 25
OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 26
the information previously provided under (b)(1) of this section; 27
(2) for life under (a) of this section and AS 12.63.020 shall, not less 28
than quarterly, on a date set by the department, provide written verification to the 29
department, in the manner required by the department, of the information provided 30
under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 31 33-GH1482\I.A
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ADDRESS] and notice of any changes to the information previously provided under 1
(b)(1) of this section. 2
* Sec. 39. AS 12.63.010 is amended by adding new subsections to read: 3
(g) If a sex offender or child kidnapper plans to leave the state for 4
international travel after having registered under (a) of this section, the sex offender or 5
child kidnapper shall provide to the department or a municipal police department in 6
the state written notice of the plan for any intended travel outside the United States at 7
least 21 days before leaving the state for international travel. 8
(h) If a sex offender or child kidnapper is away from the physical address 9
provided to the department under (b)(1)(A) of this section for a period of seven days 10
or more, the sex offender or child kidnapper shall notify the department in writing of 11
the address being used by the sex offender or child kidnapper while away from the 12
physical address provided under (b)(1)(A) of this section. 13
* Sec. 40. AS 12.63.020(a) is amended to read: 14
(a) The duty of a sex offender or child kidnapper to comply with the 15
requirements of AS 12.63.010 is as follows: 16
(1) for a sex offender or child kidnapper, as that term is defined in 17
AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 18
(A) continues for the lifetime of a sex offender or child 19
kidnapper convicted of 20
(i) one aggravated sex offense; or 21
(ii) two or more sex offenses, two or more child 22
kidnappings, or one sex offense and one child kidnapping; for purposes 23
of this section, a person convicted of indecent exposure before a person 24
under 16 years of age under AS 11.41.460 more than two times has 25
been convicted of two or more sex offenses; 26
(B) ends 15 years following the sex offender's or child 27
kidnapper's unconditional discharge from a conviction for a single sex offense 28
that is not an aggravated sex offense or for a single child kidnapping if the sex 29
offender or child kidnapper has supplied proof that is acceptable to the 30
department of the unconditional discharge; the registration period under this 31 33-GH1482\I.A
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subparagraph 1
(i) is tolled for the period [EACH YEAR] that a sex 2
offender or child kidnapper fails to comply with the requirements of 3
this chapter or is incarcerated for the offense or kidnapping for which 4
the offender or kidnapper is required to register or for any other 5
offense; 6
(ii) may include the time a sex offender or child 7
kidnapper was absent from this state if the sex offender or child 8
kidnapper has complied with any sex offender or child kidnapper 9
registration requirements of the jurisdiction in which the offender or 10
kidnapper was located and if the sex offender or child kidnapper 11
provides the department with proof of the compliance while the sex 12
offender or child kidnapper was absent from this state; and 13
(iii) continues for a sex offender or child kidnapper who 14
has not supplied proof acceptable to the department of the offender's or 15
kidnapper's unconditional discharge for the sex offense or child 16
kidnapping requiring registration; 17
(2) for a sex offender or child kidnapper, as that term is defined in 18
AS 12.63.100(6)(B), the duty continues for the period determined by the department 19
under (b) of this section. 20
* Sec. 41. AS 12.63.100(7) is amended to read: 21
(7) "sex offense" means 22
(A) a crime under AS 11.41.100(a)(3), or a similar law of 23
another jurisdiction, in which the person committed or attempted to commit a 24
sexual offense, or a similar offense under the laws of the other jurisdiction; in 25
this subparagraph, "sexual offense" has the meaning given in 26
AS 11.41.100(a)(3); 27
(B) a crime under AS 11.41.110(a)(3), or a similar law of 28
another jurisdiction, in which the person committed or attempted to commit 29
one of the following crimes, or a similar law of another jurisdiction: 30
(i) sexual assault in the first degree; 31 33-GH1482\I.A
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(ii) sexual assault in the second degree; 1
(iii) sexual abuse of a minor in the first degree; or 2
(iv) sexual abuse of a minor in the second degree; 3
(C) a crime, or an attempt, solicitation, or conspiracy to commit 4
a crime, under the following statutes or a similar law of another jurisdiction: 5
(i) AS 11.41.410 - 11.41.438; 6
(ii) AS 11.41.440(a)(2); 7
(iii) AS 11.41.450 - 11.41.458; 8
(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 9
exposure is before a person under 16 years of age and the offender has 10
previously been convicted under AS 11.41.460 or AS 26.05.900(c); 11
(v) AS 11.61.125 - 11.61.128; 12
(vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 13
AS 26.05.900(b) if the person who was induced or caused to engage in 14
prostitution was under 20 years of age at the time of the offense; 15
(vii) former AS 11.15.120, former 11.15.134, or assault 16
with the intent to commit rape under former AS 11.15.160, former 17
AS 11.40.110, or former 11.40.200; 18
(viii) AS 11.61.118(a)(2) if the offender has a previous 19
conviction for that offense; 20
(ix) AS 11.66.100(a)(2) if the offender is subject to 21
punishment under former AS 11.66.100(e); 22
(x) AS 26.05.890 if the person engaged in sexual 23
penetration or sexual contact with the victim; 24
(xi) AS 26.05.890 if, at the time of the offense, the 25
victim is under a duty to obey the lawful orders of the offender, 26
