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HOUSE BILL NO. 67
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
Introduced: 2/8/23
Referred: Judiciary, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to criminal law and procedure; relating to the crime of stalking; 1
relating to consecutive sentencing for violation of conditions of release; relating to the 2
duty to register as a sex offender; amending the definition of 'sex offense'; amending the 3
definition of 'crime involving domestic violence'; relating to multidisciplinary child 4
protection teams; amending Rule 6(r), Alaska Rules of Criminal Procedure; and 5
providing for an effective date." 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 8
to read: 9
LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that it is not 10
now, nor has it ever been, the case that a prosecutor must know conclusively that evidence 11
admitted at grand jury will also be admitted at trial. 12
(b) The legislature further finds that evidence is generally admissible at grand jury as 13 33-GH1031\A
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long as the prosecutor believes that the evidence will be admissible at the time of trial. 1
(c) It is the intent of the legislature that Criminal Rule 6(r), as amended by sec. 12 of 2
this Act, overturns the decision of the Alaska Court of Appeals in State v. Powell, 487 P.3d 3
609 (Alaska App. 2021), to the extent the decision held that hearsay evidence admissible 4
under the hearsay exception under Alaska Rule of Evidence 801(d)(3) is inadmissible at grand 5
jury if certain foundational requirements cannot be met at the time of grand jury. 6
* Sec. 2. AS 11.41.260(a) is amended to read: 7
(a) A person commits the crime of stalking in the first degree if the person 8
violates AS 11.41.270 and 9
(1) the actions constituting the offense are in violation of an order 10
issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 11
under former AS 25.35.010(b) or 25.35.020; 12
(2) the actions constituting the offense are in violation of a condition of 13
probation, release before trial, release after conviction, or parole; 14
(3) the victim is under 16 years of age; 15
(4) at any time during the course of conduct constituting the offense, 16
the defendant possessed a deadly weapon; 17
(5) the defendant has been previously convicted of a crime under this 18
section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 19
jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 20
AS 11.56.740; or 21
(6) the defendant has been previously convicted of a crime, or an 22
attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 23
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 24
law or an ordinance of this or another jurisdiction with elements similar to a crime, or 25
an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 26
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 27
involving the same victim as the present offense. 28
* Sec. 3. AS 12.55.127(c) is amended to read: 29
(c) If the defendant is being sentenced for 30
(1) escape, the term of imprisonment shall be consecutive to the term 31 33-GH1031\A
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for the underlying crime; 1
(2) two or more crimes under AS 11.41, a consecutive term of 2
imprisonment shall be imposed for at least 3
(A) the mandatory minimum term under AS 12.55.125(a) for 4
each additional crime that is murder in the first degree; 5
(B) the mandatory minimum term for each additional crime 6
that is an unclassified felony governed by AS 12.55.125(b); 7
(C) the presumptive term specified in AS 12.55.125(c) or the 8
active term of imprisonment, whichever is less, for each additional crime that 9
is 10
(i) manslaughter; or 11
(ii) kidnapping that is a class A felony; 12
(D) two years or the active term of imprisonment, whichever is 13
less, for each additional crime that is criminally negligent homicide; 14
(E) one-fourth of the presumptive term under AS 12.55.125(c) 15
or (i) for each additional crime that is sexual assault in the first degree under 16
AS 11.41.410 or sexual abuse of a minor in the first degree under 17
AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 18
offenses; and 19
(F) some additional term of imprisonment for each additional 20
crime, or each additional attempt or solicitation to commit the offense, under 21
AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 22
11.41.500 - 11.41.520; 23
(3) two or more crimes of violation of condition of release under 24
AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 25
additional term of imprisonment for the underlying crime and each additional 26
crime under AS 11.56.757. 27
* Sec. 4. AS 12.63.010(b) is amended to read: 28
(b) A sex offender or child kidnapper required to register under (a) of this 29
