Alaska 2023-2024 Regular Session

Alaska House Bill HB66 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled HB 66
2		-	LAWS OF ALASKA
3	1
4		-	2024
	2	+	HB0066G -1- SCS CSHB 66(FIN) am S
	3	+	New Text Underlined [DELETED TEXT BRACKETED]
5	4
6		-
7		-
8		-	Source Chapter No.
9		-	SCS CSHB 66(FIN) am S _______
	5	+	33-GH1482\I.A
10	6
11	7
12	8
13	9
14		-	~~AN ACT~~
	10	+	SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S
15	11
16		-	Relating to criminal law and procedure; relating to homicide resulting from conduct involving
17		-	controlled substances; establishing the crime of assault in the presence of a child; relating to
18		-	the crime of stalking; relating to human trafficking; relating to prostitution; relating to sex
19		-	trafficking; changing the term "child pornography" to "child sexual abuse material"; relating
20		-	to misconduct involving a controlled substance; relating to sentencing; relating to competency
21		-	to stand trial; relating to the duty to register as a sex offender; amending the definition of "sex
22		-	offense"; relating to multidisciplinary child protection teams; relating to involuntary civil
23		-	commitments; relating to victims' rights during certain civil commitment proceedings; relating
24		-	to the duties of the Department of Corrections; amending Rules 4 and 5, Alaska Rules of Civil
25		-	Procedure; amending Rule 6(s), Alaska Rules of Criminal Procedure; and providing for an
26		-	effective date.
	12	+	IN THE LEGISLATURE OF THE STATE OF ALASKA
27	13
	14	+	THIRTY-THIRD LEGISLATURE - SECOND SESSION
28	15
29		-	~~_______________~~
	16	+	BY THE SENATE FINANCE COMMITTEE
30	17
	18	+	Amended: 5/14/24
	19	+	Offered: 5/13/24
31	20
32		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
	21	+	Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
	22	+	A BILL
33	23
	24	+	FOR AN ACT ENTITLED
34	25
	26	+	"An Act relating to criminal law and procedure; relating to homicide resulting from 1
	27	+	conduct involving controlled substances; establishing the crime of assault in the 2
	28	+	presence of a child; relating to the crime of stalking; relating to human trafficking; 3
	29	+	relating to prostitution; relating to sex trafficking; changing the term 'child 4
	30	+	pornography' to 'child sexual abuse material'; relating to misconduct involving a 5
	31	+	controlled substance; relating to sentencing; relating to competency to stand trial; 6
	32	+	relating to the duty to register as a sex offender; amending the definition of 'sex offense'; 7
	33	+	relating to multidisciplinary child protection teams; relating to involuntary civil 8
	34	+	commitments; relating to victims' rights during certain civil commitment proceedings; 9
	35	+	relating to the duties of the Department of Corrections; amending Rules 4 and 5, Alaska 10
	36	+	Rules of Civil Procedure; amending Rule 6(s), Alaska Rules of Criminal Procedure; and 11
	37	+	providing for an effective date." 12 33-GH1482\I.A
	38	+	SCS CSHB 66(FIN) am S -2- HB0066G
	39	+	New Text Underlined [DELETED TEXT BRACKETED]
35	40
36		-	THE ACT FOLLOWS ON PAGE 1
37		-	-1- Enrolled HB 66
	41	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 1
	42	+	* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 2
	43	+	to read: 3
	44	+	LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that, with the 4
	45	+	state's rates of sexual assault and sexual abuse being some of the highest in the United States, 5
	46	+	presenting evidence to a grand jury in state court should be similar to and not more difficult 6
	47	+	than presenting evidence to a grand jury in federal court in the state. 7
	48	+	(b) The legislature further finds that the Rights of Crime Victims in art. I, sec. 24, 8
	49	+	Constitution of the State of Alaska, including the "right to be treated with dignity, respect, and 9
	50	+	fairness during all phases of the criminal and juvenile justice process," supports allowing the 10
	51	+	prosecution to present hearsay evidence to a grand jury, which is similar to the rules of federal 11
	52	+	court in which the hearsay rules do not apply to grand jury proceedings. 12
	53	+	(c) The legislature further finds that Rule 6(s), Alaska Rules of Criminal Procedure, 13
	54	+	as amended by sec. 57 of this Act, is a response, in part, to the decision of the Alaska Court of 14
	55	+	Appeals in State v. Powell, 487 P.3d 609 (Alaska App. 2021). 15
	56	+	(d) The legislature further finds that 14 percent of the state's general population is 16
	57	+	Alaska Native, yet 40 percent of the Department of Corrections' inmate population is Alaska 17
	58	+	Native. The Alaska Native prison population is triple its representation in the general 18
	59	+	population, indicating a general failure in efforts to prevent first encounters with the criminal 19
	60	+	justice system and the lack of support required to prevent recidivism. 20
	61	+	* Sec. 2. AS 04.06.110 is amended to read: 21
	62	+	Sec. 04.06.110. Peace officer powers. The director and the persons employed for the 22
	63	+	administration and enforcement of this title may, with the concurrence of the commissioner of 23
	64	+	public safety, exercise the powers of peace officers when those powers are specifically 24
	65	+	granted by the board. Powers granted by the board under this section may be exercised only 25
	66	+	when necessary for the enforcement of the criminally punishable provisions of this title, 26
	67	+	regulations of the board, and other criminally punishable laws and regulations, including 27
	68	+	investigation of violations of laws against prostitution and sex trafficking described in 28
	69	+	AS 11.66.100 - 11.66.137 [AS 11.66.100 - 11.66.135] and laws against gambling, promoting 29
	70	+	gambling, and related offenses described in AS 11.66.200 - 11.66.280. Unless authorized by a 30
	71	+	search warrant described in AS 12.35, nothing in this section authorizes the use of metal keys, 31 33-GH1482\I.A
	72	+	HB0066G -3- SCS CSHB 66(FIN) am S
	73	+	New Text Underlined [DELETED TEXT BRACKETED]
38	74
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43		-
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45		-
46		-
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55		-
56		-
57		-
58		-	AN ACT
59		-
60		-
61		-	Relating to criminal law and procedure; relating to homicide resulting from conduct involving 1
62		-	controlled substances; establishing the crime of assault in the presence of a child; relating to 2
63		-	the crime of stalking; relating to human trafficking; relating to prostitution; relating to sex 3
64		-	trafficking; changing the term "child pornography" to "child sexual abuse material"; relating 4
65		-	to misconduct involving a controlled substance; relating to sentencing; relating to competency 5
66		-	to stand trial; relating to the duty to register as a sex offender; amending the definition of "sex 6
67		-	offense"; relating to multidisciplinary child protection teams; relating to involuntary civil 7
68		-	commitments; relating to victims' rights during certain civil commitment proceedings; relating 8
69		-	to the duties of the Department of Corrections; amending Rules 4 and 5, Alaska Rules of Civil 9
70		-	Procedure; amending Rule 6(s), Alaska Rules of Criminal Procedure; and providing for an 10
71		-	effective date. 11
72		-	_______________ 12
73		-	Enrolled HB 66 -2-
74		-	* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 1
75		-	to read: 2
76		-	LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that, with the 3
77		-	state's rates of sexual assault and sexual abuse being some of the highest in the United States, 4
78		-	presenting evidence to a grand jury in state court should be similar to and not more difficult 5
79		-	than presenting evidence to a grand jury in federal court in the state. 6
80		-	(b) The legislature further finds that the Rights of Crime Victims in art. I, sec. 24, 7
81		-	Constitution of the State of Alaska, including the "right to be treated with dignity, respect, and 8
82		-	fairness during all phases of the criminal and juvenile justice process," supports allowing the 9
83		-	prosecution to present hearsay evidence to a grand jury, which is similar to the rules of federal 10
84		-	court in which the hearsay rules do not apply to grand jury proceedings. 11
85		-	(c) The legislature further finds that Rule 6(s), Alaska Rules of Criminal Procedure, 12
86		-	as amended by sec. 61 of this Act, is a response, in part, to the decision of the Alaska Court of 13
87		-	Appeals in State v. Powell, 487 P.3d 609 (Alaska Ct. App. 2021). 14
88		-	(d) The legislature further finds that 14 percent of the state's general population is 15
89		-	Alaska Native, yet 40 percent of the Department of Corrections' inmate population is Alaska 16
90		-	Native. The Alaska Native prison population is triple its representation in the general 17
91		-	population, indicating a general failure in efforts to prevent first encounters with the criminal 18
92		-	justice system and the lack of support required to prevent recidivism. 19
93		-	* Sec. 2. AS 04.06.110 is amended to read: 20
94		-	Sec. 04.06.110. Peace officer powers. The director and the persons employed 21
95		-	for the administration and enforcement of this title may, with the concurrence of the 22
96		-	commissioner of public safety, exercise the powers of peace officers when those 23
97		-	powers are specifically granted by the board. Powers granted by the board under this 24
98		-	section may be exercised only when necessary for the enforcement of the criminally 25
99		-	punishable provisions of this title, regulations of the board, and other criminally 26
100		-	punishable laws and regulations, including investigation of violations of laws against 27
101		-	prostitution and sex trafficking described in AS 11.66.100 - 11.66.137 [AS 11.66.100 - 28
102		-	11.66.135] and laws against gambling, promoting gambling, and related offenses 29
103		-	described in AS 11.66.200 - 11.66.280. Unless authorized by a search warrant 30
104		-	described in AS 12.35, nothing in this section authorizes the use of metal keys, 31
105		-	-3- Enrolled HB 66
106	75		magnetic card keys, or identification cards to access private clubs. 1
107	76		* Sec. 3. AS 11.41.110 is amended to read: 2
108	77		Sec. 11.41.110. Murder in the second degree. (a) A person commits the 3
109	78		crime of murder in the second degree if 4
110	79		(1) with intent to cause serious physical injury to another person or 5
111	80		knowing that the conduct is substantially certain to cause death or serious physical 6
112	81		injury to another person, the person causes the death of any person; 7
113	82		(2) the person knowingly engages in conduct that results in the death 8
114	83		of another person under circumstances manifesting an extreme indifference to the 9
115	84		value of human life; 10
116	85		(3) under circumstances not amounting to murder in the first degree 11
117	86		under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 12
118	87		person commits or attempts to commit arson in the first degree, kidnapping, sexual 13
119	88		assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 14
120	89		in the first degree, sexual abuse of a minor in the second degree, burglary in the first 15
121	90		degree, escape in the first or second degree, robbery in any degree, or misconduct 16
122	91		involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 17
123	92		or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 18
124	93		in immediate flight from that crime, any person causes the death of a person other than 19
125	94		one of the participants; 20
126	95		(4) acting with a criminal street gang, the person commits or attempts 21
127	96		to commit a crime that is a felony and, in the course of or in furtherance of that crime 22
128	97		or in immediate flight from that crime, any person causes the death of a person other 23
129	98		than one of the participants; [OR] 24
130	99		(5) the person with criminal negligence causes the death of a child 25
131	100		under the age of 16, and the person has been previously convicted of a crime involving 26
132	101		a child under the age of 16 that was 27
133	102		(A) a felony violation of AS 11.41; 28
134	103		(B) in violation of a law or ordinance in another jurisdiction 29
135	104		with elements similar to a felony under AS 11.41; or 30
136		-	(C) an attempt, a solicitation, or a conspiracy to commit a 31
137		-	Enrolled HB 66 -4-
	105	+	(C) an attempt, a solicitation, or a conspiracy to commit a 31 33-GH1482\I.A
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	107	+	New Text Underlined [DELETED TEXT BRACKETED]
	108	+
138	109		crime listed in (A) or (B) of this paragraph; or 1
139	110		(6) the person knowingly manufactures or delivers a controlled 2
140	111		substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 3
141	112		direct result of ingestion of the controlled substance; the death is a result that 4
142	113		does not require a culpable mental state. 5
143	114		(b) Except as provided in (c) of this section, murder [MURDER] in the 6
144	115		second degree is an unclassified felony and is punishable as provided in AS 12.55. 7
145	116		* Sec. 4. AS 11.41.110 is amended by adding a new subsection to read: 8
146	117		(c) In a prosecution for murder in the second degree under (a)(6) of this 9
147	118		section, it is an affirmative defense that reduces the crime to a class A felony that, at 10
148	119		the time of the offense, 11
149	120		(1) the defendant sought, in good faith, medical or law enforcement 12
150	121		assistance for the other person; 13
151	122		(2) the defendant remained at the scene with the other person until 14
152	123		medical or law enforcement assistance arrived; 15
153	124		(3) the defendant cooperated with medical or law enforcement 16
154	125		personnel, including by providing identification; and 17
155	126		(4) the offense involved small quantities of a controlled substance that 18
156	127		were not delivered for a profit. 19
157	128		* Sec. 5. AS 11.41.120(a) is amended to read: 20
158	129		(a) A person commits the crime of manslaughter if the person 21
159	130		(1) intentionally, knowingly, or recklessly causes the death of another 22
160	131		person under circumstances not amounting to murder in the first or second degree; 23
161	132		(2) intentionally aids another person to commit suicide; or 24
162	133		(3) knowingly manufactures or delivers a controlled substance in 25
163	134		violation of AS 11.71.030 [AS 11.71.010 - 11.71.030] or 11.71.040(a)(1) for schedule 26
164	135		IVA controlled substances, and another [A] person dies as a direct result of ingestion 27
165	136		of the controlled substance; the death is a result that does not require a culpable mental 28
166	137		state [; IN THIS PARAGRAPH, "INGESTION" MEANS VOLUNTARILY OR 29
167	138		INVOLUNTARILY TAKING A SUBSTANCE INTO THE BODY IN ANY 30
168		-	MANNER]. 31
169		-	-5- Enrolled HB 66
	139	+	MANNER]. 31 33-GH1482\I.A
	140	+	HB0066G -5- SCS CSHB 66(FIN) am S
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	142	+
170	143		* Sec. 6. AS 11.41.140 is amended to read: 1
171	144		Sec. 11.41.140. Definitions [DEFINITION]. In AS 11.41.100 - 11.41.140, 2
172	145		(1) "ingestion" means voluntarily or involuntarily taking a 3
173	146		substance into the body in any manner; 4
174	147		(2) "person" means, when referring to the victim of a crime, 5
175	148		[MEANS] a human being who has been born and was alive at the time of the criminal 6
176	149		act; a [. A] person is "alive" if there is spontaneous respiratory or cardiac function or, 7
177	150		when respiratory and cardiac functions are maintained by artificial means, there is 8
178	151		spontaneous brain function. 9
179	152		* Sec. 7. AS 11.41 is amended by adding a new section to read: 10
180	153		Sec. 11.41.240. Assault in the presence of a child. (a) A person commits the 11
181	154		crime of assault in the presence of a child if the person commits an assault under 12
182	155		AS 11.41.200 - 11.41.230 and the assault is a crime involving domestic violence, as 13
183	156		defined in AS 18.66.990, or commits a sexual assault under AS 11.41.410 - 11.41.427 14
184	157		with reckless disregard that, at the time of the assault, a child under 16 years of age is 15
185	158		present in the dwelling, vehicle, or location where the assault occurs. 16
186	159		(b) In this section, 17
187	160		(1) "dwelling" does not include another unit in multi-unit housing; 18
188	161		(2) "present" means physically present or within hearing of the assault. 19
189	162		(c) Assault in the presence of a child is a class A misdemeanor. 20
190	163		* Sec. 8. AS 11.41.260(a) is amended to read: 21
191	164		(a) A person commits the crime of stalking in the first degree if the person 22
192	165		violates AS 11.41.270 and 23
193	166		(1) the actions constituting the offense are in violation of an order 24
194	167		issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 25
195	168		under former AS 25.35.010(b) or 25.35.020; 26
196	169		(2) the actions constituting the offense are in violation of a condition of 27
197	170		probation, release before trial, release after conviction, or parole; 28
198	171		(3) the victim is under 16 years of age; 29
199	172		(4) at any time during the course of conduct constituting the offense, 30
200		-	the defendant possessed a deadly weapon; 31
201		-	Enrolled HB 66 -6-
	173	+	the defendant possessed a deadly weapon; 31 33-GH1482\I.A
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	175	+	New Text Underlined [DELETED TEXT BRACKETED]
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202	177		(5) the defendant has been previously convicted of a crime under this 1
203	178		section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 2
204	179		jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 3
205	180		AS 11.56.740; or 4
206	181		(6) the defendant has been previously convicted of a crime, or an 5
207	182		attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 6
208	183		11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 7
209	184		law or an ordinance of this or another jurisdiction with elements similar to a crime, or 8
210	185		an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 9
211	186		11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 10
212	187		involving the same victim as the present offense. 11
213	188		* Sec. 9. AS 11.41.365(a) is amended to read: 12
214	189		(a) A person commits the crime of human trafficking in the second degree if, 13
215	190		under circumstances not proscribed under AS 11.66.100 - 11.66.150, the person 14
216	191		intentionally induces or causes another person to engage in adult entertainment 15
217	192		or labor by 16
218	193		(1) exposing or threatening to expose confidential information or a 17
219	194		secret, whether true or false, tending to subject a person to hatred, contempt, or 18
220	195		ridicule; 19
221	196		(2) destroying, concealing, or threatening to destroy or conceal an 20
222	197		actual or purported passport or immigration document or another actual or 21
223	198		purported identification document of any person; 22
224	199		(3) threatening to report a person to a government agency for the 23
225	200		purpose of arrest or deportation; 24
226	201		(4) threatening to collect a debt; 25
227	202		(5) instilling in a person a fear that lodging, food, clothing, or 26
228	203		medication will be withheld from any person; 27
229	204		(6) providing a controlled substance to or withholding a controlled 28
230	205		substance from the other person; or 29
231	206		(7) engaging in deception [OBTAINS A BENEFIT FROM THE 30
232		-	COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH 31
233		-	-7- Enrolled HB 66
	207	+	COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH 31 33-GH1482\I.A
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234	211		RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE 1
235	212		TRAFFICKING]. 2
236	213		* Sec. 10. AS 11.61.125(a) is amended to read: 3
237	214		(a) A person commits the crime of distribution of child sexual abuse material 4
238	215		[PORNOGRAPHY] if the person distributes in this state or advertises, promotes, 5
239	216		solicits, or offers to distribute in this state any material that is proscribed under 6
240	217		AS 11.61.127. 7
241	218		* Sec. 11. AS 11.61.125(e) is amended to read: 8
242	219		(e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 9
243	220		(1) class B felony; or 10
244	221		(2) class A felony if the person has been previously convicted of 11
245	222		distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 12
246	223		a similar crime in this or another jurisdiction. 13
247	224		* Sec. 12. AS 11.61.127(a) is amended to read: 14
248	225		(a) A person commits the crime of possession of child sexual abuse material 15
249	226		[PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 16
250	227		computer with intent to view any material that visually depicts conduct described in 17
251	228		AS 11.41.455(a) knowing that the production of the material involved the use of a 18
252	229		child under 18 years of age who engaged in the conduct or a depiction of a part of an 19
253	230		actual child under 18 years of age who, by manipulation, creation, or modification, 20
254	231		appears to be engaged in the conduct. 21
255	232		* Sec. 13. AS 11.61.127(g) is amended to read: 22
256	233		(g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 23
257	234		C felony. 24
258	235		* Sec. 14. AS 11.66.100(c) is amended to read: 25
259	236		(c) A person may not be prosecuted under (a)(1) of this section if the 26
260	237		(1) person witnessed or was a victim of, and reported to law 27
261	238		enforcement in good faith, one or more of the following crimes: 28
262	239		(A) murder in the first degree under AS 11.41.100; 29
263	240		(B) murder in the second degree under AS 11.41.110; 30
264		-	(C) manslaughter under AS 11.41.120; 31
265		-	Enrolled HB 66 -8-
	241	+	(C) manslaughter under AS 11.41.120; 31 33-GH1482\I.A
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266	245		(D) criminally negligent homicide under AS 11.41.130; 1
267	246		(E) assault in the first degree under AS 11.41.200; 2
268	247		(F) assault in the second degree under AS 11.41.210; 3
269	248		(G) assault in the third degree under AS 11.41.220; 4
270	249		(H) assault in the fourth degree under AS 11.41.230; 5
271	250		(I) sexual assault in the first degree under AS 11.41.410; 6
272	251		(J) sexual assault in the second degree under AS 11.41.420; 7
273	252		(K) sexual assault in the third degree under AS 11.41.425; 8
274	253		(L) sexual assault in the fourth degree under AS 11.41.427; 9
275	254		(M) sexual abuse of a minor in the first degree under 10
276	255		AS 11.41.434; 11
277	256		(N) sexual abuse of a minor in the second degree under 12
278	257		AS 11.41.436; 13
279	258		(O) sexual abuse of a minor in the third degree under 14
280	259		AS 11.41.438; 15
281	260		(P) sexual abuse of a minor in the fourth degree under 16
282	261		AS 11.41.440; 17
283	262		(Q) robbery in the first degree under AS 11.41.500; 18
284	263		(R) robbery in the second degree under AS 11.41.510; 19
285	264		(S) extortion under AS 11.41.520; 20
286	265		(T) coercion under AS 11.41.530; 21
287	266		(U) distribution of child sexual abuse material 22
288	267		[PORNOGRAPHY] under AS 11.61.125; 23
289	268		(V) possession of child sexual abuse material 24
290	269		[PORNOGRAPHY] under AS 11.61.127; 25
291	270		(W) sex trafficking in the first degree under AS 11.66.110; 26
292	271		(X) sex trafficking in the second degree under AS 11.66.120; 27