regardless of whether the offender is in the direct chain of command 27
over the victim; 28
(xii) AS 26.05.893 if the person engaged in sexual 29
penetration or sexual contact with the victim; 30
(xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 31 33-GH1482\I.A
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victim is under 18 years of age at the time of the offense; 1
(xiv) AS 26.05.900 if, at the time of the offense, the 2
victim is under a duty to obey the lawful orders of the offender, 3
regardless of whether the offender is in the direct chain of command 4
over the victim; [OR] 5
(xv) AS 11.61.123 if the offender is subject to 6
punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 7
(2)]; 8
(xvi) AS 11.66.137; 9
(xvii) AS 11.61.130(a)(2); or 10
(xviii) AS 11.66.110 and 11.66.120; 11
(D) an offense, or an attempt, solicitation, or conspiracy to 12
commit an offense, under AS 26.05.935(b), or a similar law of another 13
jurisdiction, if the member of the militia commits one of the following 14
enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 15
Code of Military Justice): 16
(i) child sexual abuse material [PORNOGRAPHY]; or 17
(ii) pandering and prostitution if the person who is 18
induced, enticed, caused, or procured to engage in a sexual act is under 19
20 years of age at the time of the offense; or 20
(E) an offense in which the person is required to register as a 21
sex offender under the laws of another jurisdiction; 22
* Sec. 42. AS 15.80.010(10) is amended to read: 23
(10) "felony involving moral turpitude" includes those crimes that are 24
immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 25
sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 26
coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 27
forgery device, offering a false instrument for recording, scheme to defraud, falsifying 28
business records, commercial bribe receiving, commercial bribery, bribery, receiving a 29
bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 30
escape, promoting contraband, interference with official proceedings, receiving a bribe 31 33-GH1482\I.A
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by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 1
evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 2
explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 3
misconduct involving a controlled substance or an imitation controlled substance, 4
permitting an escape, promoting gambling, possession of gambling records, 5
distribution of child sexual abuse material [PORNOGRAPHY], and possession of 6
child sexual abuse material [PORNOGRAPHY]; 7
* Sec. 43. AS 18.66.990(3) is amended to read: 8
(3) "domestic violence" and "crime involving domestic violence" mean 9
one or more of the following offenses or an offense under a law or ordinance of 10
another jurisdiction having elements similar to these offenses, or an attempt to commit 11
the offense, by a household member against another household member: 12
(A) a crime against the person under AS 11.41; 13
(B) burglary under AS 11.46.300 - 11.46.310; 14
(C) criminal trespass under AS 11.46.320 - 11.46.330; 15
(D) arson or criminally negligent burning under AS 11.46.400 - 16
11.46.430; 17
(E) criminal mischief under AS 11.46.475 - 11.46.486; 18
(F) terrorist threatening under AS 11.56.807 or 11.56.810; 19
(G) violating a protective order under AS 11.56.740(a)(1); 20
(H) harassment under AS 11.61.120(a)(2) - (4) or (6); [OR] 21
(I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 22
a pet; 23
(J) interfering with a report of a crime involving domestic 24
violence under AS 11.56.745 if the person interfering with the report is the 25
person who committed the underlying crime involving domestic violence; 26
or 27
(K) unlawful contact under AS 11.56.750 or 11.56.755; 28
* Sec. 44. AS 28.15.046(c) is amended to read: 29
(c) The department may not issue a license under this section to an applicant 30
(1) who has been convicted of any of the following offenses: 31 33-GH1482\I.A
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(A) a violation, or an attempt, solicitation, or conspiracy to 1
commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 2
11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 3
(B) a felony violation of endangering the welfare of a child in 4
the first degree under AS 11.51.100; 5
(C) felony indecent viewing or production of a picture under 6
AS 11.61.123; 7
(D) distribution of child sexual abuse material 8
[PORNOGRAPHY] under AS 11.61.125; 9
(E) possession of child sexual abuse material 10
[PORNOGRAPHY] under AS 11.61.127; 11
(F) distribution of indecent material to minors under 12
AS 11.61.128; 13
(G) felony prostitution under AS 11.66.100(e); patron of a 14
victim of sex trafficking under AS 11.66.137 [FELONY PROSTITUTION 15
UNDER AS 11.66.100(e)] 16
(H) sex trafficking in the first, second, or third degree under 17
AS 11.66.110 - 11.66.130; 18
(I) a felony involving distribution of a controlled substance 19
under AS 11.71 or imitation controlled substance under AS 11.73; 20
(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 21
or 22
(2) who has been convicted of any of the following offenses and less 23
than two years have elapsed since the applicant's date of conviction for the offense: 24
(A) assault in the fourth degree under AS 11.41.230; 25
(B) reckless endangerment under AS 11.41.250; 26
(C) contributing to the delinquency of a minor under 27
AS 11.51.130; 28
(D) misdemeanor prostitution under AS 11.66.100(a)(2); 29
(E) a misdemeanor violation of endangering the welfare of a 30
child in the first degree under AS 11.51.100. 31 33-GH1482\I.A
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* Sec. 45. AS 47.12.110(d) is amended to read: 1
(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 2
the adjudication of a minor as a delinquent shall be open to the public, except as 3
prohibited or limited by order of the court, if 4
(1) the department files with the court a motion asking the court to 5
