AK
Alaska House Bill HB67

Alaska 2023-2024 Regular Session

Alaska House Bill HB67 Compare Versions

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2-HB0067b -1- CSHB 67(JUD)
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10-CS FOR HOUSE BILL NO. 67(JUD)
10+
11+ HOUSE BILL NO. 67
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
14-THIRTY-THIRD LEGISLATURE - SECOND SESSION
15+THIRTY-THIRD LEGISLATURE - FIRST SESSION
1516
16-BY THE HOUSE JUDICIARY COMMITTEE
17+BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
1718
18-Offered: 3/6/24
19-Referred: Finance
19+Introduced: 2/8/23
20+Referred: Judiciary, Finance
2021
21-Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
26-"An Act relating to criminal law and procedure; relating to grand juries; relating to the 1
27-crime of stalking; relating to consecutive sentencing for violation of conditions of 2
28-release; relating to the duty to register as a sex offender; amending the definition of 'sex 3
29-offense'; amending the definition of 'crime involving domestic violence'; relating to 4
30-multidisciplinary child protection teams; amending Rules 5(e), 6, and 6.1, Alaska Rules 5
31-of Criminal Procedure; repealing Rules 6.1(b)(2) and (3), Alaska Rules of Criminal 6
32-Procedure; and providing for an effective date." 7
33-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 8
34- * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 9
35-to read: 10
36-LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that 11
37-safeguarding the constitution is not solely the responsibility of the courts and that every 12
38-branch of state government has a duty to uphold the constitution. When the foundational 13 33-GH1031\B
39-CSHB 67(JUD) -2- HB0067b
27+"An Act relating to criminal law and procedure; relating to the crime of stalking; 1
28+relating to consecutive sentencing for violation of conditions of release; relating to the 2
29+duty to register as a sex offender; amending the definition of 'sex offense'; amending the 3
30+definition of 'crime involving domestic violence'; relating to multidisciplinary child 4
31+protection teams; amending Rule 6(r), Alaska Rules of Criminal Procedure; and 5
32+providing for an effective date." 6
33+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7
34+ * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 8
35+to read: 9
36+LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that it is not 10
37+now, nor has it ever been, the case that a prosecutor must know conclusively that evidence 11
38+admitted at grand jury will also be admitted at trial. 12
39+(b) The legislature further finds that evidence is generally admissible at grand jury as 13 33-GH1031\A
40+HB 67 -2- HB0067a
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42-institutions outlined in the constitution are disregarded or marginalized, it is imperative for the 1
43-legislature to fortify those institutions. 2
44-(b) It is the intent of the legislature to protect the constitutional rights of citizens of 3
45-the state by empowering the grand jury to seek justice and minimize trauma to victims while 4
46-upholding due process. 5
47-(c) The legislature further finds that a grand jury's constitutional duties to return 6
48-indictments and investigate matters concerning public welfare and safety are complementary 7
49-and must be performed in a manner that protects citizens' constitutional rights. 8
50-(d) It is the intent of the legislature that Rule 6(s), Alaska Rules of Criminal 9
51-Procedure, as amended by sec. 25 of this Act, overturns the decision of the Alaska Court of 10
52-Appeals in State v. Powell, 487 P.3d 609 (Alaska App. 2021), to the extent the decision held 11
53-that hearsay evidence admissible under the hearsay exception under Rule 801(d)(3), Alaska 12
54-Rules of Evidence, is inadmissible at grand jury if certain foundational requirements cannot 13
55-be met at the time of grand jury. 14
56- * Sec. 2. AS 09.20.080 is amended by adding a new subsection to read: 15
57-(c) The jury panel for a grand jury includes not fewer than two alternate 16
58-jurors. The presiding judge shall designate the alternate jurors at the time a grand jury 17
59-is selected. 18
60- * Sec. 3. AS 09.20.090 is amended by adding a new subsection to read: 19
61-(b) When a grand jury is impaneled, the court shall provide the jury with 20
62-written instructions that include state statutes relating to grand juries. 21
63- * Sec. 4. AS 11.41.260(a) is amended to read: 22
64-(a) A person commits the crime of stalking in the first degree if the person 23
65-violates AS 11.41.270 and 24
66-(1) the actions constituting the offense are in violation of an order 25
67-issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 26
68-under former AS 25.35.010(b) or 25.35.020; 27
69-(2) the actions constituting the offense are in violation of a condition of 28
70-probation, release before trial, release after conviction, or parole; 29
71-(3) the victim is under 16 years of age; 30
72-(4) at any time during the course of conduct constituting the offense, 31 33-GH1031\B
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43+long as the prosecutor believes that the evidence will be admissible at the time of trial. 1