293	272		(Y) sex trafficking in the third degree under AS 11.66.130; or 28
294	273		(Z) sex trafficking in the fourth degree under AS 11.66.135; 29
295	274		(2) evidence supporting the prosecution under (a)(1) of this section 30
296		-	was obtained or discovered as a result of the person reporting the crime to law 31
297		-	-9- Enrolled HB 66
	275	+	was obtained or discovered as a result of the person reporting the crime to law 31 33-GH1482\I.A
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298	279		enforcement; and 1
299	280		(3) person cooperated with law enforcement personnel. 2
300	281		* Sec. 15. AS 11.66.100(d) is amended to read: 3
301	282		(d) Prostitution [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, 4
302	283		PROSTITUTION] is a class B misdemeanor. 5
303	284		* Sec. 16. AS 11.66.120(a) is amended to read: 6
304	285		(a) A person commits the crime of sex trafficking in the second degree if the 7
305	286		person 8
306	287		(1) manages, supervises, controls, or owns, either alone or in 9
307	288		association with others, a prostitution enterprise other than a place of prostitution; 10
308	289		(2) procures or solicits a patron for a prostitute; [OR] 11
309	290		(3) offers, sells, advertises, promotes, or facilitates travel that includes 12
310	291		a commercial sexual act [CONDUCT] as enticement for the travel; or 13
311	292		(4) under circumstances not proscribed under AS 11.66.110, 14
312	293		induces or causes another person to engage in a commercial sexual act [IN THIS 15
313	294		PARAGRAPH, "COMMERCIAL SEXUAL CONDUCT" MEANS SEXUAL 16
314	295		CONDUCT FOR WHICH ANYTHING OF VALUE IS GIVEN OR RECEIVED BY 17
315	296		ANY PERSON]. 18
316	297		* Sec. 17. AS 11.66.120 is amended by adding a new subsection to read: 19
317	298		(c) For purposes of this section, inducing or causing another person to engage 20
318	299		in a commercial sexual act includes the following: 21
319	300		(1) exposing or threatening to expose confidential information or a 22
320	301		secret, whether true or false, that would subject a person to hatred, contempt, or 23
321	302		ridicule; 24
322	303		(2) destroying, concealing, or threatening to destroy or conceal an 25
323	304		actual or purported passport or immigration document or another actual or purported 26
324	305		identification document of any person; 27
325	306		(3) threatening to report a person to a government agency for the 28
326	307		purpose of arrest or deportation; 29
327	308		(4) threatening to collect a debt; 30
328		-	(5) instilling in a person a fear that lodging, food, clothing, or 31
329		-	Enrolled HB 66 -10-
	309	+	(5) instilling in a person a fear that lodging, food, clothing, or 31 33-GH1482\I.A
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	311	+	New Text Underlined [DELETED TEXT BRACKETED]
	312	+
330	313		medication will be withheld from any person; 1
331	314		(6) providing a controlled substance to or withholding a controlled 2
332	315		substance from the other person; or 3
333	316		(7) engaging in deception. 4
334	317		* Sec. 18. AS 11.66 is amended by adding a new section to read: 5
335	318		Sec. 11.66.137. Patron of a victim of sex trafficking. (a) A person commits 6
336	319		the crime of patron of a victim of sex trafficking if the person solicits a commercial 7
337	320		sexual act 8
338	321		(1) with reckless disregard that the person engaging in the sexual act is 9
339	322		a victim of sex trafficking; or 10
340	323		(2) from a person who is under 18 years of age. 11
341	324		(b) In a prosecution under (a)(2) of this section, it is an affirmative defense 12
342	325		that, at the time of the alleged offense, the defendant 13
343	326		(1) reasonably believed the person to be 18 years of age or older; and 14
344	327		(2) undertook reasonable measures to verify that the person was 18 15
345	328		years of age or older. 16
346	329		(c) Patron of a victim of sex trafficking is a 17
347	330		(1) class B felony if the person violates (a)(2) of this section; 18
348	331		(2) class C felony if the person violates (a)(1) of this section. 19
349	332		* Sec. 19. AS 11.66.145 is amended to read: 20
350	333		Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 21
351	334		received or derived from, a violation of AS 11.66.110 - 11.66.137 [AS 11.66.100(e) 22
352		-	OR 11.66.110 - 11.66.135] may be forfeited at sentencing. 23
	335	+	OR 11.66.110 - 11.66.135] may be forfeited at sentencing." 23
353	336		* Sec. 20. AS 11.71.010(a) is amended to read: 24
354	337		(a) Except as authorized in AS 17.30, a person commits the crime of 25
355	338		misconduct involving a controlled substance in the first degree if the person 26
356	339		(1) delivers any amount of a schedule IA controlled substance to a 27
357	340		person under 19 years of age who is at least three years younger than the person 28
358	341		delivering the substance; 29
359	342		(2) delivers any amount of a schedule IIA or IIIA controlled substance 30
360		-	to a person under 19 years of age who is at least three years younger than the person 31
361		-	-11- Enrolled HB 66
	343	+	to a person under 19 years of age who is at least three years younger than the person 31 33-GH1482\I.A
	344	+	HB0066G -11- SCS CSHB 66(FIN) am S
	345	+	New Text Underlined [DELETED TEXT BRACKETED]
	346	+
362	347		delivering the substance; [OR] 1
363	348		(3) engages in a continuing criminal enterprise; or 2
364	349		(4) delivers any amount of a schedule IA, IIA, IIIA, or IVA 3
365	350		controlled substance to a person who is 4
366	351		(A) mentally incapable; 5
367	352		(B) incapacitated; or 6
368	353		(C) unaware that a controlled substance is being delivered. 7
369	354		* Sec. 21. AS 11.71.010(b) is amended to read: 8
370	355		(b) For purposes of this section, 9
371	356		(1) a person is engaged in a "continuing criminal enterprise" if 10
372	357		(A) [(1)] the person commits a violation of this chapter which 11
373	358		is punishable as a felony; and 12
374	359		(B) [(2)] that violation is a part of a continuing series of five or 13
375	360		more violations of this chapter 14
376	361		(i) [(A)] which the person undertakes in concert with at 15
377	362		least five other persons organized, supervised, or otherwise managed by 16
378	363		the person; and 17
379	364		(ii) [(B)] from which the person obtains substantial 18
380	365		income or resources; 19
381	366		(2) "incapacitated" has the meaning given in AS 11.41.470; 20
382	367		(3) "mentally incapable" has the meaning given in AS 11.41.470. 21
383	368		* Sec. 22. AS 11.71.021(a) is amended to read: 22
384	369		(a) Except as authorized in AS 17.30, a person commits the crime of 23
385	370		misconduct involving a controlled substance in the second degree if the person 24
386	371		(1) manufactures or delivers any amount of a schedule IA controlled 25
387	372		substance or possesses any amount of a schedule IA controlled substance with intent 26
388	373		to manufacture or deliver; 27
389	374		(2) manufactures or delivers any material, compound, mixture, or 28
390	375		preparation that contains 29
391	376		(A) methamphetamine, or its salts, isomers, or salts of isomers; 30
392		-	or 31
393		-	Enrolled HB 66 -12-
	377	+	or 31 33-GH1482\I.A
	378	+	SCS CSHB 66(FIN) am S -12- HB0066G
	379	+	New Text Underlined [DELETED TEXT BRACKETED]
	380	+
394	381		(B) an immediate precursor of methamphetamine, or its salts, 1
395	382		isomers, or salts of isomers; 2
396	383		(3) possesses an immediate precursor of methamphetamine, or the 3
397	384		salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 4
398	385		with the intent to manufacture any material, compound, mixture, or preparation that 5
399	386		contains methamphetamine, or its salts, isomers, or salts of isomers; 6
400	387		(4) possesses a listed chemical with intent to manufacture any material, 7
401	388		compound, mixture, or preparation that contains 8
402	389		(A) methamphetamine, or its salts, isomers, or salts of isomers; 9
403	390		or 10
404	391		(B) an immediate precursor of methamphetamine, or its salts, 11
405	392		isomers, or salts of isomers; 12
406	393		(5) possesses methamphetamine in an organic solution with intent to 13
407	394		extract from it methamphetamine, or its salts, isomers, or salts of isomers; or 14
408	395		(6) under circumstances not proscribed under AS 11.71.010(a)(2), 15
409	396		delivers 16
410	397		(A) an immediate precursor of methamphetamine, or the salts, 17
411	398		isomers, or salts of isomers of the immediate precursor of methamphetamine, 18
412	399		to another person with reckless disregard that the precursor will be used to 19
413	400		manufacture any material, compound, mixture, or preparation that contains 20
414	401		methamphetamine, or its salts, isomers, or salts of isomers; or 21
415	402		(B) a listed chemical to another person with reckless disregard 22
416	403		that the listed chemical will be used to manufacture any material, compound, 23
417	404		mixture, or preparation that contains 24
418	405		(i) methamphetamine, or its salts, isomers, or salts of 25
419	406		isomers; 26
420	407		(ii) an immediate precursor of methamphetamine, or its 27
421	408		salts, isomers, or salts of isomers; or 28
422	409		(iii) methamphetamine, or its salts, isomers, or salts of 29
423	410		isomers in an organic solution. 30
424		-	* Sec. 23. AS 11.71.021(b) is amended to read: 31
425		-	-13- Enrolled HB 66
	411	+	* Sec. 23. AS 11.71.021(b) is amended to read: 31 33-GH1482\I.A
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	413	+	New Text Underlined [DELETED TEXT BRACKETED]
	414	+
426	415		(b) In a prosecution under (a) of this section, possession of more than nine 1
427	416		[SIX] grams of the listed chemi cals ephedrine, pseudoephedrine, 2
428	417		phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals is 3
429	418		prima facie evidence that the person intended to use the listed chemicals to 4
430	419		manufacture, to aid or abet another person to manufacture, or to deliver to another 5
431	420		person who intends to manufacture methamphetamine, its immediate precursors, or 6
432	421		the salts, isomers, or salts of isomers of methamphetamine or its immediate precursors. 7
433	422		The prima facie evidence described in this subsection does not apply to a person who 8
434	423		possesses 9
435	424		(1) the listed chemicals ephedrine, pseudoephedrine, 10
436	425		phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 11
437	426		(A) and the listed chemical was dispensed to the person under a 12
438	427		valid prescription; or 13
439	428		(B) in the ordinary course of a legitimate business, or an 14
440	429		employee of a legitimate business, as a 15
441	430		(i) retailer or as a wholesaler; 16
442	431		(ii) wholesale drug distributor licensed by the Board of 17
443	432		Pharmacy; 18
444	433		(iii) manufacturer of drug products licensed by the 19
445	434		Board of Pharmacy; 20
446	435		(iv) pharmacist licensed by the Board of Pharmacy; or 21
447	436		(v) health care professional licensed by the state; or 22
448	437		(2) less than 24 grams of ephedrine, pseudoephedrine, 23
449	438		phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 24
450	439		kept in a locked storage area on the premises of a legitimate business or nonprofit 25
451	440		organization operating a camp, lodge, school, day care center, treatment center, or 26
452	441		other organized group activity, and the location or nature of the activity, or the age of 27
453	442		the participants, makes it impractical for the participants in the activity to obtain 28
454	443		medicinal products. 29
455	444		* Sec. 24. AS 11.71.210(a) is amended to read: 30
456		-	(a) A person commits the crime of purchase or receipt of restricted amounts of 31
457		-	Enrolled HB 66 -14-
	445	+	(a) A person commits the crime of purchase or receipt of restricted amounts of 31 33-GH1482\I.A
	446	+	SCS CSHB 66(FIN) am S -14- HB0066G
	447	+	New Text Underlined [DELETED TEXT BRACKETED]
	448	+
458	449		certain listed chemicals if the person purchases or receives more than nine [SIX] 1
459	450		grams of the following listed chemical, its salts, isomers, or salts of isomers within 2
460	451		any 30-day period: 3
461	452		(1) ephedrine under AS 11.71.200(4); 4
462	453		(2) pseudoephedrine under AS 11.71.200(13); 5
463	454		(3) phenylpropanolamine under AS 11.71.200(11). 6
464	455		* Sec. 25. AS 11.71.210(b) is amended to read: 7
465	456		(b) This section does not apply to a person who lawfully purchases or receives 8
466	457		(1) more than nine [SIX] grams of a listed chemical identified in (a) of 9
467	458		this section 10
468	459		(A) that was dispensed to the person under a valid prescription; 11
469	460		or 12
470	461		(B) in the ordinary course of a legitimate business, or to an 13
471	462		employee of a legitimate business, as a 14
472	463		(i) retailer or as a wholesaler; 15
473	464		(ii) wholesale drug distributor licensed by the Board of 16
474	465		Pharmacy; 17
475	466		(iii) manufacturer of drug products licensed by the 18
476	467		Board of Pharmacy; 19
477	468		(iv) pharmacist licensed by the Board of Pharmacy; or 20
478	469		(v) health care professional licensed by the state; or 21
479		-	(2) more than nine [SIX] but less than 24 grams of a listed chemical 22
480		-	identified in (a) of this section in the ordinary course of a legitimate business or 23
481		-	nonprofit organization, or as an employee of a legitimate business or nonprofit 24
482		-	organization, operating a camp, lodge, school, day care center, treatment center, or 25
483		-	other organized group activity, and the location or nature of the activity, or the age of 26
484		-	the participants, makes it impractical for the participants in the activity to obtain 27
485		-	medicinal products. 28
486		-	* Sec. 26. AS 11.81.900(b) is amended by adding new paragraphs to read: 29
487		-	(69) "commercial sexual act" means a sexual act for which anything of 30
488		-	value is given or received by any person; 31
489		-	-15- Enrolled HB 66
490		-	(70) "sexual act" means sexual penetration or sexual contact. 1
491		-	* Sec. 27. AS 12.10.010(a) is amended to read: 2
492		-	(a) Prosecution for the following offenses may be commenced at any time: 3
493		-	(1) murder; 4
494		-	(2) attempt, solicitation, or conspiracy to commit murder or hindering 5
495		-	the prosecution of murder; 6
496		-	(3) felony sexual abuse of a minor; 7
497		-	(4) sexual assault that is an unclassified, class A, or class B felony or a 8
498		-	violation of AS 11.41.425(a)(2) - (4); 9
499		-	(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 10
500		-	AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 11
501		-	who, at the time of the offense, was under 18 years of age; 12
502		-	(6) kidnapping; 13
503		-	(7) distribution of child sexual abuse material [PORNOGRAPHY] in 14
504		-	violation of AS 11.61.125; 15
505		-	(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 16
506		-	unclassified, class A, or class B felony or that is committed against a person who, at 17
507		-	the time of the offense, was under 20 years of age; 18
508		-	(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 19
509		-	* Sec. 28. AS 12.47.070(a) is amended to read: 20
510		-	(a) If a defendant has filed a notice of intention to rely on the affirmative 21
511		-	defense of insanity under AS 12.47.010 or has filed notice under AS 12.47.020(a), or 22
512		-	there is reason to doubt the defendant's fitness to proceed, or there is reason to believe 23
513		-	that a mental disease or defect of the defendant will otherwise become an issue in the 24
514		-	case, the court shall appoint a qualified psychiatrist or psychologist [AT LEAST 25
515		-	TWO QUALIFIED PSYCHIATRISTS OR TWO FORENSIC PSYCHOLOGISTS 26
516		-	CERTIFIED BY THE AMERICAN BOARD OF FORENSIC PSYCHOLOGY] to 27
517		-	examine and report on [UPON] the mental condition of the defendant. If the court 28
518		-	appoints a psychiatrist [PSYCHIATRISTS], the psychiatrist [PSYCHIATRISTS] 29
519		-	may select psychologists to provide assistance. If the defendant has filed notice under 30
520		-	AS 12.47.090(a), the report shall consider whether the defendant can still be 31
521		-	Enrolled HB 66 -16-
522		-	committed under AS 12.47.090(c). The court may order the defendant to be committed 1
523		-	to a secure facility for the purpose of the examination for not more than 60 days or for 2
524		-	a [SUCH] longer period as the court determines to be necessary for the purpose and 3
525		-	may direct that a qualified psychiatrist retained by the defendant be permitted to 4
526		-	witness and participate in the examination. 5
527		-	* Sec. 29. AS 12.47.100(b) is amended to read: 6
528		-	(b) If, before imposition of sentence, the prosecuting attorney or the attorney 7
529		-	for the defendant has reasonable cause to believe that the defendant is presently 8
530		-	suffering from a mental disease or defect that causes the defendant to be unable to 9
531		-	understand the proceedings or to assist in the person's own defense, the attorney may 10
532		-	file a motion for a judicial determination of the competency of the defendant. Upon 11
533		-	that motion, or upon its own motion, the court, if justified by findings of fact and 12
534		-	conclusions of law, shall have the defendant examined by at least one qualified 13
535		-	psychiatrist or psychologist, who shall report to the court concerning the competency 14
536		-	of the defendant. For the purpose of the examination, the court may order the 15
537		-	defendant committed for a reasonable period to a suitable hospital or other facility 16
538		-	designated by the court. If the report of the psychiatrist or psychologist indicates that 17
539		-	the defendant is incompetent, the court shall hold a hearing, upon due notice, at which 18
540		-	evidence as to the competency of the defendant may be submitted, including that of 19
541		-	the reporting psychiatrist or psychologist, and make appropriate findings. Before the 20
542		-	hearing, the court shall, upon request of the prosecuting attorney, order the defendant 21
543		-	to submit to an additional evaluation by a psychiatrist or psychologist designated by 22
544		-	the prosecuting attorney. 23
545		-	* Sec. 30. AS 12.47.100 is amended by adding new subsections to read: 24
546		-	(i) The court may order a defendant to be examined under this section at an 25
547		-	outpatient clinic or other facility as a condition of the defendant's release under 26
548		-	AS 12.30. In considering the conditions of a defendant's release under this subsection, 27
549		-	the court shall, in addition to any applicable requirement under AS 12.30, consider 28
550		-	(1) any medical information provided by the Department of Family 29
551		-	and Community Services; 30
552		-	(2) the defendant's mental condition; 31
553		-	-17- Enrolled HB 66
554		-	(3) the defendant's level of need for evaluation and treatment under 1
555		-	this chapter; 2
556		-	(4) the defendant's ability to participate in outpatient treatment; and 3
557		-	(5) the defendant's history of evaluation and treatment under this 4
558		-	chapter. 5
559		-	(j) If the defendant is charged with a felony offense against a person under 6
560		-	AS 11.41 or felony arson, a qualified psychiatrist or psychologist conducting an 7
561		-	examination under (b) of this section may, at the same time, evaluate the defendant to 8
562		-	determine whether the defendant meets the standards for involuntary commitment 9
563		-	under AS 47.30.700 - 47.30.915. 10
564		-	(k) In making findings of fact and conclusions of law under (b) of this section, 11
565		-	a court may rely on a defense attorney's representation. 12
566		-	* Sec. 31. AS 12.47.110 is amended by adding new subsections to read: 13
567		-	(f) The court may order a defendant to receive further evaluation and 14
568		-	treatment under (a) or (b) of this section at an outpatient clinic or other facility as a 15
569		-	condition of the defendant's release under AS 12.30. In considering the conditions of a 16
570		-	defendant's release under this subsection, the court shall, in addition to any applicable 17
571		-	requirement under AS 12.30, consider 18
572		-	(1) any medical information provided by the Department of Family 19
573		-	and Community Services; 20
574		-	(2) the defendant's mental condition; 21
575		-	(3) the defendant's level of need for evaluation and treatment under 22
576		-	this chapter; 23
577		-	(4) the defendant's ability to participate in outpatient treatment; and 24
578		-	(5) the defendant's history of evaluation and treatment under this 25
579		-	chapter. 26
580		-	(g) Before criminal charges against a defendant charged with a felony offense 27
581		-	against a person under AS 11.41 or felony arson are dismissed under (b) of this 28
582		-	section, the prosecutor shall 29
583		-	(1) file a petition seeking involuntary commitment of the defendant 30
584		-	under AS 47.30.706 before dismissal of the charges; 31
585		-	Enrolled HB 66 -18-
586		-	(2) notify the division of the Department of Law that has responsibility 1
587		-	for civil cases of the petition within 24 hours after filing the petition; and 2
588		-	(3) provide the court's findings to the division of the Department of 3
589		-	Law that has responsibility for civil cases within 24 hours after the court's ruling. 4
590		-	* Sec. 32. AS 12.55.125(c) is amended to read: 5
591		-	(c) Except as provided in (i) of this section, a defendant convicted of a class A 6
592		-	felony may be sentenced to a definite term of imprisonment of not more than 20 years, 7
593		-	and shall be sentenced to a definite term within the following presumptive ranges, 8
594		-	subject to adjustment as provided in AS 12.55.155 - 12.55.175: 9
595		-	(1) if the offense is a first felony conviction and does not involve 10
596		-	circumstances described in (2) of this subsection, four to seven years; 11
597		-	(2) if the offense is a first felony conviction 12
598		-	(A) and the defendant possessed a firearm, used a dangerous 13
599		-	instrument, or caused serious physical injury or death during the commission 14
600		-	of the offense, or knowingly directed the conduct constituting the offense at a 15
601		-	uniformed or otherwise clearly identified peace officer, firefighter, correctional 16
602		-	employee, emergency medical technician, paramedic, ambulance attendant, or 17
603		-	other emergency responder who was engaged in the performance of official 18
604		-	duties at the time of the offense, seven to 11 years; 19
605		-	(B) and the conviction is for manufacturing related to 20
606		-	methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 21
607		-	(i) the manufacturing occurred in a building with 22
608		-	reckless disregard that the building was used as a permanent or 23
609		-	temporary home or place of lodging for one or more children under 18 24
610		-	years of age or the building was a place frequented by children; or 25
611		-	(ii) in the course of manufacturing or in preparation for 26
612		-	manufacturing, the defendant obtained the assistance of one or more 27
613		-	children under 18 years of age or one or more children were present; 28
614		-	(C) and the conviction is for manufacturing or delivery 29
615		-	under AS 11.71.021(a)(1) related to a schedule IA controlled substance set 30
616		-	out in AS 11.71.140(c)(29) or under AS 11.71.021(a)(6) related to a 31
617		-	-19- Enrolled HB 66
618		-	schedule IIA controlled substance set out in AS 11.71.150(e)(2), four to 11 1
619		-	years; 2
620		-	(3) if the offense is a second felony conviction, 10 to 14 years; 3