open the hearing to the public, and the petition seeking adjudication of the minor as a 6
delinquent is based on 7
(A) the minor's alleged commission of an offense, and the 8
minor has knowingly failed to comply with all the terms and conditions 9
required of the minor by the department or imposed on the minor in a court 10
order entered under AS 47.12.040(a)(2) or 47.12.120; 11
(B) the minor's alleged commission of 12
(i) a crime against a person that is punishable as a 13
felony; 14
(ii) a crime in which the minor employed a deadly 15
weapon, as that term is defined in AS 11.81.900(b), in committing the 16
crime; 17
(iii) arson under AS 11.46.400 - 11.46.410; 18
(iv) burglary under AS 11.46.300; 19
(v) distribution of child sexual abuse material 20
[PORNOGRAPHY] under AS 11.61.125; 21
(vi) sex trafficking in the first degree under 22
AS 11.66.110; or 23
(vii) misconduct involving a controlled substance under 24
AS 11.71 involving the delivery of a controlled substance or the 25
possession of a controlled substance with intent to deliver, other than 26
an offense under AS 11.71.040 or 11.71.050; or 27
(C) the minor's alleged commission of a felony and the minor 28
was 16 years of age or older at the time of commission of the offense when the 29
minor has previously been convicted or adjudicated a delinquent minor based 30
on the minor's commission of an offense that is a felony; or 31 33-GH1482\I.A
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(2) the minor agrees to a public hearing on the petition seeking 1
adjudication of the minor as a delinquent. 2
* Sec. 46. AS 47.12.315(a) is amended to read: 3
(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 4
section, the department shall disclose information to the public, on request, concerning 5
a minor subject to this chapter who was at least 13 years of age at the time of 6
commission of 7
(1) a felony offense against a person under AS 11.41; 8
(2) arson in the first or second degree; 9
(3) burglary in the first degree; 10
(4) distribution of child sexual abuse material [PORNOGRAPHY]; 11
(5) sex trafficking in the first degree; 12
(6) misconduct involving a controlled substance in the first, second, or 13
third degrees involving distribution or possession with intent to deliver; or 14
(7) misconduct involving weapons in the first through fourth degrees. 15
* Sec. 47. AS 47.14.300(a) is amended to read: 16
(a) The department, a state or municipal agency with expertise in child abuse 17
or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 18
as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act 19
of 1994) with expertise in child abuse or neglect, in partnership with the department, 20
may facilitate the initial establishment of a multidisciplinary child protection team. 21
The purpose of a team is to assist in the evaluation and investigation of reports of child 22
abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 23
department or a law enforcement agency; to assist in the evaluation and 24
investigation of reports of sexual contact or sexual penetration, as defined in 25
AS 11.81.900(b), occurring between children under 13 years of age; and to provide 26
consultation and coordination for agencies involved in child-in-need-of-aid cases 27
under AS 47.10. The multidisciplinary child protection teams shall 28
(1) ensure that investigations involving child abuse or neglect are 29
coordinated and conducted by trained investigators; 30
(2) take and recommend steps to avoid duplicative interviews of 31 33-GH1482\I.A
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children; 1
(3) assist in the reduction of trauma to a child and family involved in 2
an investigation of child abuse or neglect; and 3
(4) review records, provide consultation, and make recommendations 4
to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 5
the team by a team member. 6
* Sec. 48. AS 47.30.700 is amended by adding a new subsection to read: 7
(d) A peace officer may take a respondent into custody under (a) of 8
this section only if the ex parte order authorizing the peace officer to take the 9
respondent into custody is transmitted to the peace officer through a distribution 10
method that permits the peace officer to verify that the order originated from a court. 11
If the peace officer receives an order through a distribution method that does not 12
permit the peace officer to verify that the order originated from a court, the peace 13
officer shall contact the court and request that the court transmit the order to the peace 14
officer through a suitable distribution method. The court shall immediately comply. A 15
facsimile transmission from a telephone number, or electronic mail from an electronic 16
mail address, known by the peace officer to belong to a court is sufficient to satisfy 17
this subsection. 18
* Sec. 49. AS 47.30 is amended by adding a new section to read: 19
Sec. 47.30.706. Detention for evaluation after finding of incompetence. (a) 20
If a person who has been charged with a felony offense against a person under 21
AS 11.41 or felony arson has been found incompetent to proceed under AS 12.47, 22
before the charges are dismissed, an attorney with the Department of Law shall 23
petition a court to have the person delivered to the nearest evaluation facility for an 24
evaluation under AS 47.30.710. 25
(b) Upon receiving a petition under (a) of this section, a court shall, unless the 26
presumption in (d) of this section has been successfully rebutted, issue an ex parte 27
order orally or in writing stating that there is probable cause to believe the respondent 28
is mentally ill and that condition causes the respondent to present a likelihood of 29
serious harm to self or others. The court shall appoint an attorney to represent the 30
respondent and may direct that a peace officer take the respondent into custody and 31 33-GH1482\I.A