section shall register with the Department of Corrections if the sex offender or child 30
kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 31 33-GH1031\A
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police department located nearest to where the sex offender or child kidnapper resides 1
at the time of registration. To fulfill the registration requirement, the sex offender or 2
child kidnapper shall 3
(1) complete a registration form that includes the following 4
information, if applicable: [, AT A MINIMUM,] 5
(A) the sex offender's or child kidnapper's full name, mailing 6
and physical address, school address, telephone numbers used by the sex 7
offender or child kidnapper, social security number, passport 8
information, citizenship status, physical address of employment, name of 9
employer [PLACE OF EMPLOYMENT], job title, and date of birth; 10
(B) each conviction for a sex offense or child kidnapping for 11
which the duty to register has not terminated under AS 12.63.020, the date of 12
the sex offense or child kidnapping convictions, the place and court of the sex 13
offense or child kidnapping convictions, and whether the sex offender or child 14
kidnapper has been unconditionally discharged from the conviction for a sex 15
offense or child kidnapping and the date of the unconditional discharge; if the 16
sex offender or child kidnapper asserts that the offender or kidnapper has been 17
unconditionally discharged, the offender or kidnapper shall supply proof of 18
that discharge acceptable to the department; 19
(C) all aliases used; 20
(D) the sex offender's or child kidnapper's driver's license 21
number; 22
(E) the description, license numbers, and vehicle identification 23
numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 24
recreational vehicles, the sex offender or child kidnapper has access to, 25
regardless of whether that access is regular or not; 26
(F) any identifying features of the sex offender or child 27
kidnapper; 28
(G) anticipated changes of address and any temporary 29
lodging used by the sex offender or child kidnapper; 30
(H) a statement concerning whether the offender or kidnapper 31 33-GH1031\A
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has had treatment for a mental abnormality or personality disorder since the 1
date of conviction for an offense requiring registration under this chapter; 2
[AND] 3
(I) each electronic mail address, instant messaging address, and 4
other Internet communication identifier used by the sex offender or child 5
kidnapper; and 6
(J) professional licensing information; 7
(2) allow the Alaska state troopers, Department of Corrections, [OR] 8
municipal police, or any peace officer to take a complete set of the sex offender's or 9
child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 10
kidnapper's photograph. 11
* Sec. 5. AS 12.63.010(d) is amended to read: 12
(d) A sex offender or child kidnapper required to register 13
(1) for 15 years under (a) of this section and AS 12.63.020 shall, 14
annually, during the term of a duty to register under AS 12.63.020, on a date set by the 15
department at the time of the sex offender's or child kidnapper's initial registration, 16
provide written verification to the department, in the manner required by the 17
department, of the information provided under (b)(1) of this section [SEX 18
OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 19
the information previously provided under (b)(1) of this section; 20
(2) for life under (a) of this section and AS 12.63.020 shall, not less 21
than quarterly, on a date set by the department, provide written verification to the 22
department, in the manner required by the department, of the information provided 23
under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 24
ADDRESS] and notice of any changes to the information previously provided under 25
(b)(1) of this section. 26
* Sec. 6. AS 12.63.010 is amended by adding new subsections to read: 27
(g) If a sex offender or child kidnapper plans to leave the state after having 28
registered under (a) of this section, the sex offender or child kidnapper shall appear in 29
person and provide written notice to the department or a municipal police department 30
in the state of the plan to leave the state at least seven calendar days before leaving the 31 33-GH1031\A
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state. If a sex offender or child kidnapper plans to leave the state for international 1
travel after having registered under (a) of this section, the sex offender or child 2
kidnapper shall appear in person and provide written notice to the department or a 3
municipal police department in the state of the plan for any intended travel outside the 4
United States at least 21 days before leaving the state for international travel. 5