621		-	(4) if the offense is a third felony conviction and the defendant is not 4
622		-	subject to sentencing under (l) of this section, 15 to 20 years. 5
623		-	* Sec. 33. AS 12.55.125(i) is amended to read: 6
624		-	(i) A defendant convicted of 7
625		-	(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 8
626		-	(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 9
627		-	under AS 11.41.455(c)(2), or sex trafficking in the first degree under 10
628		-	AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 11
629		-	than 99 years and shall be sentenced to a definite term within the following 12
630		-	presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 13
631		-	(A) if the offense is a first felony conviction, the offense does 14
632		-	not involve circumstances described in (B) of this paragraph, and the victim 15
633		-	was 16
634		-	(i) less than 13 years of age, 25 to 35 years; 17
635		-	(ii) 13 years of age or older, 20 to 30 years; 18
636		-	(B) if the offense is a first felony conviction and the defendant 19
637		-	possessed a firearm, used a dangerous instrument, or caused serious physical 20
638		-	injury during the commission of the offense, 25 to 35 years; 21
639		-	(C) if the offense is a second felony conviction and does not 22
640		-	involve circumstances described in (D) of this paragraph, 30 to 40 years; 23
641		-	(D) if the offense is a second felony conviction and the 24
642		-	defendant has a prior conviction for a sexual felony, 35 to 45 years; 25
643		-	(E) if the offense is a third felony conviction and the defendant 26
644		-	is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 27
645		-	to 60 years; 28
646		-	(F) if the offense is a third felony conviction, the defendant is 29
647		-	not subject to sentencing under (l) of this section, and the defendant has two 30
648		-	prior convictions for sexual felonies, 99 years; 31
649		-	Enrolled HB 66 -20-
650		-	(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 1
651		-	unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 2
652		-	under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 3
653		-	in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 4
654		-	minor in the first degree, or sex trafficking in the first degree under 5
655		-	AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 6
656		-	than 99 years and shall be sentenced to a definite term within the following 7
657		-	presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 8
658		-	(A) if the offense is a first felony conviction, the offense does 9
659		-	not involve circumstances described in (B) of this paragraph, and the victim 10
660		-	was 11
661		-	(i) under 13 years of age, 20 to 30 years; 12
662		-	(ii) 13 years of age or older, 15 to 30 years; 13
663		-	(B) if the offense is a first felony conviction and the defendant 14
664		-	possessed a firearm, used a dangerous instrument, or caused serious physical 15
665		-	injury during the commission of the offense, 25 to 35 years; 16
666		-	(C) if the offense is a second felony conviction and does not 17
667		-	involve circumstances described in (D) of this paragraph, 25 to 35 years; 18
668		-	(D) if the offense is a second felony conviction and the 19
669		-	defendant has a prior conviction for a sexual felony, 30 to 40 years; 20
670		-	(E) if the offense is a third felony conviction, the offense does 21
671		-	not involve circumstances described in (F) of this paragraph, and the defendant 22
672		-	is not subject to sentencing under (l) of this section, 35 to 50 years; 23
673		-	(F) if the offense is a third felony conviction, the defendant is 24
674		-	not subject to sentencing under (l) of this section, and the defendant has two 25
675		-	prior convictions for sexual felonies, 99 years; 26
676		-	(3) sexual assault in the second degree, sexual abuse of a minor in the 27
677		-	second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 28
678		-	first degree under AS 11.41.458(b)(2), distribution of child sexual abuse material 29
679		-	[PORNOGRAPHY] under AS 11.61.125(e)(2), patron of a victim of sex trafficking 30
680		-	under AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault 31
681		-	-21- Enrolled HB 66
682		-	in the first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite term of 1
683		-	imprisonment of not more than 99 years and shall be sentenced to a definite term 2
684		-	within the following presumptive ranges, subject to adjustment as provided in 3
685		-	AS 12.55.155 - 12.55.175: 4
686		-	(A) if the offense is a first felony conviction, five to 15 years; 5
687		-	(B) if the offense is a second felony conviction and does not 6
688		-	involve circumstances described in (C) of this paragraph, 10 to 25 years; 7
689		-	(C) if the offense is a second felony conviction and the 8
690		-	defendant has a prior conviction for a sexual felony, 15 to 30 years; 9
691		-	(D) if the offense is a third felony conviction and does not 10
692		-	involve circumstances described in (E) of this paragraph, 20 to 35 years; 11
693		-	(E) if the offense is a third felony conviction and the defendant 12
694		-	has two prior convictions for sexual felonies, 99 years; 13
695		-	(4) sexual assault in the third degree, sexual abuse of a minor in the 14
696		-	third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 15
697		-	AS 11.41.458(b)(1), indecent viewing or production of a picture under 16
698		-	AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], possession of child sexual 17
699		-	abuse material [PORNOGRAPHY], distribution of child sexual abuse material 18
700		-	[PORNOGRAPHY] under AS 11.61.125(e)(1), patron of a victim of sex trafficking 19
701		-	under AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault 20
702		-	in the second degree, sexual abuse of a minor in the second degree, unlawful 21
703		-	exploitation of a minor, [OR] distribution of child sexual abuse material, or patron 22
704		-	of a victim of sex trafficking under AS 11.66.137 [PORNOGRAPHY], may be 23
705		-	sentenced to a definite term of imprisonment of not more than 99 years and shall be 24
706		-	sentenced to a definite term within the following presumptive ranges, subject to 25
707		-	adjustment as provided in AS 12.55.155 - 12.55.175: 26
708		-	(A) if the offense is a first felony conviction and does not 27
709		-	involve the circumstances described in (B) or (C) of this paragraph, two to 12 28
710		-	years; 29
711		-	(B) if the offense is a first felony conviction under 30
712		-	AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 31
713		-	Enrolled HB 66 -22-
714		-	paragraph, four to 12 years; 1
715		-	(C) if the offense is a first felony conviction under 2
716		-	AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 3
717		-	a mechanism for multi-party sharing or distribution of child sexual abuse 4
718		-	material [PORNOGRAPHY], or received a financial benefit or had a financial 5
719		-	interest in a child sexual abuse material [PORNOGRAPHY] sharing or 6
720		-	distribution mechanism, six to 14 years; 7
721		-	(D) if the offense is a second felony conviction and does not 8
722		-	involve circumstances described in (E) of this paragraph, eight to 15 years; 9
723		-	(E) if the offense is a second felony conviction and the 10
724		-	defendant has a prior conviction for a sexual felony, 12 to 20 years; 11
725		-	(F) if the offense is a third felony conviction and does not 12
726		-	involve circumstances described in (G) of this paragraph, 15 to 25 years; 13
727		-	(G) if the offense is a third felony conviction and the defendant 14
728		-	has two prior convictions for sexual felonies, 99 years. 15
729		-	* Sec. 34. AS 12.55.127(c) is amended to read: 16
730		-	(c) If the defendant is being sentenced for 17
731		-	(1) escape, the term of imprisonment shall be consecutive to the term 18
732		-	for the underlying crime; 19
733		-	(2) two or more crimes under AS 11.41, a consecutive term of 20
734		-	imprisonment shall be imposed for at least 21
735		-	(A) the mandatory minimum term under AS 12.55.125(a) for 22
736		-	each additional crime that is murder in the first degree; 23
737		-	(B) the mandatory minimum term for each additional crime 24
738		-	that is an unclassified felony governed by AS 12.55.125(b); 25
739		-	(C) the presumptive term specified in AS 12.55.125(c) or the 26
740		-	active term of imprisonment, whichever is less, for each additional crime that 27
741		-	is 28
742		-	(i) manslaughter; or 29
743		-	(ii) kidnapping that is a class A felony; 30
744		-	(D) two years or the active term of imprisonment, whichever is 31
745		-	-23- Enrolled HB 66
746		-	less, for each additional crime that is criminally negligent homicide; 1
747		-	(E) one-fourth of the presumptive term under AS 12.55.125(c) 2
748		-	or (i) for each additional crime that is sexual assault in the first degree under 3
749		-	AS 11.41.410 or sexual abuse of a minor in the first degree under 4
750		-	AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 5
751		-	offenses; and 6
752		-	(F) some additional term of imprisonment for each additional 7
753		-	crime, or each additional attempt or solicitation to commit the offense, under 8
754		-	AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 9
755		-	11.41.500 - 11.41.520; 10
756		-	(3) two or more crimes of violation of condition of release under 11
757		-	AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 12
758		-	additional term of imprisonment for the underlying crime and each additional 13
759		-	crime under AS 11.56.757. 14
760		-	* Sec. 35. AS 12.55.127(d) is amended to read: 15
761		-	(d) If the defendant is being sentenced for two or more crimes of distribution 16
762		-	of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 17
763		-	of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 18
764		-	distribution of indecent material to minors under AS 11.61.128, a consecutive term of 19
765		-	imprisonment shall be imposed for some additional term of imprisonment for each 20
766		-	additional crime or each additional attempt or solicitation to commit the offense. 21
767		-	* Sec. 36. AS 12.55.185(16) is amended to read: 22
768		-	(16) "sexual felony" means sexual assault in the first degree, sexual 23
769		-	abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 24
770		-	the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 25
771		-	minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 26
772		-	patron of a victim of sex trafficking, indecent viewing or production of a picture 27
773		-	under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], distribution of child 28
774		-	sexual abuse material [PORNOGRAPHY], sexual assault in the third degree, incest, 29
775		-	indecent exposure in the first degree, possession of child sexual abuse material 30
776		-	[PORNOGRAPHY], enticement of a minor, and felony attempt, conspiracy, or 31
777		-	Enrolled HB 66 -24-
778		-	solicitation to commit those crimes; 1
779		-	* Sec. 37. AS 12.63.010(b) is amended to read: 2
780		-	(b) A sex offender or child kidnapper required to register under (a) of this 3
781		-	section shall register with the Department of Corrections if the sex offender or child 4
782		-	kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 5
783		-	police department located nearest to where the sex offender or child kidnapper resides 6
784		-	at the time of registration. To fulfill the registration requirement, the sex offender or 7
785		-	child kidnapper shall 8
786		-	(1) complete a registration form that includes the following 9
787		-	information, if applicable: [, AT A MINIMUM,] 10
788		-	(A) the sex offender's or child kidnapper's full name, mailing 11
789		-	and physical addresses, school address, telephone numbers used by the sex 12
790		-	offender or child kidnapper, social security number, passport 13
791		-	information, citizenship status, physical address of employment, name of 14
792		-	employer, job title [PLACE OF EMPLOYMENT], and date of birth; 15
793		-	(B) each conviction for a sex offense or child kidnapping for 16
794		-	which the duty to register has not terminated under AS 12.63.020, the date of 17
795		-	the sex offense or child kidnapping convictions, the place and court of the sex 18
796		-	offense or child kidnapping convictions, and whether the sex offender or child 19
797		-	kidnapper has been unconditionally discharged from the conviction for a sex 20
798		-	offense or child kidnapping and the date of the unconditional discharge; if the 21
799		-	sex offender or child kidnapper asserts that the offender or kidnapper has been 22
800		-	unconditionally discharged, the offender or kidnapper shall supply proof of 23
801		-	that discharge acceptable to the department; 24
802		-	(C) all aliases used; 25
803		-	(D) the sex offender's or child kidnapper's driver's license 26
804		-	number; 27
805		-	(E) the description, license numbers, and vehicle identification 28
806		-	numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 29
807		-	recreational vehicles, the sex offender or child kidnapper has access to, 30
808		-	regardless of whether that access is regular or not; 31
809		-	-25- Enrolled HB 66
810		-	(F) any identifying features of the sex offender or child 1
811		-	kidnapper; 2
812		-	(G) anticipated changes of address and any temporary 3
813		-	lodging used by the sex offender or child kidnapper for seven days or 4
814		-	more; 5
815		-	(H) a statement concerning whether the offender or kidnapper 6
816		-	has had treatment for a mental abnormality or personality disorder since the 7
817		-	date of conviction for an offense requiring registration under this chapter; 8
818		-	[AND] 9
819		-	(I) each electronic mail address, instant messaging address, and 10
820		-	other Internet communication identifier used by the sex offender or child 11
821		-	kidnapper; and 12
822		-	(J) professional licensing information; 13
823		-	(2) allow the Alaska state troopers, Department of Corrections, [OR] 14
824		-	municipal police, or any peace officer to take a complete set of the sex offender's or 15
825		-	child kidnapper's fingerprints and palm prints and to take the sex offender's or child 16
826		-	kidnapper's photograph. 17
827		-	* Sec. 38. AS 12.63.010(d) is amended to read: 18
828		-	(d) A sex offender or child kidnapper required to register 19
829		-	(1) for 15 years under (a) of this section and AS 12.63.020 shall, 20
830		-	annually, during the term of a duty to register under AS 12.63.020, on a date set by the 21
831		-	department at the time of the sex offender's or child kidnapper's initial registration, 22
832		-	provide written verification to the department, in the manner required by the 23
833		-	department, of the information provided under (b)(1) of this section [SEX 24
834		-	OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 25
835		-	the information previously provided under (b)(1) of this section; 26
836		-	(2) for life under (a) of this section and AS 12.63.020 shall, not less 27
837		-	than quarterly, on a date set by the department, provide written verification to the 28
838		-	department, in the manner required by the department, of the information provided 29
839		-	under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 30
840		-	ADDRESS] and notice of any changes to the information previously provided under 31
841		-	Enrolled HB 66 -26-
842		-	(b)(1) of this section. 1
843		-	* Sec. 39. AS 12.63.010 is amended by adding new subsections to read: 2
844		-	(g) If a sex offender or child kidnapper plans to leave the state for 3
845		-	international travel after having registered under (a) of this section, the sex offender or 4
846		-	child kidnapper shall provide to the department or a municipal police department in 5
847		-	the state written notice of the plan for any intended travel outside the United States at 6
848		-	least 21 days before leaving the state for international travel. 7
849		-	(h) If a sex offender or child kidnapper is away from the physical address 8
850		-	provided to the department under (b)(1)(A) of this section for a period of seven days 9
851		-	or more, the sex offender or child kidnapper shall notify the department in writing of 10
852		-	the address being used by the sex offender or child kidnapper while away from the 11
853		-	physical address provided under (b)(1)(A) of this section. 12
854		-	* Sec. 40. AS 12.63.020(a) is amended to read: 13
855		-	(a) The duty of a sex offender or child kidnapper to comply with the 14
856		-	requirements of AS 12.63.010 is as follows: 15
857		-	(1) for a sex offender or child kidnapper, as that term is defined in 16
858		-	AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 17
859		-	(A) continues for the lifetime of a sex offender or child 18
860		-	kidnapper convicted of 19
861		-	(i) one aggravated sex offense; or 20
862		-	(ii) two or more sex offenses, two or more child 21
863		-	kidnappings, or one sex offense and one child kidnapping; for purposes 22
864		-	of this section, a person convicted of indecent exposure before a person 23
865		-	under 16 years of age under AS 11.41.460 more than two times has 24
866		-	been convicted of two or more sex offenses; 25
867		-	(B) ends 15 years following the sex offender's or child 26
868		-	kidnapper's unconditional discharge from a conviction for a single sex offense 27
869		-	that is not an aggravated sex offense or for a single child kidnapping if the sex 28
870		-	offender or child kidnapper has supplied proof that is acceptable to the 29
871		-	department of the unconditional discharge; the registration period under this 30
872		-	subparagraph 31
873		-	-27- Enrolled HB 66
874		-	(i) is tolled for the period [EACH YEAR] that a sex 1
875		-	offender or child kidnapper fails to comply with the requirements of 2
876		-	this chapter or is incarcerated for the offense or kidnapping for which 3
877		-	the offender or kidnapper is required to register or for any other 4
878		-	offense; 5
879		-	(ii) may include the time a sex offender or child 6
880		-	kidnapper was absent from this state if the sex offender or child 7
881		-	kidnapper has complied with any sex offender or child kidnapper 8
882		-	registration requirements of the jurisdiction in which the offender or 9
883		-	kidnapper was located and if the sex offender or child kidnapper 10
884		-	provides the department with proof of the compliance while the sex 11
885		-	offender or child kidnapper was absent from this state; and 12
886		-	(iii) continues for a sex offender or child kidnapper who 13
887		-	has not supplied proof acceptable to the department of the offender's or 14
888		-	kidnapper's unconditional discharge for the sex offense or child 15
889		-	kidnapping requiring registration; 16
890		-	(2) for a sex offender or child kidnapper, as that term is defined in 17
891		-	AS 12.63.100(6)(B), the duty continues for the period determined by the department 18
892		-	under (b) of this section. 19
893		-	* Sec. 41. AS 12.63.100(7) is amended to read: 20
894		-	(7) "sex offense" means 21
895		-	(A) a crime under AS 11.41.100(a)(3), or a similar law of 22
896		-	another jurisdiction, in which the person committed or attempted to commit a 23
897		-	sexual offense, or a similar offense under the laws of the other jurisdiction; in 24
898		-	this subparagraph, "sexual offense" has the meaning given in 25
899		-	AS 11.41.100(a)(3); 26
900		-	(B) a crime under AS 11.41.110(a)(3), or a similar law of 27
901		-	another jurisdiction, in which the person committed or attempted to commit 28
902		-	one of the following crimes, or a similar law of another jurisdiction: 29
903		-	(i) sexual assault in the first degree; 30
904		-	(ii) sexual assault in the second degree; 31
905		-	Enrolled HB 66 -28-
906		-	(iii) sexual abuse of a minor in the first degree; or 1
907		-	(iv) sexual abuse of a minor in the second degree; 2
908		-	(C) a crime, or an attempt, solicitation, or conspiracy to commit 3
909		-	a crime, under the following statutes or a similar law of another jurisdiction: 4
910		-	(i) AS 11.41.410 - 11.41.438; 5
911		-	(ii) AS 11.41.440(a)(2); 6
912		-	(iii) AS 11.41.450 - 11.41.458; 7
913		-	(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 8
914		-	exposure is before a person under 16 years of age and the offender has 9
915		-	previously been convicted under AS 11.41.460 or AS 26.05.900(c); 10
916		-	(v) AS 11.61.125 - 11.61.128; 11
917		-	(vi) AS 11.66.130(a)(2)(B) [AS 11.66.110, 12
918		-	11.66.130(a)(2)(B),] or AS 26.05.900(b) if the person who was induced 13
919		-	or caused to engage in prostitution was under 20 years of age at the 14
920		-	time of the offense; 15
	470	+	(2) more than nine [SIX] but less than 24 grams of a 22
	471	+	listed chemical identified in (a) of this section in the ordinary course of 23
	472	+	a legitimate business or nonprofit organization, or as an employee of a 24
	473	+	legitimate business or nonprofit organization, operating a camp, lodge, 25
	474	+	school, day care center, treatment center, or other organized group 26
	475	+	activity, and the location or nature of the activity, or the age of the 27
	476	+	participants, makes it impractical for the participants in the activity to 28
	477	+	obtain medicinal products. 29
	478	+	* Sec. 26. AS 11.81.900(b) is amended by adding new paragraphs to read: 30
	479	+	(69) "commercial sexual act" means a sexual act for which anything of 31 33-GH1482\I.A
	480	+	HB0066G -15- SCS CSHB 66(FIN) am S
	481	+	New Text Underlined [DELETED TEXT BRACKETED]
	482	+
	483	+	value is given or received by any person; 1
	484	+	(70) "sexual act" means sexual penetration or sexual contact. 2
	485	+	* Sec. 27. AS 12.10.010(a) is amended to read: 3
	486	+	(a) Prosecution for the following offenses may be commenced at any time: 4
	487	+	(1) murder; 5
	488	+	(2) attempt, solicitation, or conspiracy to commit murder or hindering 6
	489	+	the prosecution of murder; 7
	490	+	(3) felony sexual abuse of a minor; 8
	491	+	(4) sexual assault that is an unclassified, class A, or class B felony or a 9
	492	+	violation of AS 11.41.425(a)(2) - (4); 10
	493	+	(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 11
	494	+	AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 12
	495	+	who, at the time of the offense, was under 18 years of age; 13
	496	+	(6) kidnapping; 14
	497	+	(7) distribution of child sexual abuse material [PORNOGRAPHY] in 15
	498	+	violation of AS 11.61.125; 16
	499	+	(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 17
	500	+	unclassified, class A, or class B felony or that is committed against a person who, at 18
	501	+	the time of the offense, was under 20 years of age; 19
	502	+	(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 20
	503	+	* Sec. 28. AS 12.47.070(a) is amended to read: 21
	504	+	(a) If a defendant has filed a notice of intention to rely on the affirmative 22
	505	+	defense of insanity under AS 12.47.010 or has filed notice under AS 12.47.020(a), or 23
	506	+	there is reason to doubt the defendant's fitness to proceed, or there is reason to believe 24
	507	+	that a mental disease or defect of the defendant will otherwise become an issue in the 25
	508	+	case, the court shall appoint a qualified psychiatrist or psychologist [AT LEAST 26
	509	+	TWO QUALIFIED PSYCHIATRISTS OR TWO FORENSIC PSYCHOLOGISTS 27
	510	+	CERTIFIED BY THE AMERICAN BOARD OF FORENSIC PSYCHOLOGY] to 28
	511	+	examine and report on [UPON] the mental condition of the defendant. If the court 29
	512	+	appoints a psychiatrist [PSYCHIATRISTS], the psychiatrist [PSYCHIATRISTS] 30
	513	+	may select psychologists to provide assistance. If the defendant has filed notice under 31 33-GH1482\I.A