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deliver the respondent to the nearest appropriate facility for evaluation. The ex parte 1
order shall be provided to the respondent and made a part of the respondent's clinical 2
record. The court shall set a date, time, and place for a 30-day commitment hearing, to 3
be held within 72 hours after the respondent's arrival at the evaluation facility. The 4
court shall confirm an oral order in writing within 24 hours after it is issued. 5
(c) A respondent taken into custody for evaluation under this section may not 6
be placed in a jail or other correctional facility except for protective custody purposes 7
and only while awaiting transportation to an evaluation facility. 8
(d) A defendant charged with a felony offense against a person under 9
AS 11.41 or felony arson and found to be incompetent to proceed under AS 12.47.100 10
is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to 11
self or others. In evaluating whether a defendant is likely to cause serious harm under 12
this section, the court may consider the conduct with which the defendant was 13
originally charged as evidence of recent behavior, regardless of any time spent in 14
custody. 15
* Sec. 50. AS 47.30.710(a) is amended to read: 16
(a) A respondent who is delivered under AS 47.30.700 - 47.30.706 17
[AS 47.30.700 - 47.30.705] to an evaluation facility for [EMERGENCY] examination 18
and treatment shall be examined and evaluated as to mental and physical condition by 19
a mental health professional and by a physician within 24 hours after arrival at the 20
facility. 21
* Sec. 51. AS 47.30.715 is repealed and reenacted to read: 22
Sec. 47.30.715. Procedure after order. (a) After the court grants an ex parte 23
order authorizing hospitalization for evaluation, the department shall immediately 24
transport a person who is detained at a medical or other facility, including a 25
correctional facility, to a crisis residential center or evaluation facility for an 26
evaluation. 27
(b) A person being detained while awaiting transportation to a crisis 28
residential center or evaluation facility may request a court hearing to review the 29
detention at any time. The hearing shall be held not later than 72 hours after the 30
request is filed. When the court rules on a request for review of the detention pending 31 33-GH1482\I.A
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transportation, the court shall consider the factors listed in (d) of this section. 1
(c) A person may not be detained for more than seven days while awaiting 2
transportation to a crisis residential center or evaluation facility; however, the 3
department or a facility detaining a person under AS 47.30.700 - 47.30.815 may file a 4
request to extend the detention based on the person continuing to meet the standards 5
for commitment under AS 47.30.700 and the need for a continued hold. The request 6
must be supported by the verified or certified statement of a mental health professional 7
and be served on the respondent, the respondent's attorney, and the division of the 8
Department of Law that has responsibility for civil cases. When the court decides a 9
request to extend the detention pending transportation, the court shall consider the 10
factors identified in (d) of this section. 11
(d) When ruling on a request to review or extend detention, the court shall 12
consider the totality of the circumstances, including 13
(1) the length of time the person has been detained; 14
(2) the reason the person has not yet been transported; 15
(3) the person's current medical and psychiatric condition; 16
(4) whether the person is gravely disabled or is likely to cause serious 17
harm to self or others; and 18
(5) whether the person is receiving treatment at the person's current 19
placement. 20
(e) The court shall schedule a hearing to decide a request for review under (b) 21
of this section or a request to extend detention under (c) of this section. The hearing 22
shall be held not later than 72 hours after the request for review or the request to 23
extend detention, as applicable. If a hearing is held after expiration of the seven-day 24
detention period, the detention shall be extended until the hearing. 25
(f) Regardless of whether a request to extend the respondent's detention has 26
been filed, if at any time in the course of the detention a mental health professional at 27
the detaining facility determines that the person does not meet the standards for 28
commitment under AS 47.30.700, the respondent shall be released and the facility 29
shall notify the petitioner, the respondent's attorney, the division of the Department of 30
Law that has responsibility for civil cases, and the court. 31 33-GH1482\I.A
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(g) When an evaluation facility receives a proper order for evaluation, it shall 1
accept the order and the respondent for an evaluation period not to exceed 72 hours. 2
The evaluation facility shall promptly notify the court of the date and time of the 3
respondent's arrival. The court shall set a date, time, and place for a 30-day 4
commitment hearing, to be held if needed within 72 hours after the respondent's 5
arrival, and the court shall notify the evaluation facility, the respondent, the 6
respondent's guardian, if any, the respondent's attorney, the petitioner's attorney, if 7
any, and the attorney general of the time and place of the hearing. Evaluation 8
personnel, when used, shall similarly notify the court of the date and time when they 9
first met with the respondent. 10
* Sec. 52. AS 47.30.725 is amended by adding new subsections to read: 11
(g) If a criminal charge of a felony offense against a person under AS 11.41 or 12
felony arson against a respondent has been dismissed under AS 12.47.110 and the 13
respondent is detained for evaluation or committed under AS 47.30.700 - 47.30.915, 14
(1) the Department of Law shall notify a victim in the dismissed 15
criminal case 16
(A) of the time and place of a hearing under AS 47.30.700 - 17