(h) If a sex offender or child kidnapper is away from the address provided to 6
the department under (b)(1)(A) of this section for seven days or more, the sex offender 7
or child kidnapper shall notify the department in writing of the address being used by 8
the sex offender or child kidnapper while away from the residence provided under 9
(b)(1)(A) of this section. 10
* Sec. 7. AS 12.63.020(a) is amended to read: 11
(a) The duty of a sex offender or child kidnapper to comply with the 12
requirements of AS 12.63.010 is as follows: 13
(1) for a sex offender or child kidnapper, as that term is defined in 14
AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 15
(A) continues for the lifetime of a sex offender or child 16
kidnapper convicted of 17
(i) one aggravated sex offense; or 18
(ii) two or more sex offenses, two or more child 19
kidnappings, or one sex offense and one child kidnapping; for purposes 20
of this section, a person convicted of indecent exposure before a person 21
under 16 years of age under AS 11.41.460 more than two times has 22
been convicted of two or more sex offenses; 23
(B) ends 15 years following the sex offender's or child 24
kidnapper's unconditional discharge from a conviction for a single sex offense 25
that is not an aggravated sex offense or for a single child kidnapping if the sex 26
offender or child kidnapper has supplied proof that is acceptable to the 27
department of the unconditional discharge; the registration period under this 28
subparagraph 29
(i) is tolled for the period [EACH YEAR] that a sex 30
offender or child kidnapper fails to comply with the requirements of 31 33-GH1031\A
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this chapter or is incarcerated for the offense or kidnapping for which 1
the offender or kidnapper is required to register or for any other 2
offense; 3
(ii) may include the time a sex offender or child 4
kidnapper was absent from this state if the sex offender or child 5
kidnapper has complied with any sex offender or child kidnapper 6
registration requirements of the jurisdiction in which the offender or 7
kidnapper was located and if the sex offender or child kidnapper 8
provides the department with proof of the compliance while the sex 9
offender or child kidnapper was absent from this state; and 10
(iii) continues for a sex offender or child kidnapper who 11
has not supplied proof acceptable to the department of the offender's or 12
kidnapper's unconditional discharge for the sex offense or child 13
kidnapping requiring registration; 14
(2) for a sex offender or child kidnapper, as that term is defined in 15
AS 12.63.100(6)(B), the duty continues for the period determined by the department 16
under (b) of this section. 17
* Sec. 8. AS 12.63.100(7) is amended to read: 18
(7) "sex offense" means 19
(A) a crime under AS 11.41.100(a)(3), or a similar law of 20
another jurisdiction, in which the person committed or attempted to commit a 21
sexual offense, or a similar offense under the laws of the other jurisdiction; in 22
this subparagraph, "sexual offense" has the meaning given in 23
AS 11.41.100(a)(3); 24
(B) a crime under AS 11.41.110(a)(3), or a similar law of 25
another jurisdiction, in which the person committed or attempted to commit 26
one of the following crimes, or a similar law of another jurisdiction: 27
(i) sexual assault in the first degree; 28
(ii) sexual assault in the second degree; 29
(iii) sexual abuse of a minor in the first degree; or 30
(iv) sexual abuse of a minor in the second degree; 31 33-GH1031\A
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(C) a crime, or an attempt, solicitation, or conspiracy to commit 1
a crime, under the following statutes or a similar law of another jurisdiction: 2
(i) AS 11.41.410 - 11.41.438; 3
(ii) AS 11.41.440(a)(2); 4
(iii) AS 11.41.450 - 11.41.458; 5
(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 6
exposure is before a person under 16 years of age and the offender has 7
previously been convicted under AS 11.41.460 or AS 26.05.900(c); 8
(v) AS 11.61.125 - 11.61.128; 9
(vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 10
AS 26.05.900(b) if the person who was induced or caused to engage in 11
prostitution was under 20 years of age at the time of the offense; 12
(vii) former AS 11.15.120, former 11.15.134, or assault 13
with the intent to commit rape under former AS 11.15.160, former 14
AS 11.40.110, or former 11.40.200; 15
(viii) AS 11.61.118(a)(2) if the offender has a previous 16
conviction for that offense; 17
(ix) AS 11.66.100(a)(2) if the offender is subject to 18
punishment under AS 11.66.100(e); 19
(x) AS 26.05.890 if the person engaged in sexual 20
penetration or sexual contact with the victim; 21
(xi) AS 26.05.890 if, at the time of the offense, the 22