	514	+	SCS CSHB 66(FIN) am S -16- HB0066G
	515	+	New Text Underlined [DELETED TEXT BRACKETED]
	516	+
	517	+	AS 12.47.090(a), the report shall consider whether the defendant can still be 1
	518	+	committed under AS 12.47.090(c). The court may order the defendant to be committed 2
	519	+	to a secure facility for the purpose of the examination for not more than 60 days or for 3
	520	+	a [SUCH] longer period as the court determines to be necessary for the purpose and 4
	521	+	may direct that a qualified psychiatrist retained by the defendant be permitted to 5
	522	+	witness and participate in the examination. 6
	523	+	* Sec. 29. AS 12.47.100(b) is amended to read: 7
	524	+	(b) If, before imposition of sentence, the prosecuting attorney or the attorney 8
	525	+	for the defendant has reasonable cause to believe that the defendant is presently 9
	526	+	suffering from a mental disease or defect that causes the defendant to be unable to 10
	527	+	understand the proceedings or to assist in the person's own defense, the attorney may 11
	528	+	file a motion for a judicial determination of the competency of the defendant. Upon 12
	529	+	that motion, or upon its own motion, the court, if justified by findings of fact and 13
	530	+	conclusions of law, shall have the defendant examined by at least one qualified 14
	531	+	psychiatrist or psychologist, who shall report to the court concerning the competency 15
	532	+	of the defendant. For the purpose of the examination, the court may order the 16
	533	+	defendant committed for a reasonable period to a suitable hospital or other facility 17
	534	+	designated by the court. If the report of the psychiatrist or psychologist indicates that 18
	535	+	the defendant is incompetent, the court shall hold a hearing, upon due notice, at which 19
	536	+	evidence as to the competency of the defendant may be submitted, including that of 20
	537	+	the reporting psychiatrist or psychologist, and make appropriate findings. Before the 21
	538	+	hearing, the court shall, upon request of the prosecuting attorney, order the defendant 22
	539	+	to submit to an additional evaluation by a psychiatrist or psychologist designated by 23
	540	+	the prosecuting attorney. 24
	541	+	* Sec. 30. AS 12.47.100 is amended by adding new subsections to read: 25
	542	+	(i) The court may order a defendant to be examined under this section at an 26
	543	+	outpatient clinic or other facility as a condition of the defendant's release under 27
	544	+	AS 12.30. In considering the conditions of a defendant's release under this subsection, 28
	545	+	the court shall, in addition to any applicable requirement under AS 12.30, consider 29
	546	+	(1) any medical information provided by the Department of Family 30
	547	+	and Community Services; 31 33-GH1482\I.A
	548	+	HB0066G -17- SCS CSHB 66(FIN) am S
	549	+	New Text Underlined [DELETED TEXT BRACKETED]
	550	+
	551	+	(2) the defendant's mental condition; 1
	552	+	(3) the defendant's level of need for evaluation and treatment under 2
	553	+	this chapter; 3
	554	+	(4) the defendant's ability to participate in outpatient treatment; and 4
	555	+	(5) the defendant's history of evaluation and treatment under this 5
	556	+	chapter. 6
	557	+	(j) If the defendant is charged with a felony offense against a person under 7
	558	+	AS 11.41 or felony arson, a qualified psychiatrist or psychologist conducting an 8
	559	+	examination under (b) of this section may, at the same time, evaluate the defendant to 9
	560	+	determine whether the defendant meets the standards for involuntary commitment 10
	561	+	under AS 47.30.700 - 47.30.915. 11
	562	+	(k) In making findings of fact and conclusions of law under (b) of this section, 12
	563	+	a court may rely on a defense attorney's representation. 13
	564	+	* Sec. 31. AS 12.47.110 is amended by adding new subsections to read: 14
	565	+	(f) The court may order a defendant to receive further evaluation and 15
	566	+	treatment under (a) or (b) of this section at an outpatient clinic or other facility as a 16
	567	+	condition of the defendant's release under AS 12.30. In considering the conditions of a 17
	568	+	defendant's release under this subsection, the court shall, in addition to any applicable 18
	569	+	requirement under AS 12.30, consider 19
	570	+	(1) any medical information provided by the Department of Family 20
	571	+	and Community Services; 21
	572	+	(2) the defendant's mental condition; 22
	573	+	(3) the defendant's level of need for evaluation and treatment under 23
	574	+	this chapter; 24
	575	+	(4) the defendant's ability to participate in outpatient treatment; and 25
	576	+	(5) the defendant's history of evaluation and treatment under this 26
	577	+	chapter. 27
	578	+	(g) Before criminal charges against a defendant charged with a felony offense 28
	579	+	against a person under AS 11.41 or felony arson are dismissed under (b) of this 29
	580	+	section, the prosecutor shall 30
	581	+	(1) file a petition seeking involuntary commitment of the defendant 31 33-GH1482\I.A
	582	+	SCS CSHB 66(FIN) am S -18- HB0066G
	583	+	New Text Underlined [DELETED TEXT BRACKETED]
	584	+
	585	+	under AS 47.30.706 before dismissal of the charges; 1
	586	+	(2) notify the division of the Department of Law that has responsibility 2
	587	+	for civil cases of the petition within 24 hours after filing the petition; and 3
	588	+	(3) provide the court's findings to the division of the Department of 4
	589	+	Law that has responsibility for civil cases within 24 hours after the court's ruling. 5
	590	+	* Sec. 32. AS 12.55.125(c) is amended to read: 6
	591	+	(c) Except as provided in (i) of this section, a defendant convicted of a class A 7
	592	+	felony may be sentenced to a definite term of imprisonment of not more than 20 years, 8
	593	+	and shall be sentenced to a definite term within the following presumptive ranges, 9
	594	+	subject to adjustment as provided in AS 12.55.155 - 12.55.175: 10
	595	+	(1) if the offense is a first felony conviction and does not involve 11
	596	+	circumstances described in (2) of this subsection, four to seven years; 12
	597	+	(2) if the offense is a first felony conviction 13
	598	+	(A) and the defendant possessed a firearm, used a dangerous 14
	599	+	instrument, or caused serious physical injury or death during the commission 15
	600	+	of the offense, or knowingly directed the conduct constituting the offense at a 16
	601	+	uniformed or otherwise clearly identified peace officer, firefighter, correctional 17
	602	+	employee, emergency medical technician, paramedic, ambulance attendant, or 18
	603	+	other emergency responder who was engaged in the performance of official 19
	604	+	duties at the time of the offense, seven to 11 years; 20
	605	+	(B) and the conviction is for manufacturing related to 21
	606	+	methamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years if 22
	607	+	(i) the manufacturing occurred in a building with 23
	608	+	reckless disregard that the building was used as a permanent or 24
	609	+	temporary home or place of lodging for one or more children under 18 25
	610	+	years of age or the building was a place frequented by children; or 26
	611	+	(ii) in the course of manufacturing or in preparation for 27
	612	+	manufacturing, the defendant obtained the assistance of one or more 28
	613	+	children under 18 years of age or one or more children were present; 29
	614	+	(C) and the conviction is for manufacturing or delivery 30
	615	+	under AS 11.71.021(a)(1) related to a schedule IA controlled substance set 31 33-GH1482\I.A
	616	+	HB0066G -19- SCS CSHB 66(FIN) am S
	617	+	New Text Underlined [DELETED TEXT BRACKETED]
	618	+
	619	+	out in AS 11.71.140(c)(29) or under AS 11.71.021(a)(6) related to a 1
	620	+	schedule IIA controlled substance set out in AS 11.71.150(e)(2), four to 11 2
	621	+	years; 3
	622	+	(3) if the offense is a second felony conviction, 10 to 14 years; 4
	623	+	(4) if the offense is a third felony conviction and the defendant is not 5
	624	+	subject to sentencing under (l) of this section, 15 to 20 years. 6
	625	+	* Sec. 33. AS 12.55.125(i) is amended to read: 7
	626	+	(i) A defendant convicted of 8
	627	+	(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 9
	628	+	(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 10
	629	+	under AS 11.41.455(c)(2), or sex trafficking in the first degree under 11
	630	+	AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 12
	631	+	than 99 years and shall be sentenced to a definite term within the following 13
	632	+	presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 14
	633	+	(A) if the offense is a first felony conviction, the offense does 15
	634	+	not involve circumstances described in (B) of this paragraph, and the victim 16
	635	+	was 17
	636	+	(i) less than 13 years of age, 25 to 35 years; 18
	637	+	(ii) 13 years of age or older, 20 to 30 years; 19
	638	+	(B) if the offense is a first felony conviction and the defendant 20
	639	+	possessed a firearm, used a dangerous instrument, or caused serious physical 21
	640	+	injury during the commission of the offense, 25 to 35 years; 22
	641	+	(C) if the offense is a second felony conviction and does not 23
	642	+	involve circumstances described in (D) of this paragraph, 30 to 40 years; 24
	643	+	(D) if the offense is a second felony conviction and the 25
	644	+	defendant has a prior conviction for a sexual felony, 35 to 45 years; 26
	645	+	(E) if the offense is a third felony conviction and the defendant 27
	646	+	is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 28
	647	+	to 60 years; 29
	648	+	(F) if the offense is a third felony conviction, the defendant is 30
	649	+	not subject to sentencing under (l) of this section, and the defendant has two 31 33-GH1482\I.A
	650	+	SCS CSHB 66(FIN) am S -20- HB0066G
	651	+	New Text Underlined [DELETED TEXT BRACKETED]
	652	+
	653	+	prior convictions for sexual felonies, 99 years; 1
	654	+	(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 2
	655	+	unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 3
	656	+	under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 4
	657	+	in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 5
	658	+	minor in the first degree, or sex trafficking in the first degree under 6
	659	+	AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 7
	660	+	than 99 years and shall be sentenced to a definite term within the following 8
	661	+	presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 9
	662	+	(A) if the offense is a first felony conviction, the offense does 10
	663	+	not involve circumstances described in (B) of this paragraph, and the victim 11
	664	+	was 12
	665	+	(i) under 13 years of age, 20 to 30 years; 13
	666	+	(ii) 13 years of age or older, 15 to 30 years; 14
	667	+	(B) if the offense is a first felony conviction and the defendant 15
	668	+	possessed a firearm, used a dangerous instrument, or caused serious physical 16
	669	+	injury during the commission of the offense, 25 to 35 years; 17
	670	+	(C) if the offense is a second felony conviction and does not 18
	671	+	involve circumstances described in (D) of this paragraph, 25 to 35 years; 19
	672	+	(D) if the offense is a second felony conviction and the 20
	673	+	defendant has a prior conviction for a sexual felony, 30 to 40 years; 21
	674	+	(E) if the offense is a third felony conviction, the offense does 22
	675	+	not involve circumstances described in (F) of this paragraph, and the defendant 23
	676	+	is not subject to sentencing under (l) of this section, 35 to 50 years; 24
	677	+	(F) if the offense is a third felony conviction, the defendant is 25
	678	+	not subject to sentencing under (l) of this section, and the defendant has two 26
	679	+	prior convictions for sexual felonies, 99 years; 27
	680	+	(3) sexual assault in the second degree, sexual abuse of a minor in the 28
	681	+	second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 29
	682	+	first degree under AS 11.41.458(b)(2), distribution of child sexual abuse material 30
	683	+	[PORNOGRAPHY] under AS 11.61.125(e)(2), patron of a victim of sex trafficking 31 33-GH1482\I.A
	684	+	HB0066G -21- SCS CSHB 66(FIN) am S
	685	+	New Text Underlined [DELETED TEXT BRACKETED]
	686	+
	687	+	under AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault 1
	688	+	in the first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite term of 2
	689	+	imprisonment of not more than 99 years and shall be sentenced to a definite term 3
	690	+	within the following presumptive ranges, subject to adjustment as provided in 4
	691	+	AS 12.55.155 - 12.55.175: 5
	692	+	(A) if the offense is a first felony conviction, five to 15 years; 6
	693	+	(B) if the offense is a second felony conviction and does not 7
	694	+	involve circumstances described in (C) of this paragraph, 10 to 25 years; 8
	695	+	(C) if the offense is a second felony conviction and the 9
	696	+	defendant has a prior conviction for a sexual felony, 15 to 30 years; 10
	697	+	(D) if the offense is a third felony conviction and does not 11
	698	+	involve circumstances described in (E) of this paragraph, 20 to 35 years; 12
	699	+	(E) if the offense is a third felony conviction and the defendant 13
	700	+	has two prior convictions for sexual felonies, 99 years; 14
	701	+	(4) sexual assault in the third degree, sexual abuse of a minor in the 15
	702	+	third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 16
	703	+	AS 11.41.458(b)(1), indecent viewing or production of a picture under 17
	704	+	AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], possession of child sexual 18
	705	+	abuse material [PORNOGRAPHY], distribution of child sexual abuse material 19
	706	+	[PORNOGRAPHY] under AS 11.61.125(e)(1), patron of a victim of sex trafficking 20
	707	+	under AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault 21
	708	+	in the second degree, sexual abuse of a minor in the second degree, unlawful 22
	709	+	exploitation of a minor, [OR] distribution of child sexual abuse material, or patron 23
	710	+	of a victim of sex trafficking under AS 11.66.137 [PORNOGRAPHY], may be 24
	711	+	sentenced to a definite term of imprisonment of not more than 99 years and shall be 25
	712	+	sentenced to a definite term within the following presumptive ranges, subject to 26
	713	+	adjustment as provided in AS 12.55.155 - 12.55.175: 27
	714	+	(A) if the offense is a first felony conviction and does not 28
	715	+	involve the circumstances described in (B) or (C) of this paragraph, two to 12 29
	716	+	years; 30
	717	+	(B) if the offense is a first felony conviction under 31 33-GH1482\I.A
	718	+	SCS CSHB 66(FIN) am S -22- HB0066G
	719	+	New Text Underlined [DELETED TEXT BRACKETED]
	720	+
	721	+	AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 1
	722	+	paragraph, four to 12 years; 2
	723	+	(C) if the offense is a first felony conviction under 3
	724	+	AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 4
	725	+	a mechanism for multi-party sharing or distribution of child sexual abuse 5
	726	+	material [PORNOGRAPHY], or received a financial benefit or had a financial 6
	727	+	interest in a child sexual abuse material [PORNOGRAPHY] sharing or 7
	728	+	distribution mechanism, six to 14 years; 8
	729	+	(D) if the offense is a second felony conviction and does not 9
	730	+	involve circumstances described in (E) of this paragraph, eight to 15 years; 10
	731	+	(E) if the offense is a second felony conviction and the 11
	732	+	defendant has a prior conviction for a sexual felony, 12 to 20 years; 12
	733	+	(F) if the offense is a third felony conviction and does not 13
	734	+	involve circumstances described in (G) of this paragraph, 15 to 25 years; 14
	735	+	(G) if the offense is a third felony conviction and the defendant 15
	736	+	has two prior convictions for sexual felonies, 99 years. 16
	737	+	* Sec. 34. AS 12.55.127(c) is amended to read: 17
	738	+	(c) If the defendant is being sentenced for 18
	739	+	(1) escape, the term of imprisonment shall be consecutive to the term 19
	740	+	for the underlying crime; 20
	741	+	(2) two or more crimes under AS 11.41, a consecutive term of 21
	742	+	imprisonment shall be imposed for at least 22
	743	+	(A) the mandatory minimum term under AS 12.55.125(a) for 23
	744	+	each additional crime that is murder in the first degree; 24
	745	+	(B) the mandatory minimum term for each additional crime 25
	746	+	that is an unclassified felony governed by AS 12.55.125(b); 26
	747	+	(C) the presumptive term specified in AS 12.55.125(c) or the 27
	748	+	active term of imprisonment, whichever is less, for each additional crime that 28
	749	+	is 29
	750	+	(i) manslaughter; or 30
	751	+	(ii) kidnapping that is a class A felony; 31 33-GH1482\I.A
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	754	+
	755	+	(D) two years or the active term of imprisonment, whichever is 1
	756	+	less, for each additional crime that is criminally negligent homicide; 2
	757	+	(E) one-fourth of the presumptive term under AS 12.55.125(c) 3
	758	+	or (i) for each additional crime that is sexual assault in the first degree under 4
	759	+	AS 11.41.410 or sexual abuse of a minor in the first degree under 5
	760	+	AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 6
	761	+	offenses; and 7
	762	+	(F) some additional term of imprisonment for each additional 8
	763	+	crime, or each additional attempt or solicitation to commit the offense, under 9
	764	+	AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 10
	765	+	11.41.500 - 11.41.520; 11
	766	+	(3) two or more crimes of violation of condition of release under 12
	767	+	AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 13
	768	+	additional term of imprisonment for the underlying crime and each additional 14
	769	+	crime under AS 11.56.757. 15
	770	+	* Sec. 35. AS 12.55.127(d) is amended to read: 16
	771	+	(d) If the defendant is being sentenced for two or more crimes of distribution 17
	772	+	of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 18
	773	+	of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 19
	774	+	distribution of indecent material to minors under AS 11.61.128, a consecutive term of 20
	775	+	imprisonment shall be imposed for some additional term of imprisonment for each 21
	776	+	additional crime or each additional attempt or solicitation to commit the offense. 22
	777	+	* Sec. 36. AS 12.55.185(16) is amended to read: 23
	778	+	(16) "sexual felony" means sexual assault in the first degree, sexual 24
	779	+	abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 25
	780	+	the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 26
	781	+	minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 27
	782	+	patron of a victim of sex trafficking, indecent viewing or production of a picture 28
	783	+	under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], distribution of child 29
	784	+	sexual abuse material [PORNOGRAPHY], sexual assault in the third degree, incest, 30
	785	+	indecent exposure in the first degree, possession of child sexual abuse material 31 33-GH1482\I.A
	786	+	SCS CSHB 66(FIN) am S -24- HB0066G
	787	+	New Text Underlined [DELETED TEXT BRACKETED]
	788	+
	789	+	[PORNOGRAPHY], enticement of a minor, and felony attempt, conspiracy, or 1
	790	+	solicitation to commit those crimes; 2
	791	+	* Sec. 37. AS 12.63.010(b) is amended to read: 3
	792	+	(b) A sex offender or child kidnapper required to register under (a) of this 4
	793	+	section shall register with the Department of Corrections if the sex offender or child 5
	794	+	kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 6
	795	+	police department located nearest to where the sex offender or child kidnapper resides 7
	796	+	at the time of registration. To fulfill the registration requirement, the sex offender or 8
	797	+	child kidnapper shall 9
	798	+	(1) complete a registration form that includes the following 10
	799	+	information, if applicable: [, AT A MINIMUM,] 11
	800	+	(A) the sex offender's or child kidnapper's full name, mailing 12
	801	+	and physical addresses, school address, telephone numbers used by the sex 13
	802	+	offender or child kidnapper, social security number, passport 14
	803	+	information, citizenship status, physical address of employment, name of 15
	804	+	employer, job title [PLACE OF EMPLOYMENT], and date of birth; 16
	805	+	(B) each conviction for a sex offense or child kidnapping for 17
	806	+	which the duty to register has not terminated under AS 12.63.020, the date of 18
	807	+	the sex offense or child kidnapping convictions, the place and court of the sex 19
	808	+	offense or child kidnapping convictions, and whether the sex offender or child 20
	809	+	kidnapper has been unconditionally discharged from the conviction for a sex 21
	810	+	offense or child kidnapping and the date of the unconditional discharge; if the 22
	811	+	sex offender or child kidnapper asserts that the offender or kidnapper has been 23
	812	+	unconditionally discharged, the offender or kidnapper shall supply proof of 24
	813	+	that discharge acceptable to the department; 25
	814	+	(C) all aliases used; 26
	815	+	(D) the sex offender's or child kidnapper's driver's license 27
	816	+	number; 28
	817	+	(E) the description, license numbers, and vehicle identification 29
	818	+	numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 30
	819	+	recreational vehicles, the sex offender or child kidnapper has access to, 31 33-GH1482\I.A
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	822	+
	823	+	regardless of whether that access is regular or not; 1
	824	+	(F) any identifying features of the sex offender or child 2
	825	+	kidnapper; 3
	826	+	(G) anticipated changes of address and any temporary 4
	827	+	lodging used by the sex offender or child kidnapper for seven days or 5
	828	+	more; 6
	829	+	(H) a statement concerning whether the offender or kidnapper 7
	830	+	has had treatment for a mental abnormality or personality disorder since the 8
	831	+	date of conviction for an offense requiring registration under this chapter; 9
	832	+	[AND] 10
	833	+	(I) each electronic mail address, instant messaging address, and 11
	834	+	other Internet communication identifier used by the sex offender or child 12
	835	+	kidnapper; and 13
	836	+	(J) professional licensing information; 14
	837	+	(2) allow the Alaska state troopers, Department of Corrections, [OR] 15
	838	+	municipal police, or any peace officer to take a complete set of the sex offender's or 16
	839	+	child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 17
	840	+	kidnapper's photograph. 18
	841	+	* Sec. 38. AS 12.63.010(d) is amended to read: 19
	842	+	(d) A sex offender or child kidnapper required to register 20
	843	+	(1) for 15 years under (a) of this section and AS 12.63.020 shall, 21
	844	+	annually, during the term of a duty to register under AS 12.63.020, on a date set by the 22
	845	+	department at the time of the sex offender's or child kidnapper's initial registration, 23
	846	+	provide written verification to the department, in the manner required by the 24
	847	+	department, of the information provided under (b)(1) of this section [SEX 25
	848	+	OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 26
	849	+	the information previously provided under (b)(1) of this section; 27
	850	+	(2) for life under (a) of this section and AS 12.63.020 shall, not less 28
	851	+	than quarterly, on a date set by the department, provide written verification to the 29
	852	+	department, in the manner required by the department, of the information provided 30
	853	+	under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 31 33-GH1482\I.A
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	855	+	New Text Underlined [DELETED TEXT BRACKETED]