47.30.915; 18
(B) of the length of time for which the respondent is committed 19
and findings of fact made by the court; and 20
(C) when the respondent is discharged from commitment; and 21
(2) a victim in the dismissed criminal case may attend a hearing under 22
AS 47.30.700 - 47.30.915, but may not disclose confidential information from the 23
hearing. 24
(h) Subsection (g) of this section may not be construed to give a victim in a 25
dismissed criminal case the right to access a record that is confidential under 26
AS 47.30.845. 27
* Sec. 53. AS 47.30 is amended by adding a new section to read: 28
Sec. 47.30.727. Provision of records and notice following a finding of 29
incompetency in a criminal case. (a) Within 30 days after a respondent has been 30
found incompetent to proceed under AS 12.47.110 and committed under AS 47.30.700 31 33-GH1482\I.A
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- 47.30.915, and every 30 days thereafter until the civil commitment case has 1
concluded, the division of the Department of Law that has responsibility for civil cases 2
shall provide all information and records obtained during the civil commitment to the 3
division of the Department of Law that has responsibility for criminal cases. 4
(b) Records disclosed to the division of the Department of Law that has 5
responsibility for criminal cases under (a) of this section are confidential and may not 6
be disclosed to anyone unless disclosure is required by a court order or the respondent 7
provides written consent to the disclosure. If the records are used in the criminal 8
proceeding, the moving party shall file the records as confidential documents. 9
(c) A facility housing a respondent found incompetent to proceed under 10
AS 12.47.110 and committed under AS 47.30.700 - 47.30.915 shall provide notice to 11
the prosecutor in the criminal case of all hearings scheduled by the court in the civil 12
commitment case. The prosecutor, or a staff member of the prosecutor's office, may 13
attend a hearing in the civil commitment case but may not participate in the hearing as 14
a party. 15
* Sec. 54. AS 47.30.735(b) is amended to read: 16
(b) The hearing shall be conducted in a physical setting least likely to have a 17
harmful effect on the mental or physical health of the respondent, within practical 18
limits. At the hearing, in addition to other rights specified in AS 47.30.660 - 19
47.30.915, the respondent has the right 20
(1) to be present at the hearing; this right may be waived only with the 21
respondent's informed consent; if the respondent is incapable of giving informed 22
consent, the respondent may be excluded from the hearing only if the court, after 23
hearing, finds that the incapacity exists and that there is a substantial likelihood that 24
the respondent's presence at the hearing would be severely injurious to the 25
respondent's mental or physical health; 26
(2) to view and copy all petitions and reports in the court file of the 27
respondent's case; 28
(3) to have the hearing open or closed to the public as the respondent 29
elects, except that, if the respondent was charged with a felony offense against a 30
person under AS 11.41 or felony arson and the criminal case was dismissed under 31 33-GH1482\I.A
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AS 12.47.110, an alleged victim in the dismissed criminal case and the prosecutor, 1
or a staff member of the prosecutor's office, may attend the hearing, but may not 2
disclose confidential information from the hearing; 3
(4) to have the rules of evidence and civil procedure applied so as to 4
provide for the informal but efficient presentation of evidence; 5
(5) to have an interpreter if the respondent does not understand 6
English; 7
(6) to present evidence on the respondent's behalf; 8
(7) to cross-examine witnesses who testify against the respondent; 9
(8) to remain silent; 10
(9) to call experts and other witnesses to testify on the respondent's 11
behalf. 12
* Sec. 55. AS 47.30 is amended by adding a new section to read: 13
Sec. 47.30.771. Additional two-year commitment. (a) The respondent shall 14
be released from involuntary treatment at the expiration of 180 days unless the 15
professional person in charge or the attorney general's office files an additional 180-16
day petition or a petition for a commitment of up to two years conforming to the 17
requirements of AS 47.30.740(a) except that all references to "30-day commitment" 18
shall be read as "the previous 180-day commitment" and all references to "90-day 19
commitment" shall be read as "two-year commitment." 20
(b) The procedures for service of the petition, notification of rights, and 21
judicial hearing shall be as set out in AS 47.30.740 - 47.30.750. Following a 180-day 22
commitment of a respondent, the court may order the respondent committed for an 23
additional treatment period not to exceed two years from the date on which the 180-24
day treatment period would have expired if the court or jury finds by clear and 25
convincing evidence that 26
(1) the respondent is mentally ill and as a result is likely to cause 27
serious harm to self or others; 28
(2) the respondent has a criminal history that includes a felony offense 29
against a person under AS 11.41 or felony arson, including an offense for which the 30
respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110; 31 33-GH1482\I.A
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(3) the respondent has been found incompetent to stand trial under 1
AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41 or 2
felony arson and that finding of incompetence led directly to the respondent's current 3
period of commitment; and 4
(4) the period of commitment of the respondent, including a period of 5
commitment for more than 180 days but not more than two years, is necessary to 6
protect the public. 7
(c) Findings of fact relating to the respondent's behavior made at a 30-day 8