44+(c) It is the intent of the legislature that Criminal Rule 6(r), as amended by sec. 12 of 2
45+this Act, overturns the decision of the Alaska Court of Appeals in State v. Powell, 487 P.3d 3
46+609 (Alaska App. 2021), to the extent the decision held that hearsay evidence admissible 4
47+under the hearsay exception under Alaska Rule of Evidence 801(d)(3) is inadmissible at grand 5
48+jury if certain foundational requirements cannot be met at the time of grand jury. 6
49+ * Sec. 2. AS 11.41.260(a) is amended to read: 7
50+(a) A person commits the crime of stalking in the first degree if the person 8
51+violates AS 11.41.270 and 9
52+(1) the actions constituting the offense are in violation of an order 10
53+issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 11
54+under former AS 25.35.010(b) or 25.35.020; 12
55+(2) the actions constituting the offense are in violation of a condition of 13
56+probation, release before trial, release after conviction, or parole; 14
57+(3) the victim is under 16 years of age; 15
58+(4) at any time during the course of conduct constituting the offense, 16
59+the defendant possessed a deadly weapon; 17
60+(5) the defendant has been previously convicted of a crime under this 18
61+section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 19
62+jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 20
63+AS 11.56.740; or 21
64+(6) the defendant has been previously convicted of a crime, or an 22
65+attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 23
66+11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 24
67+law or an ordinance of this or another jurisdiction with elements similar to a crime, or 25
68+an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 26
69+11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 27
70+involving the same victim as the present offense. 28
71+ * Sec. 3. AS 12.55.127(c) is amended to read: 29
72+(c) If the defendant is being sentenced for 30
73+(1) escape, the term of imprisonment shall be consecutive to the term 31 33-GH1031\A
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76-the defendant possessed a deadly weapon; 1
77-(5) the defendant has been previously convicted of a crime under this 2
78-section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 3
79-jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 4
80-AS 11.56.740; or 5
81-(6) the defendant has been previously convicted of a crime, or an 6
82-attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 7
83-11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 8
84-law or an ordinance of this or another jurisdiction with elements similar to a crime, or 9
85-an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 10
86-11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 11
87-involving the same victim as the present offense. 12
88- * Sec. 5. AS 12.40.030 is amended to read: 13
89-Sec. 12.40.030. Duty of inquiry into crimes and general powers. The grand 14
90-jury shall inquire into all crimes committed or triable within the jurisdiction of the 15
91-court and present them to the court. The grand jury shall have the power to initiate 16
92-investigations, investigate, issue indictments consistent with AS 12.40.170, and 17
93-make recommendations concerning the public welfare or safety. The power of grand 18
94-juries to investigate and make recommendations concerning the public welfare or 19
95-safety may not be limited or suspended. 20
96- * Sec. 6. AS 12.40.030 is amended by adding new subsections to read: 21
97-(b) An individual grand juror may propose that the grand jury investigate a 22
98-matter concerning the public welfare or safety. If, after a reasonable time for 23
99-consideration, as established by a majority of the grand jury members, the grand jury 24
100-determines that the matter should be investigated, the grand jury shall initiate an 25
101-investigation. 26
102-(c) For purposes of this section, a matter that concerns a private cause of 27
103-action, or a matter that could be the basis of a civil claim, does not qualify as a matter 28
104-concerning the public welfare or safety. 29
105- * Sec. 7. AS 12.40.040 is amended to read: 30
106-Sec. 12.40.040. Juror to disclose knowledge of crime. If an individual grand 31 33-GH1031\B
107-CSHB 67(JUD) -4- HB0067b
77+for the underlying crime; 1
78+(2) two or more crimes under AS 11.41, a consecutive term of 2
79+imprisonment shall be imposed for at least 3
80+(A) the mandatory minimum term under AS 12.55.125(a) for 4
81+each additional crime that is murder in the first degree; 5
82+(B) the mandatory minimum term for each additional crime 6
83+that is an unclassified felony governed by AS 12.55.125(b); 7
84+(C) the presumptive term specified in AS 12.55.125(c) or the 8
85+active term of imprisonment, whichever is less, for each additional crime that 9
86+is 10
87+(i) manslaughter; or 11
88+(ii) kidnapping that is a class A felony; 12
89+(D) two years or the active term of imprisonment, whichever is 13
90+less, for each additional crime that is criminally negligent homicide; 14
91+(E) one-fourth of the presumptive term under AS 12.55.125(c) 15