	856	+
	857	+	ADDRESS] and notice of any changes to the information previously provided under 1
	858	+	(b)(1) of this section. 2
	859	+	* Sec. 39. AS 12.63.010 is amended by adding new subsections to read: 3
	860	+	(g) If a sex offender or child kidnapper plans to leave the state for 4
	861	+	international travel after having registered under (a) of this section, the sex offender or 5
	862	+	child kidnapper shall provide to the department or a municipal police department in 6
	863	+	the state written notice of the plan for any intended travel outside the United States at 7
	864	+	least 21 days before leaving the state for international travel. 8
	865	+	(h) If a sex offender or child kidnapper is away from the physical address 9
	866	+	provided to the department under (b)(1)(A) of this section for a period of seven days 10
	867	+	or more, the sex offender or child kidnapper shall notify the department in writing of 11
	868	+	the address being used by the sex offender or child kidnapper while away from the 12
	869	+	physical address provided under (b)(1)(A) of this section. 13
	870	+	* Sec. 40. AS 12.63.020(a) is amended to read: 14
	871	+	(a) The duty of a sex offender or child kidnapper to comply with the 15
	872	+	requirements of AS 12.63.010 is as follows: 16
	873	+	(1) for a sex offender or child kidnapper, as that term is defined in 17
	874	+	AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 18
	875	+	(A) continues for the lifetime of a sex offender or child 19
	876	+	kidnapper convicted of 20
	877	+	(i) one aggravated sex offense; or 21
	878	+	(ii) two or more sex offenses, two or more child 22
	879	+	kidnappings, or one sex offense and one child kidnapping; for purposes 23
	880	+	of this section, a person convicted of indecent exposure before a person 24
	881	+	under 16 years of age under AS 11.41.460 more than two times has 25
	882	+	been convicted of two or more sex offenses; 26
	883	+	(B) ends 15 years following the sex offender's or child 27
	884	+	kidnapper's unconditional discharge from a conviction for a single sex offense 28
	885	+	that is not an aggravated sex offense or for a single child kidnapping if the sex 29
	886	+	offender or child kidnapper has supplied proof that is acceptable to the 30
	887	+	department of the unconditional discharge; the registration period under this 31 33-GH1482\I.A
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	890	+
	891	+	subparagraph 1
	892	+	(i) is tolled for the period [EACH YEAR] that a sex 2
	893	+	offender or child kidnapper fails to comply with the requirements of 3
	894	+	this chapter or is incarcerated for the offense or kidnapping for which 4
	895	+	the offender or kidnapper is required to register or for any other 5
	896	+	offense; 6
	897	+	(ii) may include the time a sex offender or child 7
	898	+	kidnapper was absent from this state if the sex offender or child 8
	899	+	kidnapper has complied with any sex offender or child kidnapper 9
	900	+	registration requirements of the jurisdiction in which the offender or 10
	901	+	kidnapper was located and if the sex offender or child kidnapper 11
	902	+	provides the department with proof of the compliance while the sex 12
	903	+	offender or child kidnapper was absent from this state; and 13
	904	+	(iii) continues for a sex offender or child kidnapper who 14
	905	+	has not supplied proof acceptable to the department of the offender's or 15
	906	+	kidnapper's unconditional discharge for the sex offense or child 16
	907	+	kidnapping requiring registration; 17
	908	+	(2) for a sex offender or child kidnapper, as that term is defined in 18
	909	+	AS 12.63.100(6)(B), the duty continues for the period determined by the department 19
	910	+	under (b) of this section. 20
	911	+	* Sec. 41. AS 12.63.100(7) is amended to read: 21
	912	+	(7) "sex offense" means 22
	913	+	(A) a crime under AS 11.41.100(a)(3), or a similar law of 23
	914	+	another jurisdiction, in which the person committed or attempted to commit a 24
	915	+	sexual offense, or a similar offense under the laws of the other jurisdiction; in 25
	916	+	this subparagraph, "sexual offense" has the meaning given in 26
	917	+	AS 11.41.100(a)(3); 27
	918	+	(B) a crime under AS 11.41.110(a)(3), or a similar law of 28
	919	+	another jurisdiction, in which the person committed or attempted to commit 29
	920	+	one of the following crimes, or a similar law of another jurisdiction: 30
	921	+	(i) sexual assault in the first degree; 31 33-GH1482\I.A
	922	+	SCS CSHB 66(FIN) am S -28- HB0066G
	923	+	New Text Underlined [DELETED TEXT BRACKETED]
	924	+
	925	+	(ii) sexual assault in the second degree; 1
	926	+	(iii) sexual abuse of a minor in the first degree; or 2
	927	+	(iv) sexual abuse of a minor in the second degree; 3
	928	+	(C) a crime, or an attempt, solicitation, or conspiracy to commit 4
	929	+	a crime, under the following statutes or a similar law of another jurisdiction: 5
	930	+	(i) AS 11.41.410 - 11.41.438; 6
	931	+	(ii) AS 11.41.440(a)(2); 7
	932	+	(iii) AS 11.41.450 - 11.41.458; 8
	933	+	(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 9
	934	+	exposure is before a person under 16 years of age and the offender has 10
	935	+	previously been convicted under AS 11.41.460 or AS 26.05.900(c); 11
	936	+	(v) AS 11.61.125 - 11.61.128; 12
	937	+	(vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 13
	938	+	AS 26.05.900(b) if the person who was induced or caused to engage in 14
	939	+	prostitution was under 20 years of age at the time of the offense; 15
921	940		(vii) former AS 11.15.120, former 11.15.134, or assault 16
922	941		with the intent to commit rape under former AS 11.15.160, former 17
923	942		AS 11.40.110, or former 11.40.200; 18
924	943		(viii) AS 11.61.118(a)(2) if the offender has a previous 19
925	944		conviction for that offense; 20
926	945		(ix) AS 11.66.100(a)(2) if the offender is subject to 21
927	946		punishment under former AS 11.66.100(e); 22
928	947		(x) AS 26.05.890 if the person engaged in sexual 23
929	948		penetration or sexual contact with the victim; 24
930	949		(xi) AS 26.05.890 if, at the time of the offense, the 25
931	950		victim is under a duty to obey the lawful orders of the offender, 26
932	951		regardless of whether the offender is in the direct chain of command 27
933	952		over the victim; 28
934	953		(xii) AS 26.05.893 if the person engaged in sexual 29
935	954		penetration or sexual contact with the victim; 30
936		-	(xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 31
937		-	-29- Enrolled HB 66
	955	+	(xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 31 33-GH1482\I.A
	956	+	HB0066G -29- SCS CSHB 66(FIN) am S
	957	+	New Text Underlined [DELETED TEXT BRACKETED]
	958	+
938	959		victim is under 18 years of age at the time of the offense; 1
939	960		(xiv) AS 26.05.900 if, at the time of the offense, the 2
940	961		victim is under a duty to obey the lawful orders of the offender, 3
941	962		regardless of whether the offender is in the direct chain of command 4
942	963		over the victim; [OR] 5
943	964		(xv) AS 11.61.123 if the offender is subject to 6
944	965		punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 7
945	966		(2)]; 8
946	967		(xvi) AS 11.66.137; 9
947	968		(xvii) AS 11.61.130(a)(2); or 10
948	969		(xviii) AS 11.66.110 and 11.66.120; 11
949	970		(D) an offense, or an attempt, solicitation, or conspiracy to 12
950	971		commit an offense, under AS 26.05.935(b), or a similar law of another 13
951	972		jurisdiction, if the member of the militia commits one of the following 14
952	973		enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 15
953	974		Code of Military Justice): 16
954	975		(i) child sexual abuse material [PORNOGRAPHY]; or 17
955	976		(ii) pandering and prostitution if the person who is 18
956	977		induced, enticed, caused, or procured to engage in a sexual act is under 19
957	978		20 years of age at the time of the offense; or 20
958	979		(E) an offense in which the person is required to register as a 21
959	980		sex offender under the laws of another jurisdiction; 22
960	981		* Sec. 42. AS 15.80.010(10) is amended to read: 23
961	982		(10) "felony involving moral turpitude" includes those crimes that are 24
962	983		immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 25
963	984		sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 26
964	985		coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 27
965	986		forgery device, offering a false instrument for recording, scheme to defraud, falsifying 28
966	987		business records, commercial bribe receiving, commercial bribery, bribery, receiving a 29
967	988		bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 30
968		-	escape, promoting contraband, interference with official proceedings, receiving a bribe 31
969		-	Enrolled HB 66 -30-
	989	+	escape, promoting contraband, interference with official proceedings, receiving a bribe 31 33-GH1482\I.A
	990	+	SCS CSHB 66(FIN) am S -30- HB0066G
	991	+	New Text Underlined [DELETED TEXT BRACKETED]
	992	+
970	993		by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 1
971	994		evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 2
972	995		explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 3
973	996		misconduct involving a controlled substance or an imitation controlled substance, 4
974	997		permitting an escape, promoting gambling, possession of gambling records, 5
975	998		distribution of child sexual abuse material [PORNOGRAPHY], and possession of 6
976	999		child sexual abuse material [PORNOGRAPHY]; 7
977	1000		* Sec. 43. AS 18.66.990(3) is amended to read: 8
978	1001		(3) "domestic violence" and "crime involving domestic violence" mean 9
979	1002		one or more of the following offenses or an offense under a law or ordinance of 10
980	1003		another jurisdiction having elements similar to these offenses, or an attempt to commit 11
981	1004		the offense, by a household member against another household member: 12
982	1005		(A) a crime against the person under AS 11.41; 13
983	1006		(B) burglary under AS 11.46.300 - 11.46.310; 14
984	1007		(C) criminal trespass under AS 11.46.320 - 11.46.330; 15
985	1008		(D) arson or criminally negligent burning under AS 11.46.400 - 16
986	1009		11.46.430; 17
987	1010		(E) criminal mischief under AS 11.46.475 - 11.46.486; 18
988	1011		(F) terrorist threatening under AS 11.56.807 or 11.56.810; 19
989	1012		(G) violating a protective order under AS 11.56.740(a)(1); 20
990	1013		(H) harassment under AS 11.61.120(a)(2) - (4) or (6); [OR] 21
991	1014		(I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 22
992	1015		a pet; 23
993	1016		(J) interfering with a report of a crime involving domestic 24
994	1017		violence under AS 11.56.745 if the person interfering with the report is the 25
995	1018		person who committed the underlying crime involving domestic violence; 26
996	1019		or 27
997	1020		(K) unlawful contact under AS 11.56.750 or 11.56.755; 28
998	1021		* Sec. 44. AS 28.15.046(c) is amended to read: 29
999	1022		(c) The department may not issue a license under this section to an applicant 30
1000		-	(1) who has been convicted of any of the following offenses: 31
1001		-	-31- Enrolled HB 66
	1023	+	(1) who has been convicted of any of the following offenses: 31 33-GH1482\I.A
	1024	+	HB0066G -31- SCS CSHB 66(FIN) am S
	1025	+	New Text Underlined [DELETED TEXT BRACKETED]
	1026	+
1002	1027		(A) a violation, or an attempt, solicitation, or conspiracy to 1
1003	1028		commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 2
1004	1029		11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 3
1005	1030		(B) a felony violation of endangering the welfare of a child in 4
1006	1031		the first degree under AS 11.51.100; 5
1007	1032		(C) felony indecent viewing or production of a picture under 6
1008	1033		AS 11.61.123; 7
1009	1034		(D) distribution of child sexual abuse material 8
1010	1035		[PORNOGRAPHY] under AS 11.61.125; 9
1011	1036		(E) possession of child sexual abuse material 10
1012	1037		[PORNOGRAPHY] under AS 11.61.127; 11
1013	1038		(F) distribution of indecent material to minors under 12
1014	1039		AS 11.61.128; 13
1015		-	(G) patron of a victim of sex trafficking under AS 11.66.137 14
1016		-	[FELONY PROSTITUTION UNDER AS 11.66.100(e)]; 15
1017		-	(H) sex trafficking in the first, second, or third degree under 16
1018		-	AS 11.66.110 - 11.66.130; 17
1019		-	(I) a felony involving distribution of a controlled substance 18
1020		-	under AS 11.71 or imitation controlled substance under AS 11.73; 19
1021		-	(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 20
1022		-	or 21
1023		-	(2) who has been convicted of any of the following offenses and less 22
1024		-	than two years have elapsed since the applicant's date of conviction for the offense: 23
1025		-	(A) assault in the fourth degree under AS 11.41.230; 24
1026		-	(B) reckless endangerment under AS 11.41.250; 25
1027		-	(C) contributing to the delinquency of a minor under 26
1028		-	AS 11.51.130; 27
1029		-	(D) misdemeanor prostitution under AS 11.66.100(a)(2); 28
1030		-	(E) a misdemeanor violation of endangering the welfare of a 29
1031		-	child in the first degree under AS 11.51.100. 30
1032		-	* Sec. 45. AS 47.12.110(d) is amended to read: 31
1033		-	Enrolled HB 66 -32-
1034		-	(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 1
1035		-	the adjudication of a minor as a delinquent shall be open to the public, except as 2
1036		-	prohibited or limited by order of the court, if 3
1037		-	(1) the department files with the court a motion asking the court to 4
1038		-	open the hearing to the public, and the petition seeking adjudication of the minor as a 5
1039		-	delinquent is based on 6
1040		-	(A) the minor's alleged commission of an offense, and the 7
1041		-	minor has knowingly failed to comply with all the terms and conditions 8
1042		-	required of the minor by the department or imposed on the minor in a court 9
1043		-	order entered under AS 47.12.040(a)(2) or 47.12.120; 10
1044		-	(B) the minor's alleged commission of 11
1045		-	(i) a crime against a person that is punishable as a 12
1046		-	felony; 13
1047		-	(ii) a crime in which the minor employed a deadly 14
1048		-	weapon, as that term is defined in AS 11.81.900(b), in committing the 15
1049		-	crime; 16
1050		-	(iii) arson under AS 11.46.400 - 11.46.410; 17
1051		-	(iv) burglary under AS 11.46.300; 18
1052		-	(v) distribution of child sexual abuse material 19
1053		-	[PORNOGRAPHY] under AS 11.61.125; 20
1054		-	(vi) sex trafficking in the first degree under 21
1055		-	AS 11.66.110; or 22
1056		-	(vii) misconduct involving a controlled substance under 23
1057		-	AS 11.71 involving the delivery of a controlled substance or the 24
1058		-	possession of a controlled substance with intent to deliver, other than 25
1059		-	an offense under AS 11.71.040 or 11.71.050; or 26
1060		-	(C) the minor's alleged commission of a felony and the minor 27
1061		-	was 16 years of age or older at the time of commission of the offense when the 28
1062		-	minor has previously been convicted or adjudicated a delinquent minor based 29
1063		-	on the minor's commission of an offense that is a felony; or 30
1064		-	(2) the minor agrees to a public hearing on the petition seeking 31
1065		-	-33- Enrolled HB 66
1066		-	adjudication of the minor as a delinquent. 1
1067		-	* Sec. 46. AS 47.12.315(a) is amended to read: 2
1068		-	(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 3
1069		-	section, the department shall disclose information to the public, on request, concerning 4
1070		-	a minor subject to this chapter who was at least 13 years of age at the time of 5
1071		-	commission of 6
1072		-	(1) a felony offense against a person under AS 11.41; 7
1073		-	(2) arson in the first or second degree; 8
1074		-	(3) burglary in the first degree; 9
1075		-	(4) distribution of child sexual abuse material [PORNOGRAPHY]; 10
1076		-	(5) sex trafficking in the first degree; 11
1077		-	(6) misconduct involving a controlled substance in the first, second, or 12
1078		-	third degrees involving distribution or possession with intent to deliver; or 13
1079		-	(7) misconduct involving weapons in the first through fourth degrees. 14
1080		-	* Sec. 47. AS 47.14.300(a) is amended to read: 15
1081		-	(a) The department, a state or municipal agency with expertise in child abuse 16
1082		-	or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 17
1083		-	as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act 18
1084		-	of 1994) with expertise in child abuse or neglect, in partnership with the department, 19
1085		-	may facilitate the initial establishment of a multidisciplinary child protection team. 20
1086		-	The purpose of a team is to assist in the evaluation and investigation of reports of child 21
1087		-	abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 22
1088		-	department or a law enforcement agency; to assist in the evaluation and 23
1089		-	investigation of reports of sexual contact or sexual penetration, as defined in 24
1090		-	AS 11.81.900(b), occurring between children under 13 years of age; and to provide 25
1091		-	consultation and coordination for agencies involved in child-in-need-of-aid cases 26
1092		-	under AS 47.10. The multidisciplinary child protection teams shall 27
1093		-	(1) ensure that investigations involving child abuse or neglect are 28
1094		-	coordinated and conducted by trained investigators; 29
1095		-	(2) take and recommend steps to avoid duplicative interviews of 30
1096		-	children; 31
1097		-	Enrolled HB 66 -34-
1098		-	(3) assist in the reduction of trauma to a child and family involved in 1
1099		-	an investigation of child abuse or neglect; and 2
1100		-	(4) review records, provide consultation, and make recommendations 3
1101		-	to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 4
1102		-	the team by a team member. 5
1103		-	* Sec. 48. AS 47.30.700 is amended by adding a new subsection to read: 6
1104		-	(d) A peace officer may take a respondent into custody under (a) of this 7
1105		-	section only if the ex parte order authorizing the peace officer to take the respondent 8
1106		-	into custody is transmitted to the peace officer through a distribution method that 9
1107		-	permits the peace officer to verify that the order originated from a court. If the peace 10
1108		-	officer receives an order through a distribution method that does not permit the peace 11
1109		-	officer to verify that the order originated from a court, the peace officer shall contact 12
1110		-	the court and request that the court transmit the order to the peace officer through a 13
1111		-	suitable distribution method. The court shall immediately comply. A facsimile 14
1112		-	transmission from a telephone number, or electronic mail from an electronic mail 15
1113		-	address, known by the peace officer to belong to a court is sufficient to satisfy this 16
1114		-	subsection. 17
1115		-	* Sec. 49. AS 47.30 is amended by adding a new section to read: 18
1116		-	Sec. 47.30.706. Detention for evaluation after finding of incompetence. (a) 19
1117		-	If a person who has been charged with a felony offense against a person under 20
1118		-	AS 11.41 or felony arson has been found incompetent to proceed under AS 12.47, 21
1119		-	before the charges are dismissed, an attorney with the Department of Law shall 22
1120		-	petition a court to have the person delivered to the nearest evaluation facility for an 23
1121		-	evaluation under AS 47.30.710. 24
1122		-	(b) Upon receiving a petition under (a) of this section, a court shall, unless the 25
1123		-	presumption in (d) of this section has been successfully rebutted, issue an ex parte 26
1124		-	order orally or in writing stating that there is probable cause to believe the respondent 27
1125		-	is mentally ill and that condition causes the respondent to present a likelihood of 28
1126		-	serious harm to self or others. The court shall appoint an attorney to represent the 29
1127		-	respondent and may direct that a peace officer take the respondent into custody and 30
1128		-	deliver the respondent to the nearest appropriate facility for evaluation. The ex parte 31
1129		-	-35- Enrolled HB 66
1130		-	order shall be provided to the respondent and made a part of the respondent's clinical 1
1131		-	record. The court shall set a date, time, and place for a 30-day commitment hearing, to 2
1132		-	be held within 72 hours after the respondent's arrival at the evaluation facility. The 3
1133		-	court shall confirm an oral order in writing within 24 hours after it is issued. 4
1134		-	(c) A respondent taken into custody for evaluation under this section may not 5
1135		-	be placed in a jail or other correctional facility except for protective custody purposes 6
1136		-	and only while awaiting transportation to an evaluation facility. 7
1137		-	(d) A defendant charged with a felony offense against a person under 8
1138		-	AS 11.41 or felony arson and found to be incompetent to proceed under AS 12.47.100 9
1139		-	is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to 10
1140		-	self or others. In evaluating whether a defendant is likely to cause serious harm under 11
1141		-	this section, the court may consider the conduct with which the defendant was 12
1142		-	originally charged as evidence of recent behavior, regardless of any time spent in 13
1143		-	custody. 14
1144		-	* Sec. 50. AS 47.30.710(a) is amended to read: 15
1145		-	(a) A respondent who is delivered under AS 47.30.700 - 47.30.706 16
1146		-	[AS 47.30.700 - 47.30.705] to an evaluation facility for [EMERGENCY] examination 17
1147		-	and treatment shall be examined and evaluated as to mental and physical condition by 18
1148		-	a mental health professional and by a physician within 24 hours after arrival at the 19
1149		-	facility. 20
1150		-	* Sec. 51. AS 47.30.715 is repealed and reenacted to read: 21
1151		-	Sec. 47.30.715. Procedure after order. (a) After the court grants an ex parte 22
1152		-	order authorizing hospitalization for evaluation, the department shall immediately 23
1153		-	transport a person who is detained at a medical or other facility, including a 24
1154		-	correctional facility, to a crisis residential center or evaluation facility for an 25
1155		-	evaluation. 26
1156		-	(b) A person being detained while awaiting transportation to a crisis 27
1157		-	residential center or evaluation facility may request a court hearing to review the 28
1158		-	detention at any time. The hearing shall be held not later than 72 hours after the 29
1159		-	request is filed. When the court rules on a request for review of the detention pending 30
1160		-	transportation, the court shall consider the factors listed in (d) of this section. 31
1161		-	Enrolled HB 66 -36-
1162		-	(c) A person may not be detained for more than seven days while awaiting 1
1163		-	transportation to a crisis residential center or evaluation facility; however, the 2
1164		-	department or a facility detaining a person under AS 47.30.700 - 47.30.815 may file a 3
1165		-	request to extend the detention based on the person continuing to meet the standards 4
1166		-	for commitment under AS 47.30.700 and the need for a continued hold. The request 5
1167		-	must be supported by the verified or certified statement of a mental health professional 6
1168		-	and be served on the respondent, the respondent's attorney, and the division of the 7
1169		-	Department of Law that has responsibility for civil cases. When the court decides a 8
1170		-	request to extend the detention pending transportation, the court shall consider the 9
1171		-	factors identified in (d) of this section. 10