commitment hearing under AS 47.30.735, a 90-day commitment hearing under 9
AS 47.30.750, a 180-day commitment hearing under AS 47.30.770, or a two-year 10
commitment hearing under this section shall be admitted as evidence and may not be 11
rebutted except that newly discovered evidence may be used for the purpose of 12
rebutting the findings. 13
(d) Successive commitments are permissible on the same ground and under 14
the same procedures as the original commitment. An order of commitment may not 15
exceed two years. 16
(e) The department shall, by January 30 of each year, submit to the attorney 17
general, public defender, public advocate, Alaska Court System, and the attorney of 18
record for the respondent, if any, a report that details how many respondents are 19
committed under this section and how much time remains on each order of 20
commitment. 21
* Sec. 56. AS 47.30.780(a) is amended to read: 22
(a) Except as provided in (b) and (c) of this section, the professional person in 23
charge shall at any time discharge a respondent on the ground that the respondent is no 24
longer gravely disabled or likely to cause serious harm as a result of mental illness. A 25
certificate to this effect shall be sent to the court, which shall enter an order officially 26
terminating the involuntary commitment. 27
* Sec. 57. AS 47.30.780 is amended by adding new subsections to read: 28
(c) If a respondent committed under AS 47.30.770 or 47.30.771 has a criminal 29
history that includes a felony offense against a person under AS 11.41 or felony arson, 30
including an offense for which the respondent was found incompetent to stand trial 31 33-GH1482\I.A
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under AS 12.47.100 and 12.47.110, the professional person in charge may not 1
discharge the respondent under (a) of this section unless the court enters an order 2
officially terminating the involuntary commitment. The court shall give the 3
prosecuting authority 10 days' notice before the professional person in charge may 4
discharge a respondent under this subsection. 5
(d) Except as provided in (e) of this section, a respondent committed under 6
AS 47.30.771 may petition the court for early discharge at any time during the 7
commitment if the respondent presents some evidence demonstrating that the 8
respondent is no longer likely to cause serious harm to self or others. The court shall 9
grant early discharge unless the state proves by clear and convincing evidence that the 10
respondent remains likely to cause serious harm to self or others. 11
(e) A respondent may not file a petition for early discharge within 180 days 12
after the date the court enters an initial commitment order or a final order ruling on a 13
previous petition for early discharge. 14
* Sec. 58. AS 47.30.805(a) is amended to read: 15
(a) Except as provided in (b) of this section, 16
(1) computations of a 72-hour [EVALUATION] period under 17
AS 47.30.706, 47.30.708, [AS 47.30.708] or 47.30.715 or a 48-hour [DETENTION] 18
period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any 19
period of time necessary to transport the respondent to the treatment facility, except 20
that if the exclusion of Saturdays, Sundays, and legal holidays from the computation 21
of a 72-hour evaluation period or 48-hour detention period would result in the 22
respondent being held for longer than 72 hours or 48 hours, as applicable, the period 23
ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday; 24
(2) a seven-day detention at a crisis residential center expires at the end 25
of the seventh day following the respondent's arrival at the crisis stabilization center or 26
the crisis residential center, whichever is earlier; 27
(3) a 30-day commitment period expires at the end of the 30th day 28
after the 72 hours following initial acceptance; 29
(4) a 90-day commitment period expires at the end of the 90th day 30
after the expiration of a 30-day period of treatment; 31 33-GH1482\I.A
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(5) a 180-day commitment period expires at the end of the 180th day, 1
after the expiration of a 90-day period of treatment or previous 180-day period, 2
whichever is applicable; 3
(6) a two-year commitment period expires not later than two years 4
after the expiration of a 180-day period of treatment. 5
* Sec. 59. AS 47.30.845 is amended to read: 6
Sec. 47.30.845. Confidential records. Information and records obtained in the 7
course of a screening investigation, evaluation, examination, or treatment are 8
confidential and are not public records, except as the requirements of a hearing under 9
AS 47.30.660 - 47.30.915 may necessitate a different procedure. Information and 10
records may be copied and disclosed under regulations established by the department 11
only to 12
(1) a physician or a provider of health, mental health, or social and 13
welfare services involved in caring for, treating, or rehabilitating the patient; 14
(2) the patient or an individual to whom the patient has given written 15
consent to have information disclosed; 16
(3) a person authorized by a court order; 17
(4) a person doing research or maintaining health statistics if the 18
anonymity of the patient is assured and the facility recognizes the project as a bona 19
fide research or statistical undertaking; 20
(5) the Department of Corrections in a case in which a prisoner 21
confined to the state prison is a patient in the state hospital on authorized transfer 22
either by voluntary admission or by court order; 23
(6) a governmental or law enforcement agency when necessary to 24
secure the return of a patient who is on unauthorized absence from a facility where the 25
patient was undergoing evaluation or treatment; 26
(7) a law enforcement agency when there is substantiated concern over 27
imminent danger to the community by a presumed mentally ill person; 28
(8) the department in a case in which services provided under 29