92+or (i) for each additional crime that is sexual assault in the first degree under 16
93+AS 11.41.410 or sexual abuse of a minor in the first degree under 17
94+AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 18
95+offenses; and 19
96+(F) some additional term of imprisonment for each additional 20
97+crime, or each additional attempt or solicitation to commit the offense, under 21
98+AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 22
99+11.41.500 - 11.41.520; 23
100+(3) two or more crimes of violation of condition of release under 24
101+AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 25
102+additional term of imprisonment for the underlying crime and each additional 26
103+crime under AS 11.56.757. 27
104+ * Sec. 4. AS 12.63.010(b) is amended to read: 28
105+(b) A sex offender or child kidnapper required to register under (a) of this 29
106+section shall register with the Department of Corrections if the sex offender or child 30
107+kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 31 33-GH1031\A
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110-juror knows or has reason to believe that a crime has been committed that is triable by 1
111-the court, the juror shall disclose it to 2
112-(1) the other jurors, who shall investigate it; and 3
113-(2) the prosecuting attorney or presiding judge. 4
114- * Sec. 8. AS 12.40.050 is amended to read: 5
115-Sec. 12.40.050. Holding to answer as affecting indictment or presentment. 6
116-The grand jury may indict or present a person for a crime upon sufficient evidence, 7
117-whether that person has been held to answer for the crime or not. The grand jury 8
118-may direct the prosecutor to prepare an indictment. 9
119- * Sec. 9. AS 12.40.070 is amended to read: 10
120-Sec. 12.40.070. Duty of prosecuting attorney. The prosecuting attorney 11
121-(1) shall submit an indictment to the grand jury and cause the evidence 12
122-in support of the indictment to be brought before them in every case when a person is 13
123-held to answer a criminal charge in the court where the jury is formed; 14
124-(2) may submit an indictment in any case when the prosecuting 15
125-attorney has good reason to believe a crime has been committed that is triable by the 16
126-court; [AND] 17
127-(3) shall, when required by the grand jury, prepare indictments or 18
128-presentments for them or a replacement grand jury and attend their sittings to advise 19
129-them in relation to their duties or to examine witnesses in their presence; and 20
130-(4) make arrangements for a citizen to speak with a grand jury as 21
131-provided under AS 12.40.140. 22
132- * Sec. 10. AS 12.40.090 is amended by adding a new subsection to read: 23
133-(b) Violation of (a) of this section is a class A misdemeanor. 24
134- * Sec. 11. AS 12.40.100 is amended by adding a new subsection to read: 25
135-(d) Only evidence that could be admissible at trial may be included in an 26
136-indictment. 27
137- * Sec. 12. AS 12.40.110 is repealed and reenacted to read: 28
138-Sec. 12.40.110. Hearsay evidence. (a) All evidence or information may be 29
139-presented to the grand jury. A witness may be presented to summarize admissible 30
140-evidence if the admissible evidence will be available at trial. 31 33-GH1031\B
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111+police department located nearest to where the sex offender or child kidnapper resides 1
112+at the time of registration. To fulfill the registration requirement, the sex offender or 2
113+child kidnapper shall 3
114+(1) complete a registration form that includes the following 4
115+information, if applicable: [, AT A MINIMUM,] 5
116+(A) the sex offender's or child kidnapper's full name, mailing 6
117+and physical address, school address, telephone numbers used by the sex 7
118+offender or child kidnapper, social security number, passport 8
119+information, citizenship status, physical address of employment, name of 9
120+employer [PLACE OF EMPLOYMENT], job title, and date of birth; 10
121+(B) each conviction for a sex offense or child kidnapping for 11
122+which the duty to register has not terminated under AS 12.63.020, the date of 12
123+the sex offense or child kidnapping convictions, the place and court of the sex 13
124+offense or child kidnapping convictions, and whether the sex offender or child 14
125+kidnapper has been unconditionally discharged from the conviction for a sex 15
126+offense or child kidnapping and the date of the unconditional discharge; if the 16
127+sex offender or child kidnapper asserts that the offender or kidnapper has been 17
128+unconditionally discharged, the offender or kidnapper shall supply proof of 18
129+that discharge acceptable to the department; 19
130+(C) all aliases used; 20
131+(D) the sex offender's or child kidnapper's driver's license 21
132+number; 22
133+(E) the description, license numbers, and vehicle identification 23
134+numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 24
135+recreational vehicles, the sex offender or child kidnapper has access to, 25
136+regardless of whether that access is regular or not; 26
137+(F) any identifying features of the sex offender or child 27