victim is under a duty to obey the lawful orders of the offender, 23
regardless of whether the offender is in the direct chain of command 24
over the victim; 25
(xii) AS 26.05.893 if the person engaged in sexual 26
penetration or sexual contact with the victim; 27
(xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 28
victim is under 18 years of age at the time of the offense; 29
(xiv) AS 26.05.900 if, at the time of the offense, the 30
victim is under a duty to obey the lawful orders of the offender, 31 33-GH1031\A
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regardless of whether the offender is in the direct chain of command 1
over the victim; [OR] 2
(xv) AS 11.61.123 if the offender is subject to 3
punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 4
(2)]; 5
(xvi) AS 11.61.130(a)(2); or 6
(xvii) AS 11.66.110 and 11.66.120; 7
(D) an offense, or an attempt, solicitation, or conspiracy to 8
commit an offense, under AS 26.05.935(b), or a similar law of another 9
jurisdiction, if the member of the militia commits one of the following 10
enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 11
Code of Military Justice): 12
(i) child pornography; or 13
(ii) pandering and prostitution if the person who is 14
induced, enticed, caused, or procured to engage in a sexual act is under 15
20 years of age at the time of the offense; or 16
(E) an offense in which the person is required to register as a 17
sex offender under the laws of another jurisdiction; 18
* Sec. 9. AS 18.66.990(3) is amended to read: 19
(3) "domestic violence" and "crime involving domestic violence" mean 20
one or more of the following offenses or an offense under a law or ordinance of 21
another jurisdiction having elements similar to these offenses, or an attempt to commit 22
the offense, by a household member against another household member: 23
(A) a crime against the person under AS 11.41; 24
(B) burglary under AS 11.46.300 - 11.46.310; 25
(C) criminal trespass under AS 11.46.320 - 11.46.330; 26
(D) arson or criminally negligent burning under AS 11.46.400 - 27
11.46.430; 28
(E) criminal mischief under AS 11.46.475 - 11.46.486; 29
(F) terrorist threatening under AS 11.56.807 or 11.56.810; 30
(G) violating a protective order under AS 11.56.740(a)(1); 31 33-GH1031\A
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(H) harassment under AS 11.61.120(a)(2) - (4) or (6); [OR] 1
(I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 2
a pet; 3
(J) interfering with a report of a crime involving domestic 4
violence under AS 11.56.745 if the person interfering with the report is the 5
person who committed the underlying crime involving domestic violence; 6
or 7
(K) unlawful contact under AS 11.56.750 or 11.56.755; 8
* Sec. 10. AS 47.14.300(a) is amended to read: 9
(a) The department, a state or municipal agency with expertise in child abuse 10
or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 11
as an Indian tribe under 25 U.S.C. 479a (Federally Recognized Indian Tribe List Act 12
of 1994) with expertise in child abuse or neglect, in partnership with the department, 13
may facilitate the initial establishment of a multidisciplinary child protection team. 14
The purpose of a team is to assist in the evaluation and investigation of reports of child 15
abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 16
department or a law enforcement agency; to assist in the evaluation and 17
investigation of reports of sexual contact or sexual penetration, as defined in 18
AS 11.81.900, occurring between children under 13 years of age; and to provide 19
consultation and coordination for agencies involved in child-in-need-of-aid cases 20
under AS 47.10. The multidisciplinary child protection teams shall 21
(1) ensure that investigations involving child abuse or neglect are 22
coordinated and conducted by trained investigators; 23
(2) take and recommend steps to avoid duplicative interviews of 24
children; 25
(3) assist in the reduction of trauma to a child and family involved in 26
an investigation of child abuse or neglect; and 27
(4) review records, provide consultation, and make recommendations 28
to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 29
the team by a team member. 30
* Sec. 11. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 31 33-GH1031\A
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2019, is amended to read: 1
(c) The following sections apply to the duty to register as a sex offender for 2
offenses committed before, on, or after the effective date of those sections: 3
(1) AS 12.63.010(d), as amended by sec. 82 of this Act; 4
(2) AS 12.63.020, as amended by sec. 83 of this Act; 5
(3) AS 12.63.100(6), as amended by sec. 84 of this Act; 6
(4) AS 12.63.100(7), as amended by sec. 85 of this Act. 7
* Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 8