AS 47.30.660 - 47.30.915 are paid for, in whole or in part, by the department or in 30
which a person has applied for or has received assistance from the department for 31 33-GH1482\I.A
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those services; 1
(9) the Department of Public Safety as provided in AS 47.30.907; 2
information provided under this paragraph may not include diagnostic or clinical 3
information regarding a patient; 4
(10) the Department of Law as provided in AS 47.30.727. 5
* Sec. 60. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 6
2019, is amended to read: 7
(c) The following sections apply to the duty to register as a sex offender for 8
offenses committed 9
(1) before, on, or after the effective date of those sections: 10
(A) [(1)] AS 12.63.010(d), as amended by sec. 82, ch. 4, 11
FSSLA 2019 [OF THIS ACT]; 12
(B) AS 12.63.020(a)(2) and (b) [(2) AS 12.63.020], as 13
amended by sec. 83, ch. 4, FSSLA 2019 [OF THIS ACT]; 14
(C) [(3)] AS 12.63.100(6), as amended by sec. 84, ch. 4, 15
FSSLA 2019 [OF THIS ACT]; 16
(D) AS 12.63.100(7)(E) [(4) AS 12.63.100(7)], as amended by 17
sec. 85, ch. 4, FSSLA 2019; 18
(2) on or after the effective date of those sections: 19
(A) AS 12.63.020(a)(1), as amended by sec. 83, ch. 4, FSSLA 20
2019; 21
(B) AS 12.63.100(7)(C), as amended by sec. 85, ch. 4, 22
FSSLA 2019 [OF THIS ACT]. 23
* Sec. 61. The uncodified law of the State of Alaska is amended by adding a new section to 24
read: 25
DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 26
Procedure, is amended to read: 27
(s) Admissibility of Evidence. 28
(1) Evidence which would be legally admissible at trial shall be 29
admissible before the grand jury. Witnesses [IN APPROPRIATE CASES, 30
HOWEVER, WITNESSES] may be presented to summarize admissible evidence if 31 33-GH1482\I.A
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the admissible evidence will be available at trial. [EXCEPT AS STATED IN 1
SUBPARAGRAPHS (2), (3), AND (6), HEARSAY EVIDENCE SHALL NOT BE 2
PRESENTED TO THE GRAND JURY ABSENT COMPELLING JUSTIFICATION 3
FOR ITS INTRODUCTION. IF HEARSAY EVIDENCE IS PRESENTED TO THE 4
GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE 5
RECORD.] 6
(2) [IN A PROSECUTION FOR AN OFFENSE UNDER 7
AS 11.41.410 - 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED 8
TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD 9
WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 10
EVIDENCE BEFORE THE GRAND JURY IF 11
(i) THE CIRCUMSTANCES OF THE STATEMENT 12
INDICATE ITS RELIABILITY; 13
(ii) THE CHILD IS UNDER 10 YEARS OF AGE 14
WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 15
ADMITTED; 16
(iii) ADDITIONAL EVIDENCE IS INTRODUCED 17
TO CORROBORATE THE STATEMENT; AND 18
(iv) THE CHILD TESTIFIES AT THE GRAND JURY 19
PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 20
TESTIFY AT TRIAL. 21
(3)] Hearsay evidence related to the offense, not otherwise admissible, 22
may be admitted into evidence before the grand jury if 23
[(i)] the individual presenting the hearsay evidence is a 24
peace officer involved in the investigation [; AND 25
(ii) THE HEARSAY EVIDENCE CONSISTS OF THE 26
STATEMENT AND OBSERVATIONS MADE BY ANOTHER 27
PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 28
AND 29
(iii) ADDITIONAL EVIDENCE IS INTRODUCED 30
TO CORROBORATE THE STATEMENT]. 31 33-GH1482\I.A
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(4) If the testimony presented by a peace officer under paragraph (2) 1
[(3)] of this section is inaccurate because of intentional, grossly negligent, or negligent 2
misstatements or omissions, then the court shall dismiss an indictment resulting from 3
the testimony if the defendant shows that the inaccuracy prejudices substantial rights 4
of the defendant. 5
(5) [IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 6
WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 7
CONDUCT IS INTENDED AS AN ASSERTION. 8
(6)] When a prior conviction is an element of an offense, hearsay 9
evidence received through the Alaska Public Safety Information Network or from 10
other government agencies of prior convictions may be presented to the grand jury. 11
* Sec. 62. AS 11.66.100(b), 11.66.100(e), and AS 12.40.110 are repealed. 12
* Sec. 63. The uncodified law of the State of Alaska is amended by adding a new section to 13
read: 14
INDIRECT COURT RULE AMENDMENTS. AS 47.30.700(d), enacted by sec. 37 of 15
this Act, has the effect of changing Rules 4 and 5, Alaska Rules of Civil Procedure, by 16
restricting the permissible methods by which a court order may be served on a party." 17
* Sec. 64. The uncodified law of the State of Alaska is amended by adding a new section to 18
read: 19
INVESTIGATION AND RECOMMENDATIONS. (a) The Department of 20
Corrections shall contract with a statewide Alaska Native organization whose membership 21
consists of villages, Alaska Native corporations, and tribal consortiums to conduct a study on 22
the reasons Alaska Natives make up 40 percent of the state's prison population, yet make up 23
just 14 percent of the general population. The contract shall require outreach to federal, state, 24
local, and tribal governments, and private stakeholders to inform the study and make 25
recommendations. 26
(b) The Department of Corrections and the contractor shall present to the governor 27
and the legislature not later than the first day of the First Regular Session of the Thirty-Fourth 28
Alaska State Legislature findings and recommendations for specific actions that can be taken 29
to reduce initial encounters with the prison system and recidivism rates following the release 30
of Alaska Native prisoners. The recommendations may include ways that Alaska Native 31 33-GH1482\I.A
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entities that are primarily federally funded can 1
(1) establish restorative justice programs to address the unique cultural needs 2
of Alaska Native people; 3
(2) intervene earlier with at-risk Alaska Native youth and young adults to 4