1172		-	(d) When ruling on a request to review or extend detention, the court shall 11
1173		-	consider the totality of the circumstances, including 12
1174		-	(1) the length of time the person has been detained; 13
1175		-	(2) the reason the person has not yet been transported; 14
1176		-	(3) the person's current medical and psychiatric condition; 15
1177		-	(4) whether the person is gravely disabled or is likely to cause serious 16
1178		-	harm to self or others; and 17
1179		-	(5) whether the person is receiving treatment at the person's current 18
1180		-	placement. 19
1181		-	(e) The court shall schedule a hearing to decide a request for review under (b) 20
1182		-	of this section or a request to extend detention under (c) of this section. The hearing 21
1183		-	shall be held not later than 72 hours after the request for review or the request to 22
1184		-	extend detention, as applicable. If a hearing is held after expiration of the seven-day 23
1185		-	detention period, the detention shall be extended until the hearing. 24
1186		-	(f) Regardless of whether a request to extend the respondent's detention has 25
1187		-	been filed, if, at any time in the course of the detention, a mental health professional at 26
1188		-	the detaining facility determines that the person does not meet the standards for 27
1189		-	commitment under AS 47.30.700, the respondent shall be released and the facility 28
1190		-	shall notify the petitioner, the respondent's attorney, the division of the Department of 29
1191		-	Law that has responsibility for civil cases, and the court. 30
1192		-	(g) When an evaluation facility receives a proper order for evaluation, it shall 31
1193		-	-37- Enrolled HB 66
1194		-	accept the order and the respondent for an evaluation period not to exceed 72 hours. 1
1195		-	The evaluation facility shall promptly notify the court of the date and time of the 2
1196		-	respondent's arrival. The court shall set a date, time, and place for a 30-day 3
1197		-	commitment hearing, to be held if needed within 72 hours after the respondent's 4
1198		-	arrival, and the court shall notify the evaluation facility, the respondent, the 5
1199		-	respondent's guardian, if any, the respondent's attorney, the petitioner's attorney, if 6
1200		-	any, and the attorney general of the time and place of the hearing. Evaluation 7
1201		-	personnel, when used, shall similarly notify the court of the date and time when they 8
1202		-	first met with the respondent. 9
1203		-	* Sec. 52. AS 47.30.725 is amended by adding new subsections to read: 10
1204		-	(g) If a criminal charge of a felony offense against a person under AS 11.41 or 11
1205		-	felony arson against a respondent has been dismissed under AS 12.47.110 and the 12
1206		-	respondent is detained for evaluation or committed under AS 47.30.700 - 47.30.915, 13
1207		-	(1) the Department of Law shall notify a victim in the dismissed 14
1208		-	criminal case 15
1209		-	(A) of the time and place of a hearing under AS 47.30.700 - 16
1210		-	47.30.915; 17
1211		-	(B) of the length of time for which the respondent is committed 18
1212		-	and findings of fact made by the court; and 19
1213		-	(C) when the respondent is discharged from commitment; and 20
1214		-	(2) a victim in the dismissed criminal case may attend a hearing under 21
1215		-	AS 47.30.700 - 47.30.915, but may not disclose confidential information from the 22
1216		-	hearing. 23
1217		-	(h) Subsection (g) of this section may not be construed to give a victim in a 24
1218		-	dismissed criminal case the right to access a record that is confidential under 25
1219		-	AS 47.30.845. 26
1220		-	* Sec. 53. AS 47.30 is amended by adding a new section to read: 27
1221		-	Sec. 47.30.727. Provision of records and notice following a finding of 28
1222		-	incompetency in a criminal case. (a) Within 30 days after a respondent has been 29
1223		-	found incompetent to proceed under AS 12.47.110 and committed under AS 47.30.700 30
1224		-	- 47.30.915, and every 30 days thereafter until the civil commitment case has 31
1225		-	Enrolled HB 66 -38-
1226		-	concluded, the division of the Department of Law that has responsibility for civil cases 1
1227		-	shall provide all information and records obtained during the civil commitment to the 2
1228		-	division of the Department of Law that has responsibility for criminal cases. 3
1229		-	(b) Records disclosed to the division of the Department of Law that has 4
1230		-	responsibility for criminal cases under (a) of this section are confidential and may not 5
1231		-	be disclosed to anyone unless disclosure is required by a court order or the respondent 6
1232		-	provides written consent to the disclosure. If the records are used in the criminal 7
1233		-	proceeding, the moving party shall file the records as confidential documents. 8
1234		-	(c) A facility housing a respondent found incompetent to proceed under 9
1235		-	AS 12.47.110 and committed under AS 47.30.700 - 47.30.915 shall provide notice to 10
1236		-	the prosecutor in the criminal case of all hearings scheduled by the court in the civil 11
1237		-	commitment case. The prosecutor, or a staff member of the prosecutor's office, may 12
1238		-	attend a hearing in the civil commitment case but may not participate in the hearing as 13
1239		-	a party. 14
1240		-	* Sec. 54. AS 47.30.735(b) is amended to read: 15
1241		-	(b) The hearing shall be conducted in a physical setting least likely to have a 16
1242		-	harmful effect on the mental or physical health of the respondent, within practical 17
1243		-	limits. At the hearing, in addition to other rights specified in AS 47.30.660 - 18
1244		-	47.30.915, the respondent has the right 19
1245		-	(1) to be present at the hearing; this right may be waived only with the 20
1246		-	respondent's informed consent; if the respondent is incapable of giving informed 21
1247		-	consent, the respondent may be excluded from the hearing only if the court, after 22
1248		-	hearing, finds that the incapacity exists and that there is a substantial likelihood that 23
1249		-	the respondent's presence at the hearing would be severely injurious to the 24
1250		-	respondent's mental or physical health; 25
1251		-	(2) to view and copy all petitions and reports in the court file of the 26
1252		-	respondent's case; 27
1253		-	(3) to have the hearing open or closed to the public as the respondent 28
1254		-	elects, except that, if the respondent was charged with a felony offense against a 29
1255		-	person under AS 11.41 or felony arson and the criminal case was dismissed under 30
1256		-	AS 12.47.110, an alleged victim in the dismissed criminal case and the prosecutor, 31
1257		-	-39- Enrolled HB 66
1258		-	or a staff member of the prosecutor's office, may attend the hearing, but may not 1
1259		-	disclose confidential information from the hearing; 2
1260		-	(4) to have the rules of evidence and civil procedure applied so as to 3
1261		-	provide for the informal but efficient presentation of evidence; 4
1262		-	(5) to have an interpreter if the respondent does not understand 5
1263		-	English; 6
1264		-	(6) to present evidence on the respondent's behalf; 7
1265		-	(7) to cross-examine witnesses who testify against the respondent; 8
1266		-	(8) to remain silent; 9
1267		-	(9) to call experts and other witnesses to testify on the respondent's 10
1268		-	behalf. 11
1269		-	* Sec. 55. AS 47.30 is amended by adding a new section to read: 12
1270		-	Sec. 47.30.771. Additional two-year commitment. (a) The respondent shall 13
1271		-	be released from involuntary treatment at the expiration of 180 days unless the 14
1272		-	professional person in charge or the attorney general's office files an additional 180-15
1273		-	day petition or a petition for a commitment of up to two years conforming to the 16
1274		-	requirements of AS 47.30.740(a) except that all references to "30-day commitment" 17
1275		-	shall be read as "the previous 180-day commitment" and all references to "90-day 18
1276		-	commitment" shall be read as "two-year commitment." 19
1277		-	(b) The procedures for service of the petition, notification of rights, and 20
1278		-	judicial hearing shall be as set out in AS 47.30.740 - 47.30.750. Following a 180-day 21
1279		-	commitment of a respondent, the court may order the respondent committed for an 22
1280		-	additional treatment period not to exceed two years from the date on which the 180-23
1281		-	day treatment period would have expired if the court or jury finds by clear and 24
1282		-	convincing evidence that 25
1283		-	(1) the respondent is mentally ill and as a result is likely to cause 26
1284		-	serious harm to self or others; 27
1285		-	(2) the respondent has a criminal history that includes a felony offense 28
1286		-	against a person under AS 11.41 or felony arson, including an offense for which the 29
1287		-	respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110; 30
1288		-	(3) the respondent has been found incompetent to stand trial under 31
1289		-	Enrolled HB 66 -40-
1290		-	AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41 or 1
1291		-	felony arson and that finding of incompetence led directly to the respondent's current 2
1292		-	period of commitment; and 3
1293		-	(4) the period of commitment of the respondent, including a period of 4
1294		-	commitment for more than 180 days but not more than two years, is necessary to 5
1295		-	protect the public. 6
1296		-	(c) Findings of fact relating to the respondent's behavior made at a 30-day 7
1297		-	commitment hearing under AS 47.30.735, a 90-day commitment hearing under 8
1298		-	AS 47.30.750, a 180-day commitment hearing under AS 47.30.770, or a two-year 9
1299		-	commitment hearing under this section shall be admitted as evidence and may not be 10
1300		-	rebutted except that newly discovered evidence may be used for the purpose of 11
1301		-	rebutting the findings. 12
1302		-	(d) Successive commitments are permissible on the same ground and under 13
1303		-	the same procedures as the original commitment. An order of commitment may not 14
1304		-	exceed two years. 15
1305		-	(e) The department shall, by January 30 of each year, submit to the attorney 16
1306		-	general, public defender, public advocate, Alaska Court System, and the attorney of 17
1307		-	record for the respondent, if any, a report that details how many respondents are 18
1308		-	committed under this section and how much time remains on each order of 19
1309		-	commitment. 20
1310		-	* Sec. 56. AS 47.30.780(a) is amended to read: 21
1311		-	(a) Except as provided in (b) and (c) of this section, the professional person in 22
1312		-	charge shall at any time discharge a respondent on the ground that the respondent is no 23
1313		-	longer gravely disabled or likely to cause serious harm as a result of mental illness. A 24
1314		-	certificate to this effect shall be sent to the court, which shall enter an order officially 25
1315		-	terminating the involuntary commitment. 26
1316		-	* Sec. 57. AS 47.30.780 is amended by adding new subsections to read: 27
1317		-	(c) If a respondent committed under AS 47.30.770 or 47.30.771 has a criminal 28
1318		-	history that includes a felony offense against a person under AS 11.41 or felony arson, 29
1319		-	including an offense for which the respondent was found incompetent to stand trial 30
1320		-	under AS 12.47.100 and 12.47.110, the professional person in charge may not 31
1321		-	-41- Enrolled HB 66
1322		-	discharge the respondent under (a) of this section unless the court enters an order 1
1323		-	officially terminating the involuntary commitment. The court shall give the 2
1324		-	prosecuting authority 10 days' notice before the professional person in charge may 3
1325		-	discharge a respondent under this subsection. 4
1326		-	(d) Except as provided in (e) of this section, a respondent committed under 5
1327		-	AS 47.30.771 may petition the court for early discharge at any time during the 6
1328		-	commitment if the respondent presents some evidence demonstrating that the 7
1329		-	respondent is no longer likely to cause serious harm to self or others. The court shall 8
1330		-	grant early discharge unless the state proves by clear and convincing evidence that the 9
1331		-	respondent remains likely to cause serious harm to self or others. 10
1332		-	(e) A respondent may not file a petition for early discharge within 180 days 11
1333		-	after the date the court enters an initial commitment order or a final order ruling on a 12
1334		-	previous petition for early discharge. 13
1335		-	* Sec. 58. AS 47.30.805(a) is amended to read: 14
1336		-	(a) Except as provided in (b) of this section, 15
1337		-	(1) computations of a 72-hour [EVALUATION] period under 16
1338		-	AS 47.30.706, 47.30.708, [AS 47.30.708] or 47.30.715 or a 48-hour [DETENTION] 17
1339		-	period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any 18
1340		-	period of time necessary to transport the respondent to the treatment facility, except 19
1341		-	that if the exclusion of Saturdays, Sundays, and legal holidays from the computation 20
1342		-	of a 72-hour evaluation period or 48-hour detention period would result in the 21
1343		-	respondent being held for longer than 72 hours or 48 hours, as applicable, the period 22
1344		-	ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday; 23
1345		-	(2) a seven-day detention at a crisis residential center expires at the end 24
1346		-	of the seventh day following the respondent's arrival at the crisis stabilization center or 25
1347		-	the crisis residential center, whichever is earlier; 26
1348		-	(3) a 30-day commitment period expires at the end of the 30th day 27
1349		-	after the 72 hours following initial acceptance; 28
1350		-	(4) a 90-day commitment period expires at the end of the 90th day 29
1351		-	after the expiration of a 30-day period of treatment; 30
1352		-	(5) a 180-day commitment period expires at the end of the 180th day, 31
1353		-	Enrolled HB 66 -42-
1354		-	after the expiration of a 90-day period of treatment or previous 180-day period, 1
1355		-	whichever is applicable; 2
1356		-	(6) a two-year commitment period expires not later than two years 3
1357		-	after the expiration of a 180-day period of treatment. 4
1358		-	* Sec. 59. AS 47.30.845 is amended to read: 5
1359		-	Sec. 47.30.845. Confidential records. Information and records obtained in the 6
1360		-	course of a screening investigation, evaluation, examination, or treatment are 7
1361		-	confidential and are not public records, except as the requirements of a hearing under 8
1362		-	AS 47.30.660 - 47.30.915 may necessitate a different procedure. Information and 9
1363		-	records may be copied and disclosed under regulations established by the department 10
1364		-	only to 11
1365		-	(1) a physician or a provider of health, mental health, or social and 12
1366		-	welfare services involved in caring for, treating, or rehabilitating the patient; 13
1367		-	(2) the patient or an individual to whom the patient has given written 14
1368		-	consent to have information disclosed; 15
1369		-	(3) a person authorized by a court order; 16
1370		-	(4) a person doing research or maintaining health statistics if the 17
1371		-	anonymity of the patient is assured and the facility recognizes the project as a bona 18
1372		-	fide research or statistical undertaking; 19
1373		-	(5) the Department of Corrections in a case in which a prisoner 20
1374		-	confined to the state prison is a patient in the state hospital on authorized transfer 21
1375		-	either by voluntary admission or by court order; 22
1376		-	(6) a governmental or law enforcement agency when necessary to 23
1377		-	secure the return of a patient who is on unauthorized absence from a facility where the 24
1378		-	patient was undergoing evaluation or treatment; 25
1379		-	(7) a law enforcement agency when there is substantiated concern over 26
1380		-	imminent danger to the community by a presumed mentally ill person; 27
1381		-	(8) the department in a case in which services provided under 28
1382		-	AS 47.30.660 - 47.30.915 are paid for, in whole or in part, by the department or in 29
1383		-	which a person has applied for or has received assistance from the department for 30
1384		-	those services; 31
1385		-	-43- Enrolled HB 66
1386		-	(9) the Department of Public Safety as provided in AS 47.30.907; 1
1387		-	information provided under this paragraph may not include diagnostic or clinical 2
1388		-	information regarding a patient; 3
1389		-	(10) the Department of Law as provided in AS 47.30.727. 4
1390		-	* Sec. 60. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 5
1391		-	2019, is amended to read: 6
1392		-	(c) The following sections apply to the duty to register as a sex offender for 7
1393		-	offenses committed 8
1394		-	(1) before, on, or after the effective date of those sections: 9
1395		-	(A) [(1)] AS 12.63.010(d), as amended by sec. 82, ch. 4, 10
1396		-	FSSLA 2019 [OF THIS ACT]; 11
1397		-	(B) AS 12.63.020(a)(2) and (b) [(2) AS 12.63.020], as 12
1398		-	amended by sec. 83, ch. 4, FSSLA 2019 [OF THIS ACT]; 13
1399		-	(C) [(3)] AS 12.63.100(6), as amended by sec. 84, ch. 4, 14
1400		-	FSSLA 2019 [OF THIS ACT]; 15
1401		-	(D) AS 12.63.100(7)(E) [(4) AS 12.63.100(7)], as amended by 16
1402		-	sec. 85, ch. 4, FSSLA 2019; 17
1403		-	(2) on or after the effective date of those sections: 18
1404		-	(A) AS 12.63.020(a)(1), as amended by sec. 83, ch. 4, FSSLA 19
1405		-	2019; 20
1406		-	(B) AS 12.63.100(7)(C), as amended by sec. 85, ch. 4, 21
1407		-	FSSLA 2019 [OF THIS ACT]. 22
1408		-	* Sec. 61. The uncodified law of the State of Alaska is amended by adding a new section to 23
1409		-	read: 24
1410		-	DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 25
1411		-	Procedure, is amended to read: 26
1412		-	(s) Admissibility of Evidence. 27
1413		-	(1) Evidence which would be legally admissible at trial shall be 28
1414		-	admissible before the grand jury. Witnesses [IN APPROPRIATE CASES, 29
1415		-	HOWEVER, WITNESSES] may be presented to summarize admissible evidence if 30
1416		-	the admissible evidence will be available at trial. [EXCEPT AS STATED IN 31
1417		-	Enrolled HB 66 -44-
1418		-	SUBPARAGRAPHS (2), (3), AND (6), HEARSAY EVIDENCE SHALL NOT BE 1
1419		-	PRESENTED TO THE GRAND JURY ABSENT COMPELLING JUSTIFICATION 2
1420		-	FOR ITS INTRODUCTION. IF HEARSAY EVIDENCE IS PRESENTED TO THE 3
1421		-	GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE 4
1422		-	RECORD.] 5
1423		-	(2) [IN A PROSECUTION FOR AN OFFENSE UNDER 6
1424		-	AS 11.41.410 - 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED 7
1425		-	TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD 8
1426		-	WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 9
1427		-	EVIDENCE BEFORE THE GRAND JURY IF 10
1428		-	(i) THE CIRCUMSTANCES OF THE STATEMENT 11
1429		-	INDICATE ITS RELIABILITY; 12
1430		-	(ii) THE CHILD IS UNDER 10 YEARS OF AGE 13
1431		-	WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 14
1432		-	ADMITTED; 15
1433		-	(iii) ADDITIONAL EVIDENCE IS INTRODUCED 16
1434		-	TO CORROBORATE THE STATEMENT; AND 17
1435		-	(iv) THE CHILD TESTIFIES AT THE GRAND JURY 18
1436		-	PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 19
1437		-	TESTIFY AT TRIAL. 20
1438		-	(3)] Hearsay evidence related to the offense, not otherwise admissible, 21
1439		-	may be admitted into evidence before the grand jury if 22
1440		-	[(i)] the individual presenting the hearsay evidence is a 23
1441		-	peace officer involved in the investigation [; AND 24
1442		-	(ii) THE HEARSAY EVIDENCE CONSISTS OF THE 25
1443		-	STATEMENT AND OBSERVATIONS MADE BY ANOTHER 26
1444		-	PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 27
1445		-	AND 28
1446		-	(iii) ADDITIONAL EVIDENCE IS INTRODUCED 29
1447		-	TO CORROBORATE THE STATEMENT]. 30
1448		-	(3) [(4)] If the testimony presented by a peace officer under paragraph 31
1449		-	-45- Enrolled HB 66
1450		-	(2) [(3)] of this section is inaccurate because of intentional, grossly negligent, or 1
1451		-	negligent misstatements or omissions, then the court shall dismiss an indictment 2
1452		-	resulting from the testimony if the defendant shows that the inaccuracy prejudices 3
1453		-	substantial rights of the defendant. 4
1454		-	(4) [(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 5
1455		-	WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 6
1456		-	CONDUCT IS INTENDED AS AN ASSERTION. 7
1457		-	(6)] When a prior conviction is an element of an offense, hearsay 8
1458		-	evidence received through the Alaska Public Safety Information Network or from 9
1459		-	other government agencies of prior convictions may be presented to the grand jury. 10
1460		-	* Sec. 62. AS 11.66.100(b), 11.66.100(e); and AS 12.40.110 are repealed. 11
1461		-	* Sec. 63. The uncodified law of the State of Alaska is amended by adding a new section to 12
1462		-	read: 13
1463		-	INDIRECT COURT RULE AMENDMENTS. AS 47.30.700(d), enacted by sec. 48 of 14
1464		-	this Act, has the effect of changing Rules 4 and 5, Alaska Rules of Civil Procedure, by 15
1465		-	restricting the permissible methods by which a court order may be served on a party. 16
1466		-	* Sec. 64. The uncodified law of the State of Alaska is amended by adding a new section to 17
1467		-	read: 18
1468		-	INVESTIGATION AND RECOMMENDATIONS. (a) The Department of 19
1469		-	Corrections shall contract with a statewide Alaska Native organization whose membership 20
1470		-	consists of villages, Alaska Native corporations, and tribal consortiums to conduct a study on 21
1471		-	the reasons Alaska Natives make up 40 percent of the state's prison population, yet make up 22
1472		-	just 14 percent of the general population. The contract shall require outreach to federal, state, 23
1473		-	local, and tribal governments and private stakeholders to inform the study and make 24
1474		-	recommendations. 25
1475		-	(b) The Department of Corrections and the contractor shall present to the governor 26
1476		-	and the legislature not later than the first day of the First Regular Session of the Thirty-Fourth 27
1477		-	Alaska State Legislature findings and recommendations for specific actions that can be taken 28
1478		-	to reduce initial encounters with the prison system and recidivism rates following the release 29
1479		-	of Alaska Native prisoners. The recommendations may include ways that Alaska Native 30
1480		-	entities that are primarily federally funded can 31
1481		-	Enrolled HB 66 -46-
1482		-	(1) establish restorative justice programs to address the unique cultural needs 1
1483		-	of Alaska Native people; 2
1484		-	(2) intervene earlier with at-risk Alaska Native youth and young adults to 3
1485		-	ensure those at-risk youth and young adults have the life skills and support systems necessary 4
1486		-	to prevent encounters with the criminal justice system; 5
1487		-	(3) reduce the Alaska Native prison population by providing early mental 6
1488		-	health diagnosis and better treatment; 7
1489		-	(4) provide low-income housing options to reduce the Alaska Native homeless 8
1490		-	population that are more likely to encounter law enforcement when living on the street; 9
1491		-	(5) improve alcohol and drug misuse treatment options for Alaska Native 10
1492		-	youth and young adults; 11
1493		-	(6) provide job training and mentoring opportunities to earn a living and 12
1494		-	provide food, housing, and other family necessities for Alaska Native residents and families; 13
1495		-	(7) offer digital training to Alaska Native residents to access tribal, state, and 14