read: 9
DIRECT COURT RULE AMENDMENT. Rule 6(r), Alaska Rules of Criminal 10
Procedure, is amended to read: 11
(r) Admissibility of Evidence. 12
(1) Evidence which the prosecutor believes would be legally 13
admissible at trial shall be admissible before the grand jury. Witnesses [IN 14
APPROPRIATE CASES, HOWEVER, WITNESSES] may be presented to 15
summarize admissible evidence if the admissible evidence will be available at trial. 16
[EXCEPT AS STATED IN SUBPARAGRAPHS (2), (3), AND (6), HEARSAY 17
EVIDENCE SHALL NOT BE PRESENTED TO THE GRAND JURY ABSENT 18
COMPELLING JUSTIFICATION FOR ITS INTRODUCTION. IF HEARSAY 19
EVIDENCE IS PRESENTED TO THE GR AND JURY, THE REASONS FOR ITS 20
USE SHALL BE STATED ON THE RECORD.] 21
(2) [IN A PROSECUTION FOR AN OFFENSE UNDER 22
AS 11.41.410 - 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED 23
TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD 24
WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 25
EVIDENCE BEFORE THE GRAND JURY IF 26
(i) THE CIRCUMSTANCES OF THE STATEMENT 27
INDICATE ITS RELIABILITY; 28
(ii) THE CHILD IS UNDER 10 YEARS OF AGE 29
WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 30
ADMITTED; 31 33-GH1031\A
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(iii) ADDITIONAL EVIDENCE IS INTRODUCED 1
TO CORROBORATE THE STATEMENT; AND 2
(iv) THE CHILD TESTIFIES AT THE GRAND JURY 3
PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 4
TESTIFY AT TRIAL. 5
(3) HEARSAY EVIDENCE RELATED TO THE OFFENSE, NOT 6
OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE 7
THE GRAND JURY IF 8
(i) THE INDIVIDUAL PRESENTING THE 9
HEARSAY EVIDENCE IS A PEACE OFFICER INVOLVED IN THE 10
INVESTIGATION; AND 11
(ii) THE HEARSAY EVIDENCE CONSISTS OF THE 12
STATEMENT AND OBSERVATIONS MADE BY ANOTHER 13
PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 14
AND 15
(iii) ADDITIONAL EVIDENCE IS INTRODUCED 16
TO CORROBORATE THE STATEMENT. 17
(4)] If the testimony presented by a peace officer [UNDER 18
PARAGRAPH (3) OF THIS SECTION] is inaccurate because of intentional, grossly 19
negligent, or negligent misstatements or omissions, then the court shall dismiss an 20
indictment resulting from the testimony if the defendant shows that the inaccuracy 21
prejudices substantial rights of the defendant. 22
(3) [(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 23
WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 24
CONDUCT IS INTENDED AS AN ASSERTION. 25
(6)] When a prior conviction is an element of an offense, hearsay 26
evidence received through the Alaska Public Safety Information Network or from 27
other government agencies of prior convictions may be presented to the grand jury. 28
* Sec. 13. AS 12.40.110 is repealed. 29
* Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 30
read: 31 33-GH1031\A
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APPLICABILITY. (a) AS 11.41.260(a), as amended by sec. 2 of this Act, 1
AS 12.55.127(c), as amended by sec. 3 of this Act, and AS 18.66.990(3), as amended by sec. 2
9 of this Act, apply to offenses committed on or after the effective date of this Act. 3
(b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 4
amended by sec. 4 of this Act, AS 12.63.010(d), as amended by sec. 5 of this Act, and 5
AS 12.63.010(g) and (h), enacted by sec. 6 of this Act, applies to the duty to register as a sex 6
offender or child kidnapper for offenses committed before, on, or after the effective date of 7
this Act. 8
(c) AS 12.63.020(a), as amended by sec. 7 of this Act, applies to the tolling of the 9
duty to register as a sex offender or child kidnapper on or after the effective date of this Act 10
for determinations of noncompliance made by the Department of Public Safety on or after the 11
effective date of this Act. 12
(d) Nothing in AS 12.63.020(a), as amended by sec. 7 of this Act, may be construed 13
as invalidating a decision of the Department of Public Safety to toll the period of registration 14
or continue the period of registration under AS 12.63 before the effective date of this Act. 15
(e) AS 12.63.100(7), as amended by sec. 8 of this Act, applies to the duty to register 16
as a sex offender for offenses committed on or after the effective date of this Act. 17
(f) Rule 6(r), Alaska Rules of Criminal Procedure, as amended by sec. 12 of this Act, 18
applies to indictments occurring on or after the effective date of this Act for offenses 19
committed before, on, or after the effective date of this Act. 20
* Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 21
read: 22
CONDITIONAL EFFECT. Rule 6(r), Alaska Rules of Criminal Procedure, as 23
amended by sec. 12 of this Act, takes effect only if sec. 12 of this Act receives the two-thirds 24
majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 25
* Sec. 16. This Act takes effect July 1, 2023. 26