ensure those at-risk youth and young adults have the life skills and support systems necessary 5
to prevent encounters with the criminal justice system; 6
(3) reduce the Alaska Native prison population by providing early mental 7
health diagnosis and better treatment; 8
(4) provide low-income housing options to reduce the Alaska Native homeless 9
population that are more likely to encounter law enforcement when living on the street; 10
(5) improve alcohol and drug misuse treatment options for Alaska Native 11
youth and young adults; 12
(6) provide job training and mentoring opportunities to earn a living and 13
provide food, housing, and other family necessities for Alaska Native residents and families; 14
(7) offer digital training to Alaska Native residents to access tribal, state, and 15
federal services, obtain digital employment, participate in remote counseling services to 16
address alcohol and drug abuse, and participate in job training and education; and 17
(8) identify federal grant programs at the Department of Justice, the 18
Department of Health and Human Services, including the Indian Health Service and 19
Substance Abuse and Mental Health Services Administration, the Department of the Interior, 20
the Department of Labor, and other federal agencies that could be used to fund 21
implementation of the recommendations, with a particular emphasis on juveniles and young 22
adults. 23
* Sec. 65. The uncodified law of the State of Alaska is amended by adding a new section to 24
read: 25
APPLICABILITY. (a) AS 11.41.110, as amended by sec. 3 of this A ct, 26
AS 11.41.110(c), enacted by sec. 4 of this Act, AS 11.41.120(a), as amended by sec. 5 of this 27
Act, AS 11.41.140, as amended by sec. 6 of this Act, AS 11.41.240, enacted by sec. 7 of this 28
Act, AS 11.41.260(a), as amended by sec. 8 of this Act, AS 11.41.365(a), as amended by sec. 29
9 of this Act, AS 11.66.100(d), as amended by sec. 15 of this Act, AS 11.66.120(a), as 30
amended by sec. 16 of this Act, AS 11.66.120(c), enacted by sec
. 17 of this Act, 31 33-GH1482\I.A
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AS 11.66.137, enacted by sec. 18 of this Act, AS 11.66.145, as amended by sec. 19 of this 1
Act, AS 11.71.010(a), as amended by sec. 22 of this Act, AS 11.71.010(b), as amended by 2
sec. 23 of this Act, AS 11.71.021(a), as amended by sec. 24 of this Act, AS 11.71.021(b), as 3
amended by sec. 23 of this Act, AS 11.71.210(a), as amended by sec. 24 of this Act, 4
AS 11.71.210(b), as amended by sec. 25 of this Act, AS 11.81.900(b)(69) and (70), enacted 5
by sec. 23 of this Act, AS 12.55.125(c), as amended by sec. 29 of this Act, AS 12.55.127(c), 6
as amended by sec. 31 of this Act, and AS 18.66.990(3), as amended by sec. 40 of this Act, 7
apply to offenses committed on or after the effective date of secs. 3 - 9, 15 - 23, 29, 31, and 40 8
of this Act. 9
(b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 10
amended by sec. 34 of this Act, AS 12.63.010(d), as amended by sec. 35 of this Act, and 11
AS 12.63.010(g) and (h), enacted by sec. 36 of this Act, applies to the duty to register as a sex 12
offender or child kidnapper for offenses committed before, on, or after the effective date of 13
secs. 34 - 36 of this Act. 14
(c) AS 12.63.020(a), as amended by sec. 37 of this Act, applies to the tolling of the 15
duty to register as a sex offender or child kidnapper on or after the effective date of sec. 37 of 16
this Act for determinations of noncompliance made by the Department of Public Safety on or 17
after the effective date of sec. 37 of this Act. 18
(d) Nothing in AS 12.63.020(a), as amended by sec. 37 of this Act, may be construed 19
as invalidating a decision by the Department of Public Safety to toll the period of registration 20
or continue the period of registration under AS 12.63 before the effective date of sec. 37 of 21
this Act. 22
(e) AS 12.63.100(7), as amended by sec. 38 of this Act, applies to the duty to register 23
as a sex offender for offenses committed on or after the effective date of sec. 38 of this Act. 24
(f) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 57 of this Act, 25
applies to indictments occurring on or after the effective date of sec. 57 of this Act for 26
offenses committed before, on, or after the effective date of sec. 57 of this Act. 27
* Sec. 66. The uncodified law of the State of Alaska is amended by adding a new section to 28
read: 29
* Sec. 67. The uncodified law of the State of Alaska is amended by adding a new section to 30
read: 31 33-GH1482\I.A
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INVESTIGATION AND RECOMMENDATIONS. (a) The Department of 1
Corrections shall contract with an organization to conduct a study on the reasons certain racial 2
groups are overrepresented in the Department of Corrections as a portion of the prison 3
population, when compared to the proportion of those populations in the state. 4
(b) The Department of Corrections and the contractor shall present to the governor 5
and the legislature not later than the first day of the First Regular Session of the Thirty-Fourth 6
Alaska State Legislature findings and recommendations for specific actions that can be taken 7
to reduce initial encounters with the prison system and recidivism rates following the release 8
of prisoners in the groups studied. 9
CONDITIONAL EFFECT. (a) AS 47.30.700(d), enacted by sec. 37 of this Act, takes 10
effect only if sec. 52 of this Act receives the two-thirds majority vote of each house required 11
by art. IV, sec. 15, Constitution of the State of Alaska. 12
(b) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 57 of this Act, 13
takes effect only if sec. 57 of this Act receives the two-thirds majority vote of each house 14
required by art. IV, sec. 15, Constitution of the State of Alaska. 15
* Sec. 68. Section 56 of this Act takes effect immediately under AS 01.10.070(c). 16
* Sec. 69. Except as provided in sec. 62 of this Act, this Act takes effect January 1, 2025. 17