1496		-	federal services, obtain digital employment, participate in remote counseling services to 15
1497		-	address alcohol and drug abuse, and participate in job training and education; and 16
1498		-	(8) identify federal grant programs at the United States Department of Justice, 17
1499		-	the United States Department of Health and Human Services, including the Indian Health 18
1500		-	Service and Substance Abuse and Mental Health Services Administration, the United States 19
1501		-	Department of the Interior, the United States Department of Labor, and other federal agencies 20
1502		-	that could be used to fund implementation of the recommendations, with a particular 21
1503		-	emphasis on juveniles and young adults. 22
1504		-	* Sec. 65. The uncodified law of the State of Alaska is amended by adding a new section to 23
1505		-	read:
1506		-	24
1507		-	INVESTIGATION AND RECOMMENDATIONS. (a) The Department of 25
1508		-	Corrections shall contract with an organization to conduct a study on the reasons certain racial 26
1509		-	groups are overrepresented in the Department of Corrections as a portion of the prison 27
1510		-	population, when compared to the proportion of those populations in the state. 28
1511		-	(b) The Department of Corrections and the contractor shall present to the governor 29
1512		-	and the legislature not later than the first day of the First Regular Session of the Thirty-Fourth 30
1513		-	Alaska State Legislature findings and recommendations for specific actions that can be taken 31
1514		-	-47- Enrolled HB 66
1515		-	to reduce initial encounters with the prison system and recidivism rates following the release 1
1516		-	of prisoners in the groups studied. 2
1517		-	* Sec. 66. The uncodified law of the State of Alaska is amended by adding a new section to 3
1518		-	read: 4
1519		-	APPLICABILITY. (a) AS 11.41.110, as amended by sec. 3 of this A ct, 5
1520		-	AS 11.41.110(c), enacted by sec. 4 of this Act, AS 11.41.120(a), as amended by sec. 5 of this 6
1521		-	Act, AS 11.41.140, as amended by sec. 6 of this Act, AS 11.41.240, enacted by sec. 7 of this 7
1522		-	Act, AS 11.41.260(a), as amended by sec. 8 of this Act, AS 11.41.365(a), as amended by sec. 8
1523		-	9 of this Act, AS 11.66.100(d), as amended by sec. 15 of this Act, AS 11.66.120(a), as 9
1524		-	amended by sec. 16 of this Act, AS 11.66.120(c), enacted by sec. 17 of this Act, 10
1525		-	AS 11.66.137, enacted by sec. 18 of this Act, AS 11.66.145, as amended by sec. 19 of this 11
1526		-	Act, AS 11.71.010(a), as amended by sec. 20 of this Act, AS 11.71.010(b), as amended by 12
1527		-	sec. 21 of this Act, AS 11.71.021(a), as amended by sec. 22 of this Act, AS 11.71.021(b), as 13
1528		-	amended by sec. 23 of this Act, AS 11.71.210(a), as amended by sec. 24 of this Act, 14
1529		-	AS 11.71.210(b), as amended by sec. 25 of this Act, AS 11.81.900(b)(69) and (70), enacted 15
1530		-	by sec. 26 of this Act, AS 12.55.125(c), as amended by sec. 32 of this Act, AS 12.55.127(c), 16
1531		-	as amended by sec. 34 of this Act, and AS 18.66.990(3), as amended by sec. 43 of this Act, 17
1532		-	apply to offenses committed on or after the effective date of secs. 3 - 9, 15 - 26, 32, 34, and 43 18
1533		-	of this Act. 19
1534		-	(b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 20
1535		-	amended by sec. 37 of this Act, AS 12.63.010(d), as amended by sec. 38 of this Act, and 21
1536		-	AS 12.63.010(g) and (h), enacted by sec. 39 of this Act, applies to the duty to register as a sex 22
1537		-	offender or child kidnapper for offenses committed before, on, or after the effective date of 23
1538		-	secs. 37 - 39 of this Act. 24
1539		-	(c) AS 12.63.020(a), as amended by sec. 40 of this Act, applies to the tolling of the 25
1540		-	duty to register as a sex offender or child kidnapper on or after the effective date of sec. 40 of 26
1541		-	this Act for determinations of noncompliance made by the Department of Public Safety on or 27
1542		-	after the effective date of sec. 40 of this Act. 28
1543		-	(d) Nothing in AS 12.63.020(a), as amended by sec. 40 of this Act, may be construed 29
1544		-	as invalidating a decision by the Department of Public Safety to toll the period of registration 30
1545		-	or continue the period of registration under AS 12.63 before th
1546		-	e effective date of sec. 40 of 31
1547		-	Enrolled HB 66 -48-
1548		-	this Act. 1
1549		-	(e) AS 12.63.100(7), as amended by sec. 41 of this Act, applies to the duty to register 2
1550		-	as a sex offender for offenses committed on or after the effective date of sec. 41 of this Act. 3
1551		-	(f) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 61 of this Act, 4
1552		-	applies to indictments occurring on or after the effective date of sec. 61 of this Act for 5
1553		-	offenses committed before, on, or after the effective date of sec. 61 of this Act. 6
1554		-	* Sec. 67. The uncodified law of the State of Alaska is amended by adding a new section to 7
1555		-	read: 8
1556		-	CONDITIONAL EFFECT. (a) AS 47.30.700(d), enacted by sec. 48 of this Act, takes 9
1557		-	effect only if sec. 63 of this Act receives the two-thirds majority vote of each house required 10
1558		-	by art. IV, sec. 15, Constitution of the State of Alaska. 11
1559		-	(b) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 61 of this Act, 12
1560		-	takes effect only if sec. 61 of this Act receives the two-thirds majority vote of each house 13
1561		-	required by art. IV, sec. 15, Constitution of the State of Alaska. 14
1562		-	* Sec. 68. Section 60 of this Act takes effect immediately under AS 01.10.070(c). 15
1563		-	* Sec. 69. Except as provided in sec. 68 of this Act, this Act takes effect January 1, 2025. 16
	1040	+	(G) felony prostitution under AS 11.66.100(e); patron of a 14
	1041	+	victim of sex trafficking under AS 11.66.137 [FELONY PROSTITUTION 15
	1042	+	UNDER AS 11.66.100(e)] 16
	1043	+	(H) sex trafficking in the first, second, or third degree under 17
	1044	+	AS 11.66.110 - 11.66.130; 18
	1045	+	(I) a felony involving distribution of a controlled substance 19
	1046	+	under AS 11.71 or imitation controlled substance under AS 11.73; 20
	1047	+	(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 21
	1048	+	or 22
	1049	+	(2) who has been convicted of any of the following offenses and less 23
	1050	+	than two years have elapsed since the applicant's date of conviction for the offense: 24
	1051	+	(A) assault in the fourth degree under AS 11.41.230; 25
	1052	+	(B) reckless endangerment under AS 11.41.250; 26
	1053	+	(C) contributing to the delinquency of a minor under 27
	1054	+	AS 11.51.130; 28
	1055	+	(D) misdemeanor prostitution under AS 11.66.100(a)(2); 29
	1056	+	(E) a misdemeanor violation of endangering the welfare of a 30
	1057	+	child in the first degree under AS 11.51.100. 31 33-GH1482\I.A
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	1059	+	New Text Underlined [DELETED TEXT BRACKETED]
	1060	+
	1061	+	* Sec. 45. AS 47.12.110(d) is amended to read: 1
	1062	+	(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 2
	1063	+	the adjudication of a minor as a delinquent shall be open to the public, except as 3
	1064	+	prohibited or limited by order of the court, if 4
	1065	+	(1) the department files with the court a motion asking the court to 5
	1066	+	open the hearing to the public, and the petition seeking adjudication of the minor as a 6
	1067	+	delinquent is based on 7
	1068	+	(A) the minor's alleged commission of an offense, and the 8
	1069	+	minor has knowingly failed to comply with all the terms and conditions 9
	1070	+	required of the minor by the department or imposed on the minor in a court 10
	1071	+	order entered under AS 47.12.040(a)(2) or 47.12.120; 11
	1072	+	(B) the minor's alleged commission of 12
	1073	+	(i) a crime against a person that is punishable as a 13
	1074	+	felony; 14
	1075	+	(ii) a crime in which the minor employed a deadly 15
	1076	+	weapon, as that term is defined in AS 11.81.900(b), in committing the 16
	1077	+	crime; 17
	1078	+	(iii) arson under AS 11.46.400 - 11.46.410; 18
	1079	+	(iv) burglary under AS 11.46.300; 19
	1080	+	(v) distribution of child sexual abuse material 20
	1081	+	[PORNOGRAPHY] under AS 11.61.125; 21
	1082	+	(vi) sex trafficking in the first degree under 22
	1083	+	AS 11.66.110; or 23
	1084	+	(vii) misconduct involving a controlled substance under 24
	1085	+	AS 11.71 involving the delivery of a controlled substance or the 25
	1086	+	possession of a controlled substance with intent to deliver, other than 26
	1087	+	an offense under AS 11.71.040 or 11.71.050; or 27
	1088	+	(C) the minor's alleged commission of a felony and the minor 28
	1089	+	was 16 years of age or older at the time of commission of the offense when the 29
	1090	+	minor has previously been convicted or adjudicated a delinquent minor based 30
	1091	+	on the minor's commission of an offense that is a felony; or 31 33-GH1482\I.A
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	1094	+
	1095	+	(2) the minor agrees to a public hearing on the petition seeking 1
	1096	+	adjudication of the minor as a delinquent. 2
	1097	+	* Sec. 46. AS 47.12.315(a) is amended to read: 3
	1098	+	(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 4
	1099	+	section, the department shall disclose information to the public, on request, concerning 5
	1100	+	a minor subject to this chapter who was at least 13 years of age at the time of 6
	1101	+	commission of 7
	1102	+	(1) a felony offense against a person under AS 11.41; 8
	1103	+	(2) arson in the first or second degree; 9
	1104	+	(3) burglary in the first degree; 10
	1105	+	(4) distribution of child sexual abuse material [PORNOGRAPHY]; 11
	1106	+	(5) sex trafficking in the first degree; 12
	1107	+	(6) misconduct involving a controlled substance in the first, second, or 13
	1108	+	third degrees involving distribution or possession with intent to deliver; or 14
	1109	+	(7) misconduct involving weapons in the first through fourth degrees. 15
	1110	+	* Sec. 47. AS 47.14.300(a) is amended to read: 16
	1111	+	(a) The department, a state or municipal agency with expertise in child abuse 17
	1112	+	or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 18
	1113	+	as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act 19
	1114	+	of 1994) with expertise in child abuse or neglect, in partnership with the department, 20
	1115	+	may facilitate the initial establishment of a multidisciplinary child protection team. 21
	1116	+	The purpose of a team is to assist in the evaluation and investigation of reports of child 22
	1117	+	abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 23
	1118	+	department or a law enforcement agency; to assist in the evaluation and 24
	1119	+	investigation of reports of sexual contact or sexual penetration, as defined in 25
	1120	+	AS 11.81.900(b), occurring between children under 13 years of age; and to provide 26
	1121	+	consultation and coordination for agencies involved in child-in-need-of-aid cases 27
	1122	+	under AS 47.10. The multidisciplinary child protection teams shall 28
	1123	+	(1) ensure that investigations involving child abuse or neglect are 29
	1124	+	coordinated and conducted by trained investigators; 30
	1125	+	(2) take and recommend steps to avoid duplicative interviews of 31 33-GH1482\I.A
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	1128	+
	1129	+	children; 1
	1130	+	(3) assist in the reduction of trauma to a child and family involved in 2
	1131	+	an investigation of child abuse or neglect; and 3
	1132	+	(4) review records, provide consultation, and make recommendations 4
	1133	+	to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 5
	1134	+	the team by a team member. 6
	1135	+	* Sec. 48. AS 47.30.700 is amended by adding a new subsection to read: 7
	1136	+	(d) A peace officer may take a respondent into custody under (a) of 8
	1137	+	this section only if the ex parte order authorizing the peace officer to take the 9
	1138	+	respondent into custody is transmitted to the peace officer through a distribution 10
	1139	+	method that permits the peace officer to verify that the order originated from a court. 11
	1140	+	If the peace officer receives an order through a distribution method that does not 12
	1141	+	permit the peace officer to verify that the order originated from a court, the peace 13
	1142	+	officer shall contact the court and request that the court transmit the order to the peace 14
	1143	+	officer through a suitable distribution method. The court shall immediately comply. A 15
	1144	+	facsimile transmission from a telephone number, or electronic mail from an electronic 16
	1145	+	mail address, known by the peace officer to belong to a court is sufficient to satisfy 17
	1146	+	this subsection. 18
	1147	+	* Sec. 49. AS 47.30 is amended by adding a new section to read: 19
	1148	+	Sec. 47.30.706. Detention for evaluation after finding of incompetence. (a) 20
	1149	+	If a person who has been charged with a felony offense against a person under 21
	1150	+	AS 11.41 or felony arson has been found incompetent to proceed under AS 12.47, 22
	1151	+	before the charges are dismissed, an attorney with the Department of Law shall 23
	1152	+	petition a court to have the person delivered to the nearest evaluation facility for an 24
	1153	+	evaluation under AS 47.30.710. 25
	1154	+	(b) Upon receiving a petition under (a) of this section, a court shall, unless the 26
	1155	+	presumption in (d) of this section has been successfully rebutted, issue an ex parte 27
	1156	+	order orally or in writing stating that there is probable cause to believe the respondent 28
	1157	+	is mentally ill and that condition causes the respondent to present a likelihood of 29
	1158	+	serious harm to self or others. The court shall appoint an attorney to represent the 30
	1159	+	respondent and may direct that a peace officer take the respondent into custody and 31 33-GH1482\I.A
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	1162	+
	1163	+	deliver the respondent to the nearest appropriate facility for evaluation. The ex parte 1
	1164	+	order shall be provided to the respondent and made a part of the respondent's clinical 2
	1165	+	record. The court shall set a date, time, and place for a 30-day commitment hearing, to 3
	1166	+	be held within 72 hours after the respondent's arrival at the evaluation facility. The 4
	1167	+	court shall confirm an oral order in writing within 24 hours after it is issued. 5
	1168	+	(c) A respondent taken into custody for evaluation under this section may not 6
	1169	+	be placed in a jail or other correctional facility except for protective custody purposes 7
	1170	+	and only while awaiting transportation to an evaluation facility. 8
	1171	+	(d) A defendant charged with a felony offense against a person under 9
	1172	+	AS 11.41 or felony arson and found to be incompetent to proceed under AS 12.47.100 10
	1173	+	is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to 11
	1174	+	self or others. In evaluating whether a defendant is likely to cause serious harm under 12
	1175	+	this section, the court may consider the conduct with which the defendant was 13
	1176	+	originally charged as evidence of recent behavior, regardless of any time spent in 14
	1177	+	custody. 15
	1178	+	* Sec. 50. AS 47.30.710(a) is amended to read: 16
	1179	+	(a) A respondent who is delivered under AS 47.30.700 - 47.30.706 17
	1180	+	[AS 47.30.700 - 47.30.705] to an evaluation facility for [EMERGENCY] examination 18
	1181	+	and treatment shall be examined and evaluated as to mental and physical condition by 19
	1182	+	a mental health professional and by a physician within 24 hours after arrival at the 20
	1183	+	facility. 21
	1184	+	* Sec. 51. AS 47.30.715 is repealed and reenacted to read: 22
	1185	+	Sec. 47.30.715. Procedure after order. (a) After the court grants an ex parte 23
	1186	+	order authorizing hospitalization for evaluation, the department shall immediately 24
	1187	+	transport a person who is detained at a medical or other facility, including a 25
	1188	+	correctional facility, to a crisis residential center or evaluation facility for an 26
	1189	+	evaluation. 27
	1190	+	(b) A person being detained while awaiting transportation to a crisis 28
	1191	+	residential center or evaluation facility may request a court hearing to review the 29
	1192	+	detention at any time. The hearing shall be held not later than 72 hours after the 30
	1193	+	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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	1195	+	New Text Underlined [DELETED TEXT BRACKETED]
	1196	+
	1197	+	transportation, the court shall consider the factors listed in (d) of this section. 1
	1198	+	(c) A person may not be detained for more than seven days while awaiting 2
	1199	+	transportation to a crisis residential center or evaluation facility; however, the 3
	1200	+	department or a facility detaining a person under AS 47.30.700 - 47.30.815 may file a 4
	1201	+	request to extend the detention based on the person continuing to meet the standards 5
	1202	+	for commitment under AS 47.30.700 and the need for a continued hold. The request 6
	1203	+	must be supported by the verified or certified statement of a mental health professional 7
	1204	+	and be served on the respondent, the respondent's attorney, and the division of the 8
	1205	+	Department of Law that has responsibility for civil cases. When the court decides a 9
	1206	+	request to extend the detention pending transportation, the court shall consider the 10
	1207	+	factors identified in (d) of this section. 11
	1208	+	(d) When ruling on a request to review or extend detention, the court shall 12
	1209	+	consider the totality of the circumstances, including 13
	1210	+	(1) the length of time the person has been detained; 14
	1211	+	(2) the reason the person has not yet been transported; 15
	1212	+	(3) the person's current medical and psychiatric condition; 16
	1213	+	(4) whether the person is gravely disabled or is likely to cause serious 17
	1214	+	harm to self or others; and 18
	1215	+	(5) whether the person is receiving treatment at the person's current 19
	1216	+	placement. 20
	1217	+	(e) The court shall schedule a hearing to decide a request for review under (b) 21
	1218	+	of this section or a request to extend detention under (c) of this section. The hearing 22
	1219	+	shall be held not later than 72 hours after the request for review or the request to 23
	1220	+	extend detention, as applicable. If a hearing is held after expiration of the seven-day 24
	1221	+	detention period, the detention shall be extended until the hearing. 25
	1222	+	(f) Regardless of whether a request to extend the respondent's detention has 26
	1223	+	been filed, if at any time in the course of the detention a mental health professional at 27
	1224	+	the detaining facility determines that the person does not meet the standards for 28
	1225	+	commitment under AS 47.30.700, the respondent shall be released and the facility 29
	1226	+	shall notify the petitioner, the respondent's attorney, the division of the Department of 30
	1227	+	Law that has responsibility for civil cases, and the court. 31 33-GH1482\I.A
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	1230	+
	1231	+	(g) When an evaluation facility receives a proper order for evaluation, it shall 1
	1232	+	accept the order and the respondent for an evaluation period not to exceed 72 hours. 2
	1233	+	The evaluation facility shall promptly notify the court of the date and time of the 3
	1234	+	respondent's arrival. The court shall set a date, time, and place for a 30-day 4
	1235	+	commitment hearing, to be held if needed within 72 hours after the respondent's 5
	1236	+	arrival, and the court shall notify the evaluation facility, the respondent, the 6
	1237	+	respondent's guardian, if any, the respondent's attorney, the petitioner's attorney, if 7
	1238	+	any, and the attorney general of the time and place of the hearing. Evaluation 8
	1239	+	personnel, when used, shall similarly notify the court of the date and time when they 9
	1240	+	first met with the respondent. 10
	1241	+	* Sec. 52. AS 47.30.725 is amended by adding new subsections to read: 11
	1242	+	(g) If a criminal charge of a felony offense against a person under AS 11.41 or 12
	1243	+	felony arson against a respondent has been dismissed under AS 12.47.110 and the 13
	1244	+	respondent is detained for evaluation or committed under AS 47.30.700 - 47.30.915, 14
	1245	+	(1) the Department of Law shall notify a victim in the dismissed 15
	1246	+	criminal case 16
	1247	+	(A) of the time and place of a hearing under AS 47.30.700 - 17
	1248	+	47.30.915; 18
	1249	+	(B) of the length of time for which the respondent is committed 19
	1250	+	and findings of fact made by the court; and 20
	1251	+	(C) when the respondent is discharged from commitment; and 21
	1252	+	(2) a victim in the dismissed criminal case may attend a hearing under 22
	1253	+	AS 47.30.700 - 47.30.915, but may not disclose confidential information from the 23
	1254	+	hearing. 24
	1255	+	(h) Subsection (g) of this section may not be construed to give a victim in a 25
	1256	+	dismissed criminal case the right to access a record that is confidential under 26
	1257	+	AS 47.30.845. 27
	1258	+	* Sec. 53. AS 47.30 is amended by adding a new section to read: 28
	1259	+	Sec. 47.30.727. Provision of records and notice following a finding of 29
	1260	+	incompetency in a criminal case. (a) Within 30 days after a respondent has been 30
	1261	+	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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	1264	+
	1265	+	- 47.30.915, and every 30 days thereafter until the civil commitment case has 1
	1266	+	concluded, the division of the Department of Law that has responsibility for civil cases 2
	1267	+	shall provide all information and records obtained during the civil commitment to the 3
	1268	+	division of the Department of Law that has responsibility for criminal cases. 4
	1269	+	(b) Records disclosed to the division of the Department of Law that has 5
	1270	+	responsibility for criminal cases under (a) of this section are confidential and may not 6
	1271	+	be disclosed to anyone unless disclosure is required by a court order or the respondent 7
	1272	+	provides written consent to the disclosure. If the records are used in the criminal 8
	1273	+	proceeding, the moving party shall file the records as confidential documents. 9
	1274	+	(c) A facility housing a respondent found incompetent to proceed under 10
	1275	+	AS 12.47.110 and committed under AS 47.30.700 - 47.30.915 shall provide notice to 11
	1276	+	the prosecutor in the criminal case of all hearings scheduled by the court in the civil 12
	1277	+	commitment case. The prosecutor, or a staff member of the prosecutor's office, may 13
	1278	+	attend a hearing in the civil commitment case but may not participate in the hearing as 14
	1279	+	a party. 15
	1280	+	* Sec. 54. AS 47.30.735(b) is amended to read: 16
	1281	+	(b) The hearing shall be conducted in a physical setting least likely to have a 17
	1282	+	harmful effect on the mental or physical health of the respondent, within practical 18
	1283	+	limits. At the hearing, in addition to other rights specified in AS 47.30.660 - 19
	1284	+	47.30.915, the respondent has the right 20
	1285	+	(1) to be present at the hearing; this right may be waived only with the 21
	1286	+	respondent's informed consent; if the respondent is incapable of giving informed 22
	1287	+	consent, the respondent may be excluded from the hearing only if the court, after 23