138+kidnapper; 28
139+(G) anticipated changes of address and any temporary 29
140+lodging used by the sex offender or child kidnapper; 30
141+(H) a statement concerning whether the offender or kidnapper 31 33-GH1031\A
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144-(b) The prosecuting attorney shall, before indictment, inform the grand jury if 1
145-information presented to the grand jury may be considered hearsay or determined 2
146-inadmissible at trial by the court. 3
147-(c) Information that would be inadmissible at trial may be included in a report 4
148-by the grand jury. 5
149- * Sec. 13. AS 12.40 is amended by adding new sections to read: 6
150-Sec. 12.40.120. Obstructing a grand jury. (a) A person commits the crime of 7
151-obstructing a grand jury if the person intentionally fails to give or directs, orders, 8
152-threatens, restrains, coerces, forces, or prevents another person from giving full 9
153-cooperation to the grand jury in assembling or furnishing requested information to the 10
154-grand jury. 11
155-(b) It is not a violation of (a) of this section if a prosecutor or judicial officer 12
156-(1) informs a grand jury of its ability to refer matters to an 13
157-ombudsman; 14
158-(2) explains potential consequences of a grand jury investigation, 15
159-including a grand jury investigation's interference with an investigation by law 16
160-enforcement; 17
161-(3) advises a grand jury of the time commitment that may be required 18
162-to investigate a matter brought before it; 19
163-(4) gives instructions or explains procedure to the grand jury for 20
164-another reason before or during an investigation. 21
165-(c) Obstructing a grand jury is a class A misdemeanor. 22
166-Sec. 12.40.130. Prosecutorial misconduct. If a grand jury investigation 23
167-concerns possible prosecutorial misconduct or misconduct on the part of an employee 24
168-or agent of the Department of Law so that having a prosecuting attorney or the 25
169-Department of Law proceed with an investigation would create an appearance of 26
170-impropriety or conflict, the prosecuting attorney shall immediately advise the attorney 27
171-general. The attorney general shall appoint a neutral attorney to assist the grand jury in 28
172-its investigation and the preparation of its report. 29
173-Sec. 12.40.140. Citizen investigation requests. If a citizen who is not serving 30
174-on a grand jury believes a matter of public welfare or safety should be investigated by 31 33-GH1031\B
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145+has had treatment for a mental abnormality or personality disorder since the 1
146+date of conviction for an offense requiring registration under this chapter; 2
147+[AND] 3
148+(I) each electronic mail address, instant messaging address, and 4
149+other Internet communication identifier used by the sex offender or child 5
150+kidnapper; and 6
151+(J) professional licensing information; 7
152+(2) allow the Alaska state troopers, Department of Corrections, [OR] 8
153+municipal police, or any peace officer to take a complete set of the sex offender's or 9
154+child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 10
155+kidnapper's photograph. 11
156+ * Sec. 5. AS 12.63.010(d) is amended to read: 12
157+(d) A sex offender or child kidnapper required to register 13
158+(1) for 15 years under (a) of this section and AS 12.63.020 shall, 14
159+annually, during the term of a duty to register under AS 12.63.020, on a date set by the 15
160+department at the time of the sex offender's or child kidnapper's initial registration, 16
161+provide written verification to the department, in the manner required by the 17
162+department, of the information provided under (b)(1) of this section [SEX 18
163+OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 19
164+the information previously provided under (b)(1) of this section; 20
165+(2) for life under (a) of this section and AS 12.63.020 shall, not less 21
166+than quarterly, on a date set by the department, provide written verification to the 22
167+department, in the manner required by the department, of the information provided 23
168+under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 24
169+ADDRESS] and notice of any changes to the information previously provided under 25
170+(b)(1) of this section. 26
171+ * Sec. 6. AS 12.63.010 is amended by adding new subsections to read: 27
172+(g) If a sex offender or child kidnapper plans to leave the state after having 28
173+registered under (a) of this section, the sex offender or child kidnapper shall appear in 29
174+person and provide written notice to the department or a municipal police department 30
175+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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178-a grand jury, the citizen may speak with a prosecuting attorney. The prosecuting 1
179-attorney shall make arrangements for the citizen to speak with the grand jury under 2
180-AS 12.40.070. A majority of grand jury members shall determine whether an 3
181-investigation into the citizen's concern is warranted. 4
182-Sec. 12.40.150. Reports. A grand jury shall make a report only upon the 5
183-concurrence of a majority of the total number of grand jurors on the grand jury. A 6
184-foreperson shall sign the grand jury report. A grand jury report may include 7
185-allegations of criminal conduct. 8
186-Sec. 12.40.160. Subpoena power. While conducting an investigation and 9
187-preparing a report concerning a matter of public welfare or safety, a grand jury may, 10
188-upon approval of a majority of the grand jurors, issue a subpoena to compel testimony 11
189-from witnesses or to compel the production of documents. A subpoena may be issued 12
190-only after due consideration by the grand jury of the reasonableness of the proposed 13
191-subpoena and the necessity of the anticipated testimony or documents. 14
192-Sec. 12.40.170. Due Process. If, while conducting an investigation, a grand 15
193-jury requests or receives information that may be considered prejudicial or 16
194-inadmissible in court, the prosecuting attorney shall inform the grand jury of the 17
195-ramifications and emphasize that inclusion of the information may jeopardize the 18
196-validity of an indictment issued by the grand jury. If the grand jury proceeds with the 19
197-investigation despite the inclusion of prejudicial or inadmissible evidence, the grand 20
198-jury may request that any indictment based on that investigation be transferred to 21
199-another grand jury. The grand jury has a right to continue the investigation and 22
200-produce a grand jury report containing recommendations related to matters of public 23
201-welfare or safety. 24
202-Sec. 12.40.180. Replacement grand jury. If a grand jury requests that an 25
203-indictment be brought before another grand jury under AS 12.40.170, a new grand 26
204-jury shall be convened to pursue the indictment and the court may extend the time 27
205-limit for preliminary examination to 20 days. 28
206-Sec. 12.40.190. Peace officer testimony. If the testimony presented by a peace 29
207-officer to a grand jury is inaccurate because of intentional or negligent misstatements 30
208-or omissions and the defendant shows that the inaccuracy prejudices substantial rights
209-31 33-GH1031\B
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179+state. If a sex offender or child kidnapper plans to leave the state for international 1
180+travel after having registered under (a) of this section, the sex offender or child 2
181+kidnapper shall appear in person and provide written notice to the department or a 3
182+municipal police department in the state of the plan for any intended travel outside the 4
183+United States at least 21 days before leaving the state for international travel. 5
184+(h) If a sex offender or child kidnapper is away from the address provided to 6
185+the department under (b)(1)(A) of this section for seven days or more, the sex offender 7
186+or child kidnapper shall notify the department in writing of the address being used by 8
187+the sex offender or child kidnapper while away from the residence provided under 9
188+(b)(1)(A) of this section. 10
189+ * Sec. 7. AS 12.63.020(a) is amended to read: 11
190+(a) The duty of a sex offender or child kidnapper to comply with the 12
191+requirements of AS 12.63.010 is as follows: 13
192+(1) for a sex offender or child kidnapper, as that term is defined in 14
193+AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 15
194+(A) continues for the lifetime of a sex offender or child 16
195+kidnapper convicted of 17
196+(i) one aggravated sex offense; or 18
197+(ii) two or more sex offenses, two or more child 19
198+kidnappings, or one sex offense and one child kidnapping; for purposes 20
199+of this section, a person convicted of indecent exposure before a person 21
200+under 16 years of age under AS 11.41.460 more than two times has 22
201+been convicted of two or more sex offenses; 23
202+(B) ends 15 years following the sex offender's or child 24
203+kidnapper's unconditional discharge from a conviction for a single sex offense 25
204+that is not an aggravated sex offense or for a single child kidnapping if the sex 26
205+offender or child kidnapper has supplied proof that is acceptable to the 27
206+department of the unconditional discharge; the registration period under this 28
207+subparagraph 29
208+(i) is tolled for the period [EACH YEAR] that a sex 30
209+offender or child kidnapper fails to comply with the requirements of 31 33-GH1031\A
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213-of the defendant, the court shall dismiss an indictment resulting from the testimony. 1
214- * Sec. 14. AS 12.45.045(a) is amended to read: 2
215-(a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse 3
216-of a minor in any degree, unlawful exploitation of a minor, sex trafficking in any 4
217-degree, or an attempt to commit any of these crimes, evidence of the sexual conduct 5
218-of the complaining witness, occurring either before or after the offense charged, may 6
219-not be admitted nor may reference be made to it in the presence of the jury except as 7
220-provided in this section. When the defendant seeks to admit the evidence for any 8
221-purpose, the defendant shall apply for an order of the court not later than five days 9