	1288	+	hearing, finds that the incapacity exists and that there is a substantial likelihood that 24
	1289	+	the respondent's presence at the hearing would be severely injurious to the 25
	1290	+	respondent's mental or physical health; 26
	1291	+	(2) to view and copy all petitions and reports in the court file of the 27
	1292	+	respondent's case; 28
	1293	+	(3) to have the hearing open or closed to the public as the respondent 29
	1294	+	elects, except that, if the respondent was charged with a felony offense against a 30
	1295	+	person under AS 11.41 or felony arson and the criminal case was dismissed under 31 33-GH1482\I.A
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	1298	+
	1299	+	AS 12.47.110, an alleged victim in the dismissed criminal case and the prosecutor, 1
	1300	+	or a staff member of the prosecutor's office, may attend the hearing, but may not 2
	1301	+	disclose confidential information from the hearing; 3
	1302	+	(4) to have the rules of evidence and civil procedure applied so as to 4
	1303	+	provide for the informal but efficient presentation of evidence; 5
	1304	+	(5) to have an interpreter if the respondent does not understand 6
	1305	+	English; 7
	1306	+	(6) to present evidence on the respondent's behalf; 8
	1307	+	(7) to cross-examine witnesses who testify against the respondent; 9
	1308	+	(8) to remain silent; 10
	1309	+	(9) to call experts and other witnesses to testify on the respondent's 11
	1310	+	behalf. 12
	1311	+	* Sec. 55. AS 47.30 is amended by adding a new section to read: 13
	1312	+	Sec. 47.30.771. Additional two-year commitment. (a) The respondent shall 14
	1313	+	be released from involuntary treatment at the expiration of 180 days unless the 15
	1314	+	professional person in charge or the attorney general's office files an additional 180-16
	1315	+	day petition or a petition for a commitment of up to two years conforming to the 17
	1316	+	requirements of AS 47.30.740(a) except that all references to "30-day commitment" 18
	1317	+	shall be read as "the previous 180-day commitment" and all references to "90-day 19
	1318	+	commitment" shall be read as "two-year commitment." 20
	1319	+	(b) The procedures for service of the petition, notification of rights, and 21
	1320	+	judicial hearing shall be as set out in AS 47.30.740 - 47.30.750. Following a 180-day 22
	1321	+	commitment of a respondent, the court may order the respondent committed for an 23
	1322	+	additional treatment period not to exceed two years from the date on which the 180-24
	1323	+	day treatment period would have expired if the court or jury finds by clear and 25
	1324	+	convincing evidence that 26
	1325	+	(1) the respondent is mentally ill and as a result is likely to cause 27
	1326	+	serious harm to self or others; 28
	1327	+	(2) the respondent has a criminal history that includes a felony offense 29
	1328	+	against a person under AS 11.41 or felony arson, including an offense for which the 30
	1329	+	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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	1332	+
	1333	+	(3) the respondent has been found incompetent to stand trial under 1
	1334	+	AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41 or 2
	1335	+	felony arson and that finding of incompetence led directly to the respondent's current 3
	1336	+	period of commitment; and 4
	1337	+	(4) the period of commitment of the respondent, including a period of 5
	1338	+	commitment for more than 180 days but not more than two years, is necessary to 6
	1339	+	protect the public. 7
	1340	+	(c) Findings of fact relating to the respondent's behavior made at a 30-day 8
	1341	+	commitment hearing under AS 47.30.735, a 90-day commitment hearing under 9
	1342	+	AS 47.30.750, a 180-day commitment hearing under AS 47.30.770, or a two-year 10
	1343	+	commitment hearing under this section shall be admitted as evidence and may not be 11
	1344	+	rebutted except that newly discovered evidence may be used for the purpose of 12
	1345	+	rebutting the findings. 13
	1346	+	(d) Successive commitments are permissible on the same ground and under 14
	1347	+	the same procedures as the original commitment. An order of commitment may not 15
	1348	+	exceed two years. 16
	1349	+	(e) The department shall, by January 30 of each year, submit to the attorney 17
	1350	+	general, public defender, public advocate, Alaska Court System, and the attorney of 18
	1351	+	record for the respondent, if any, a report that details how many respondents are 19
	1352	+	committed under this section and how much time remains on each order of 20
	1353	+	commitment. 21
	1354	+	* Sec. 56. AS 47.30.780(a) is amended to read: 22
	1355	+	(a) Except as provided in (b) and (c) of this section, the professional person in 23
	1356	+	charge shall at any time discharge a respondent on the ground that the respondent is no 24
	1357	+	longer gravely disabled or likely to cause serious harm as a result of mental illness. A 25
	1358	+	certificate to this effect shall be sent to the court, which shall enter an order officially 26
	1359	+	terminating the involuntary commitment. 27
	1360	+	* Sec. 57. AS 47.30.780 is amended by adding new subsections to read: 28
	1361	+	(c) If a respondent committed under AS 47.30.770 or 47.30.771 has a criminal 29
	1362	+	history that includes a felony offense against a person under AS 11.41 or felony arson, 30
	1363	+	including an offense for which the respondent was found incompetent to stand trial 31 33-GH1482\I.A
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	1366	+
	1367	+	under AS 12.47.100 and 12.47.110, the professional person in charge may not 1
	1368	+	discharge the respondent under (a) of this section unless the court enters an order 2
	1369	+	officially terminating the involuntary commitment. The court shall give the 3
	1370	+	prosecuting authority 10 days' notice before the professional person in charge may 4
	1371	+	discharge a respondent under this subsection. 5
	1372	+	(d) Except as provided in (e) of this section, a respondent committed under 6
	1373	+	AS 47.30.771 may petition the court for early discharge at any time during the 7
	1374	+	commitment if the respondent presents some evidence demonstrating that the 8
	1375	+	respondent is no longer likely to cause serious harm to self or others. The court shall 9
	1376	+	grant early discharge unless the state proves by clear and convincing evidence that the 10
	1377	+	respondent remains likely to cause serious harm to self or others. 11
	1378	+	(e) A respondent may not file a petition for early discharge within 180 days 12
	1379	+	after the date the court enters an initial commitment order or a final order ruling on a 13
	1380	+	previous petition for early discharge. 14
	1381	+	* Sec. 58. AS 47.30.805(a) is amended to read: 15
	1382	+	(a) Except as provided in (b) of this section, 16
	1383	+	(1) computations of a 72-hour [EVALUATION] period under 17
	1384	+	AS 47.30.706, 47.30.708, [AS 47.30.708] or 47.30.715 or a 48-hour [DETENTION] 18
	1385	+	period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any 19
	1386	+	period of time necessary to transport the respondent to the treatment facility, except 20
	1387	+	that if the exclusion of Saturdays, Sundays, and legal holidays from the computation 21
	1388	+	of a 72-hour evaluation period or 48-hour detention period would result in the 22
	1389	+	respondent being held for longer than 72 hours or 48 hours, as applicable, the period 23
	1390	+	ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday; 24
	1391	+	(2) a seven-day detention at a crisis residential center expires at the end 25
	1392	+	of the seventh day following the respondent's arrival at the crisis stabilization center or 26
	1393	+	the crisis residential center, whichever is earlier; 27
	1394	+	(3) a 30-day commitment period expires at the end of the 30th day 28
	1395	+	after the 72 hours following initial acceptance; 29
	1396	+	(4) a 90-day commitment period expires at the end of the 90th day 30
	1397	+	after the expiration of a 30-day period of treatment; 31 33-GH1482\I.A
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	1400	+
	1401	+	(5) a 180-day commitment period expires at the end of the 180th day, 1
	1402	+	after the expiration of a 90-day period of treatment or previous 180-day period, 2
	1403	+	whichever is applicable; 3
	1404	+	(6) a two-year commitment period expires not later than two years 4
	1405	+	after the expiration of a 180-day period of treatment. 5
	1406	+	* Sec. 59. AS 47.30.845 is amended to read: 6
	1407	+	Sec. 47.30.845. Confidential records. Information and records obtained in the 7
	1408	+	course of a screening investigation, evaluation, examination, or treatment are 8
	1409	+	confidential and are not public records, except as the requirements of a hearing under 9
	1410	+	AS 47.30.660 - 47.30.915 may necessitate a different procedure. Information and 10
	1411	+	records may be copied and disclosed under regulations established by the department 11
	1412	+	only to 12
	1413	+	(1) a physician or a provider of health, mental health, or social and 13
	1414	+	welfare services involved in caring for, treating, or rehabilitating the patient; 14
	1415	+	(2) the patient or an individual to whom the patient has given written 15
	1416	+	consent to have information disclosed; 16
	1417	+	(3) a person authorized by a court order; 17
	1418	+	(4) a person doing research or maintaining health statistics if the 18
	1419	+	anonymity of the patient is assured and the facility recognizes the project as a bona 19
	1420	+	fide research or statistical undertaking; 20
	1421	+	(5) the Department of Corrections in a case in which a prisoner 21
	1422	+	confined to the state prison is a patient in the state hospital on authorized transfer 22
	1423	+	either by voluntary admission or by court order; 23
	1424	+	(6) a governmental or law enforcement agency when necessary to 24
	1425	+	secure the return of a patient who is on unauthorized absence from a facility where the 25
	1426	+	patient was undergoing evaluation or treatment; 26
	1427	+	(7) a law enforcement agency when there is substantiated concern over 27
	1428	+	imminent danger to the community by a presumed mentally ill person; 28
	1429	+	(8) the department in a case in which services provided under 29
	1430	+	AS 47.30.660 - 47.30.915 are paid for, in whole or in part, by the department or in 30
	1431	+	which a person has applied for or has received assistance from the department for 31 33-GH1482\I.A
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	1434	+
	1435	+	those services; 1
	1436	+	(9) the Department of Public Safety as provided in AS 47.30.907; 2
	1437	+	information provided under this paragraph may not include diagnostic or clinical 3
	1438	+	information regarding a patient; 4
	1439	+	(10) the Department of Law as provided in AS 47.30.727. 5
	1440	+	* Sec. 60. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 6
	1441	+	2019, is amended to read: 7
	1442	+	(c) The following sections apply to the duty to register as a sex offender for 8
	1443	+	offenses committed 9
	1444	+	(1) before, on, or after the effective date of those sections: 10
	1445	+	(A) [(1)] AS 12.63.010(d), as amended by sec. 82, ch. 4, 11
	1446	+	FSSLA 2019 [OF THIS ACT]; 12
	1447	+	(B) AS 12.63.020(a)(2) and (b) [(2) AS 12.63.020], as 13
	1448	+	amended by sec. 83, ch. 4, FSSLA 2019 [OF THIS ACT]; 14
	1449	+	(C) [(3)] AS 12.63.100(6), as amended by sec. 84, ch. 4, 15
	1450	+	FSSLA 2019 [OF THIS ACT]; 16
	1451	+	(D) AS 12.63.100(7)(E) [(4) AS 12.63.100(7)], as amended by 17
	1452	+	sec. 85, ch. 4, FSSLA 2019; 18
	1453	+	(2) on or after the effective date of those sections: 19
	1454	+	(A) AS 12.63.020(a)(1), as amended by sec. 83, ch. 4, FSSLA 20
	1455	+	2019; 21
	1456	+	(B) AS 12.63.100(7)(C), as amended by sec. 85, ch. 4, 22
	1457	+	FSSLA 2019 [OF THIS ACT]. 23
	1458	+	* Sec. 61. The uncodified law of the State of Alaska is amended by adding a new section to 24
	1459	+	read: 25
	1460	+	DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 26
	1461	+	Procedure, is amended to read: 27
	1462	+	(s) Admissibility of Evidence. 28
	1463	+	(1) Evidence which would be legally admissible at trial shall be 29
	1464	+	admissible before the grand jury. Witnesses [IN APPROPRIATE CASES, 30
	1465	+	HOWEVER, WITNESSES] may be presented to summarize admissible evidence if 31 33-GH1482\I.A
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	1467	+	New Text Underlined [DELETED TEXT BRACKETED]
	1468	+
	1469	+	the admissible evidence will be available at trial. [EXCEPT AS STATED IN 1
	1470	+	SUBPARAGRAPHS (2), (3), AND (6), HEARSAY EVIDENCE SHALL NOT BE 2
	1471	+	PRESENTED TO THE GRAND JURY ABSENT COMPELLING JUSTIFICATION 3
	1472	+	FOR ITS INTRODUCTION. IF HEARSAY EVIDENCE IS PRESENTED TO THE 4
	1473	+	GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE 5
	1474	+	RECORD.] 6
	1475	+	(2) [IN A PROSECUTION FOR AN OFFENSE UNDER 7
	1476	+	AS 11.41.410 - 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED 8
	1477	+	TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD 9
	1478	+	WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 10
	1479	+	EVIDENCE BEFORE THE GRAND JURY IF 11
	1480	+	(i) THE CIRCUMSTANCES OF THE STATEMENT 12
	1481	+	INDICATE ITS RELIABILITY; 13
	1482	+	(ii) THE CHILD IS UNDER 10 YEARS OF AGE 14
	1483	+	WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 15
	1484	+	ADMITTED; 16
	1485	+	(iii) ADDITIONAL EVIDENCE IS INTRODUCED 17
	1486	+	TO CORROBORATE THE STATEMENT; AND 18
	1487	+	(iv) THE CHILD TESTIFIES AT THE GRAND JURY 19
	1488	+	PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 20
	1489	+	TESTIFY AT TRIAL. 21
	1490	+	(3)] Hearsay evidence related to the offense, not otherwise admissible, 22
	1491	+	may be admitted into evidence before the grand jury if 23
	1492	+	[(i)] the individual presenting the hearsay evidence is a 24
	1493	+	peace officer involved in the investigation [; AND 25
	1494	+	(ii) THE HEARSAY EVIDENCE CONSISTS OF THE 26
	1495	+	STATEMENT AND OBSERVATIONS MADE BY ANOTHER 27
	1496	+	PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 28
	1497	+	AND 29
	1498	+	(iii) ADDITIONAL EVIDENCE IS INTRODUCED 30
	1499	+	TO CORROBORATE THE STATEMENT]. 31 33-GH1482\I.A
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	1502	+
	1503	+	(4) If the testimony presented by a peace officer under paragraph (2) 1
	1504	+	[(3)] of this section is inaccurate because of intentional, grossly negligent, or negligent 2
	1505	+	misstatements or omissions, then the court shall dismiss an indictment resulting from 3
	1506	+	the testimony if the defendant shows that the inaccuracy prejudices substantial rights 4
	1507	+	of the defendant. 5
	1508	+	(5) [IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 6
	1509	+	WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 7
	1510	+	CONDUCT IS INTENDED AS AN ASSERTION. 8
	1511	+	(6)] When a prior conviction is an element of an offense, hearsay 9
	1512	+	evidence received through the Alaska Public Safety Information Network or from 10
	1513	+	other government agencies of prior convictions may be presented to the grand jury. 11
	1514	+	* Sec. 62. AS 11.66.100(b), 11.66.100(e), and AS 12.40.110 are repealed. 12
	1515	+	* Sec. 63. The uncodified law of the State of Alaska is amended by adding a new section to 13
	1516	+	read: 14
	1517	+	INDIRECT COURT RULE AMENDMENTS. AS 47.30.700(d), enacted by sec. 37 of 15
	1518	+	this Act, has the effect of changing Rules 4 and 5, Alaska Rules of Civil Procedure, by 16
	1519	+	restricting the permissible methods by which a court order may be served on a party." 17
	1520	+	* Sec. 64. The uncodified law of the State of Alaska is amended by adding a new section to 18
	1521	+	read: 19
	1522	+	INVESTIGATION AND RECOMMENDATIONS. (a) The Department of 20
	1523	+	Corrections shall contract with a statewide Alaska Native organization whose membership 21
	1524	+	consists of villages, Alaska Native corporations, and tribal consortiums to conduct a study on 22
	1525	+	the reasons Alaska Natives make up 40 percent of the state's prison population, yet make up 23
	1526	+	just 14 percent of the general population. The contract shall require outreach to federal, state, 24
	1527	+	local, and tribal governments, and private stakeholders to inform the study and make 25
	1528	+	recommendations. 26
	1529	+	(b) The Department of Corrections and the contractor shall present to the governor 27
	1530	+	and the legislature not later than the first day of the First Regular Session of the Thirty-Fourth 28
	1531	+	Alaska State Legislature findings and recommendations for specific actions that can be taken 29
	1532	+	to reduce initial encounters with the prison system and recidivism rates following the release 30
	1533	+	of Alaska Native prisoners. The recommendations may include ways that Alaska Native 31 33-GH1482\I.A
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	1536	+
	1537	+	entities that are primarily federally funded can 1
	1538	+	(1) establish restorative justice programs to address the unique cultural needs 2
	1539	+	of Alaska Native people; 3
	1540	+	(2) intervene earlier with at-risk Alaska Native youth and young adults to 4
	1541	+	ensure those at-risk youth and young adults have the life skills and support systems necessary 5
	1542	+	to prevent encounters with the criminal justice system; 6
	1543	+	(3) reduce the Alaska Native prison population by providing early mental 7
	1544	+	health diagnosis and better treatment; 8
	1545	+	(4) provide low-income housing options to reduce the Alaska Native homeless 9
	1546	+	population that are more likely to encounter law enforcement when living on the street; 10
	1547	+	(5) improve alcohol and drug misuse treatment options for Alaska Native 11
	1548	+	youth and young adults; 12
	1549	+	(6) provide job training and mentoring opportunities to earn a living and 13
	1550	+	provide food, housing, and other family necessities for Alaska Native residents and families; 14
	1551	+	(7) offer digital training to Alaska Native residents to access tribal, state, and 15
	1552	+	federal services, obtain digital employment, participate in remote counseling services to 16
	1553	+	address alcohol and drug abuse, and participate in job training and education; and 17
	1554	+	(8) identify federal grant programs at the Department of Justice, the 18
	1555	+	Department of Health and Human Services, including the Indian Health Service and 19
	1556	+	Substance Abuse and Mental Health Services Administration, the Department of the Interior, 20
	1557	+	the Department of Labor, and other federal agencies that could be used to fund 21
	1558	+	implementation of the recommendations, with a particular emphasis on juveniles and young 22
	1559	+	adults. 23
	1560	+	* Sec. 65. The uncodified law of the State of Alaska is amended by adding a new section to 24
	1561	+	read: 25
	1562	+	APPLICABILITY. (a) AS 11.41.110, as amended by sec. 3 of this A ct, 26
	1563	+	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
	1564	+	Act, AS 11.41.140, as amended by sec. 6 of this Act, AS 11.41.240, enacted by sec. 7 of this 28
	1565	+	Act, AS 11.41.260(a), as amended by sec. 8 of this Act, AS 11.41.365(a), as amended by sec. 29
	1566	+	9 of this Act, AS 11.66.100(d), as amended by sec. 15 of this Act, AS 11.66.120(a), as 30
	1567	+	amended by sec. 16 of this Act, AS 11.66.120(c), enacted by sec
	1568	+	. 17 of this Act, 31 33-GH1482\I.A
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	1571	+
	1572	+	AS 11.66.137, enacted by sec. 18 of this Act, AS 11.66.145, as amended by sec. 19 of this 1
	1573	+	Act, AS 11.71.010(a), as amended by sec. 22 of this Act, AS 11.71.010(b), as amended by 2
	1574	+	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
	1575	+	amended by sec. 23 of this Act, AS 11.71.210(a), as amended by sec. 24 of this Act, 4
	1576	+	AS 11.71.210(b), as amended by sec. 25 of this Act, AS 11.81.900(b)(69) and (70), enacted 5
	1577	+	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
	1578	+	as amended by sec. 31 of this Act, and AS 18.66.990(3), as amended by sec. 40 of this Act, 7
	1579	+	apply to offenses committed on or after the effective date of secs. 3 - 9, 15 - 23, 29, 31, and 40 8
	1580	+	of this Act. 9
	1581	+	(b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 10
	1582	+	amended by sec. 34 of this Act, AS 12.63.010(d), as amended by sec. 35 of this Act, and 11
	1583	+	AS 12.63.010(g) and (h), enacted by sec. 36 of this Act, applies to the duty to register as a sex 12
	1584	+	offender or child kidnapper for offenses committed before, on, or after the effective date of 13
	1585	+	secs. 34 - 36 of this Act. 14
	1586	+	(c) AS 12.63.020(a), as amended by sec. 37 of this Act, applies to the tolling of the 15
	1587	+	duty to register as a sex offender or child kidnapper on or after the effective date of sec. 37 of 16
	1588	+	this Act for determinations of noncompliance made by the Department of Public Safety on or 17
	1589	+	after the effective date of sec. 37 of this Act. 18
	1590	+	(d) Nothing in AS 12.63.020(a), as amended by sec. 37 of this Act, may be construed 19
	1591	+	as invalidating a decision by the Department of Public Safety to toll the period of registration 20
	1592	+	or continue the period of registration under AS 12.63 before the effective date of sec. 37 of 21
	1593	+	this Act. 22
	1594	+	(e) AS 12.63.100(7), as amended by sec. 38 of this Act, applies to the duty to register 23
	1595	+	as a sex offender for offenses committed on or after the effective date of sec. 38 of this Act. 24
	1596	+	(f) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 57 of this Act, 25
	1597	+	applies to indictments occurring on or after the effective date of sec. 57 of this Act for 26
	1598	+	offenses committed before, on, or after the effective date of sec. 57 of this Act. 27
	1599	+	* Sec. 66. The uncodified law of the State of Alaska is amended by adding a new section to 28
	1600	+	read: 29
	1601	+	* Sec. 67. The uncodified law of the State of Alaska is amended by adding a new section to 30
	1602	+	read: 31 33-GH1482\I.A
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	1605	+
	1606	+	INVESTIGATION AND RECOMMENDATIONS. (a) The Department of 1
	1607	+	Corrections shall contract with an organization to conduct a study on the reasons certain racial 2
	1608	+	groups are overrepresented in the Department of Corrections as a portion of the prison 3
	1609	+	population, when compared to the proportion of those populations in the state. 4
	1610	+	(b) The Department of Corrections and the contractor shall present to the governor 5
	1611	+	and the legislature not later than the first day of the First Regular Session of the Thirty-Fourth 6
	1612	+	Alaska State Legislature findings and recommendations for specific actions that can be taken 7
	1613	+	to reduce initial encounters with the prison system and recidivism rates following the release 8
	1614	+	of prisoners in the groups studied. 9
	1615	+	CONDITIONAL EFFECT. (a) AS 47.30.700(d), enacted by sec. 37 of this Act, takes 10
	1616	+	effect only if sec. 52 of this Act receives the two-thirds majority vote of each house required 11
	1617	+	by art. IV, sec. 15, Constitution of the State of Alaska. 12
	1618	+	(b) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 57 of this Act, 13
	1619	+	takes effect only if sec. 57 of this Act receives the two-thirds majority vote of each house 14
	1620	+	required by art. IV, sec. 15, Constitution of the State of Alaska. 15
	1621	+	* Sec. 68. Section 56 of this Act takes effect immediately under AS 01.10.070(c). 16
	1622	+	* Sec. 69. Except as provided in sec. 62 of this Act, this Act takes effect January 1, 2025. 17