222-before trial or at a later time as the court may, for good cause, permit. The defendant 10
223-may, for good cause shown, apply for an order during trial if the request is based on 11
224-information learned after the deadline or during the trial. After the application is made, 12
225-the court shall conduct a hearing in camera to determine the admissibility of the 13
226-evidence. If the court finds that evidence offered by the defendant regarding the sexual 14
227-conduct of the complaining witness is relevant, and that the probative value of the 15
228-evidence offered is not outweighed by the probability that its admission will create 16
229-undue prejudice, confusion of the issues, or unwarranted invasion of the privacy of the 17
230-complaining witness, the court shall make an order stating what evidence may be 18
231-introduced and the nature of the questions that may be permitted. The defendant may 19
232-then offer evidence under the order of the court. 20
233- * Sec. 15. AS 12.55.127(c) is amended to read: 21
234-(c) If the defendant is being sentenced for 22
235-(1) escape, the term of imprisonment shall be consecutive to the term 23
236-for the underlying crime; 24
237-(2) two or more crimes under AS 11.41, a consecutive term of 25
238-imprisonment shall be imposed for at least 26
239-(A) the mandatory minimum term under AS 12.55.125(a) for 27
240-each additional crime that is murder in the first degree; 28
241-(B) the mandatory minimum term for each additional crime 29
242-that is an unclassified felony governed by AS 12.55.125(b); 30
243-(C) the presumptive term specified in AS 12.55.125(c) or the 31 33-GH1031\B
244-CSHB 67(JUD) -8- HB0067b
213+this chapter or is incarcerated for the offense or kidnapping for which 1
214+the offender or kidnapper is required to register or for any other 2
215+offense; 3
216+(ii) may include the time a sex offender or child 4
217+kidnapper was absent from this state if the sex offender or child 5
218+kidnapper has complied with any sex offender or child kidnapper 6
219+registration requirements of the jurisdiction in which the offender or 7
220+kidnapper was located and if the sex offender or child kidnapper 8
221+provides the department with proof of the compliance while the sex 9
222+offender or child kidnapper was absent from this state; and 10
223+(iii) continues for a sex offender or child kidnapper who 11
224+has not supplied proof acceptable to the department of the offender's or 12
225+kidnapper's unconditional discharge for the sex offense or child 13
226+kidnapping requiring registration; 14
227+(2) for a sex offender or child kidnapper, as that term is defined in 15
228+AS 12.63.100(6)(B), the duty continues for the period determined by the department 16
229+under (b) of this section. 17
230+ * Sec. 8. AS 12.63.100(7) is amended to read: 18
231+(7) "sex offense" means 19
232+(A) a crime under AS 11.41.100(a)(3), or a similar law of 20
233+another jurisdiction, in which the person committed or attempted to commit a 21
234+sexual offense, or a similar offense under the laws of the other jurisdiction; in 22
235+this subparagraph, "sexual offense" has the meaning given in 23
236+AS 11.41.100(a)(3); 24
237+(B) a crime under AS 11.41.110(a)(3), or a similar law of 25
238+another jurisdiction, in which the person committed or attempted to commit 26
239+one of the following crimes, or a similar law of another jurisdiction: 27
240+(i) sexual assault in the first degree; 28
241+(ii) sexual assault in the second degree; 29
242+(iii) sexual abuse of a minor in the first degree; or 30
243+(iv) sexual abuse of a minor in the second degree; 31 33-GH1031\A
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245245 New Text Underlined [DELETED TEXT BRACKETED]
246246
247-active term of imprisonment, whichever is less, for each additional crime that 1
248-is 2
249-(i) manslaughter; or 3
250-(ii) kidnapping that is a class A felony; 4
251-(D) two years or the active term of imprisonment, whichever is 5
252-less, for each additional crime that is criminally negligent homicide; 6
253-(E) one-fourth of the presumptive term under AS 12.55.125(c) 7
254-or (i) for each additional crime that is sexual assault in the first degree under 8
255-AS 11.41.410 or sexual abuse of a minor in the first degree under 9
256-AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 10
257-offenses; and 11
258-(F) some additional term of imprisonment for each additional 12
259-crime, or each additional attempt or solicitation to commit the offense, under 13
260-AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 14
261-11.41.500 - 11.41.520; 15
262-(3) two or more crimes of violation of condition of release under 16
263-AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 17
264-additional term of imprisonment for the underlying crime and each additional 18
265-crime under AS 11.56.757. 19
266- * Sec. 16. AS 12.63.010(b) is amended to read: 20
267-(b) A sex offender or child kidnapper required to register under (a) of this 21
268-section shall register with the Department of Corrections if the sex offender or child 22
269-kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 23
270-police department located nearest to where the sex offender or child kidnapper resides 24
271-at the time of registration. To fulfill the registration requirement, the sex offender or 25
272-child kidnapper shall 26
273-(1) complete a registration form that includes the following 27
274-information, if applicable: [, AT A MINIMUM,] 28
275-(A) the sex offender's or child kidnapper's full name, mailing 29
276-and physical addresses, school address, telephone numbers used by the sex 30
277-offender or child kidnapper, social security number, passport 31 33-GH1031\B
278-HB0067b -9- CSHB 67(JUD)
247+(C) a crime, or an attempt, solicitation, or conspiracy to commit 1
248+a crime, under the following statutes or a similar law of another jurisdiction: 2
249+(i) AS 11.41.410 - 11.41.438; 3
250+(ii) AS 11.41.440(a)(2); 4
251+(iii) AS 11.41.450 - 11.41.458; 5
252+(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 6
253+exposure is before a person under 16 years of age and the offender has 7
254+previously been convicted under AS 11.41.460 or AS 26.05.900(c); 8
255+(v) AS 11.61.125 - 11.61.128; 9
256+(vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 10
257+AS 26.05.900(b) if the person who was induced or caused to engage in 11
258+prostitution was under 20 years of age at the time of the offense; 12
259+(vii) former AS 11.15.120, former 11.15.134, or assault 13
260+with the intent to commit rape under former AS 11.15.160, former 14
261+AS 11.40.110, or former 11.40.200; 15
262+(viii) AS 11.61.118(a)(2) if the offender has a previous 16
263+conviction for that offense; 17
264+(ix) AS 11.66.100(a)(2) if the offender is subject to 18
265+punishment under AS 11.66.100(e); 19
266+(x) AS 26.05.890 if the person engaged in sexual 20
267+penetration or sexual contact with the victim; 21
268+(xi) AS 26.05.890 if, at the time of the offense, the 22
269+victim is under a duty to obey the lawful orders of the offender, 23
270+regardless of whether the offender is in the direct chain of command 24
271+over the victim; 25
272+(xii) AS 26.05.893 if the person engaged in sexual 26
273+penetration or sexual contact with the victim; 27
274+(xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 28
275+victim is under 18 years of age at the time of the offense; 29
276+(xiv) AS 26.05.900 if, at the time of the offense, the 30
277+victim is under a duty to obey the lawful orders of the offender, 31 33-GH1031\A
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280280
281-information, citizenship status, physical address of employment, name of 1
282-employer, job title [PLACE OF EMPLOYMENT], and date of birth; 2
283-(B) each conviction for a sex offense or child kidnapping for 3
284-which the duty to register has not terminated under AS 12.63.020, the date of 4
285-the sex offense or child kidnapping convictions, the place and court of the sex 5
286-offense or child kidnapping convictions, and whether the sex offender or child 6
287-kidnapper has been unconditionally discharged from the conviction for a sex 7
288-offense or child kidnapping and the date of the unconditional discharge; if the 8
289-sex offender or child kidnapper asserts that the offender or kidnapper has been 9
290-unconditionally discharged, the offender or kidnapper shall supply proof of 10
291-that discharge acceptable to the department; 11
292-(C) all aliases used; 12
293-(D) the sex offender's or child kidnapper's driver's license 13
294-number; 14
295-(E) the description, license numbers, and vehicle identification 15
296-numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 16
297-recreational vehicles, the sex offender or child kidnapper has access to, 17
298-regardless of whether that access is regular or not; 18
299-(F) any identifying features of the sex offender or child 19
300-kidnapper; 20
301-(G) anticipated changes of address and any temporary 21
302-lodging used by the sex offender or child kidnapper; 22
303-(H) a statement concerning whether the offender or kidnapper 23
304-has had treatment for a mental abnormality or personality disorder since the 24
305-date of conviction for an offense requiring registration under this chapter; 25
306-[AND] 26
307-(I) each electronic mail address, instant messaging address, and 27
308-other Internet communication identifier used by the sex offender or child 28
309-kidnapper; and 29
310-(J) professional licensing information; 30
311-(2) allow the Alaska state troopers, Department of Corrections, [OR] 31 33-GH1031\B
312-CSHB 67(JUD) -10- HB0067b
281+regardless of whether the offender is in the direct chain of command 1
282+over the victim; [OR] 2
283+(xv) AS 11.61.123 if the offender is subject to 3
284+punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 4
285+(2)]; 5
286+(xvi) AS 11.61.130(a)(2); or 6
287+(xvii) AS 11.66.110 and 11.66.120; 7
288+(D) an offense, or an attempt, solicitation, or conspiracy to 8
289+commit an offense, under AS 26.05.935(b), or a similar law of another 9
290+jurisdiction, if the member of the militia commits one of the following 10
291+enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 11
292+Code of Military Justice): 12
293+(i) child pornography; or 13
294+(ii) pandering and prostitution if the person who is 14
295+induced, enticed, caused, or procured to engage in a sexual act is under 15
296+20 years of age at the time of the offense; or 16
297+(E) an offense in which the person is required to register as a 17
298+sex offender under the laws of another jurisdiction; 18
299+ * Sec. 9. AS 18.66.990(3) is amended to read: 19
300+(3) "domestic violence" and "crime involving domestic violence" mean 20
301+one or more of the following offenses or an offense under a law or ordinance of 21
302+another jurisdiction having elements similar to these offenses, or an attempt to commit 22
303+the offense, by a household member against another household member: 23
304+(A) a crime against the person under AS 11.41; 24
305+(B) burglary under AS 11.46.300 - 11.46.310; 25
306+(C) criminal trespass under AS 11.46.320 - 11.46.330; 26
307+(D) arson or criminally negligent burning under AS 11.46.400 - 27
308+11.46.430; 28
309+(E) criminal mischief under AS 11.46.475 - 11.46.486; 29
310+(F) terrorist threatening under AS 11.56.807 or 11.56.810; 30
311+(G) violating a protective order under AS 11.56.740(a)(1); 31 33-GH1031\A
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314314
315-municipal police, or any peace officer to take a complete set of the sex offender's or 1
316-child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 2
317-kidnapper's photograph. 3
318- * Sec. 17. AS 12.63.010(d) is amended to read: 4
319-(d) A sex offender or child kidnapper required to register 5
320-(1) for 15 years under (a) of this section and AS 12.63.020 shall, 6
321-annually, during the term of a duty to register under AS 12.63.020, on a date set by the 7
322-department at the time of the sex offender's or child kidnapper's initial registration, 8
323-provide written verification to the department, in the manner required by the 9
324-department, of the information provided under (b)(1) of this section [SEX 10
325-OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 11
326-the information previously provided under (b)(1) of this section; 12
327-(2) for life under (a) of this section and AS 12.63.020 shall, not less 13
328-than quarterly, on a date set by the department, provide written verification to the 14
329-department, in the manner required by the department, of the information provided 15
330-under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 16
331-ADDRESS] and notice of any changes to the information previously provided under 17
332-(b)(1) of this section. 18
333- * Sec. 18. AS 12.63.010 is amended by adding new subsections to read: 19
334-(g) If a sex offender or child kidnapper plans to leave the state after having 20
335-registered under (a) of this section, the sex offender or child kidnapper shall appear in 21
336-person at and provide to the department or a municipal police department in the state 22
337-written notice of the plan to leave the state at least seven calendar days before leaving 23
338-the state. If a sex offender or child kidnapper plans to leave the state for international 24
339-travel after having registered under (a) of this section, the sex offender or child 25
340-kidnapper shall appear in person at and provide to the department or a municipal 26
341-police department in the state written notice of the plan for any intended travel outside 27
342-the United States at least 21 days before leaving the state for international travel. 28
343-(h) If a sex offender or child kidnapper is away from the physical address 29
344-provided to the department under (b)(1)(A) of this section for a period of seven days 30
345-or more, the sex offender or child kidnapper shall notify the department in writing of 31 33-GH1031\B
346-HB0067b -11- CSHB 67(JUD)
315+(H) harassment under AS 11.61.120(a)(2) - (4) or (6); [OR] 1
316+(I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 2
317+a pet; 3
318+(J) interfering with a report of a crime involving domestic 4
319+violence under AS 11.56.745 if the person interfering with the report is the 5
320+person who committed the underlying crime involving domestic violence; 6
321+or 7
322+(K) unlawful contact under AS 11.56.750 or 11.56.755; 8
323+ * Sec. 10. AS 47.14.300(a) is amended to read: 9
324+(a) The department, a state or municipal agency with expertise in child abuse 10
325+or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 11
326+as an Indian tribe under 25 U.S.C. 479a (Federally Recognized Indian Tribe List Act 12
327+of 1994) with expertise in child abuse or neglect, in partnership with the department, 13
328+may facilitate the initial establishment of a multidisciplinary child protection team. 14
329+The purpose of a team is to assist in the evaluation and investigation of reports of child 15
330+abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 16
331+department or a law enforcement agency; to assist in the evaluation and 17
332+investigation of reports of sexual contact or sexual penetration, as defined in 18
333+AS 11.81.900, occurring between children under 13 years of age; and to provide 19
334+consultation and coordination for agencies involved in child-in-need-of-aid cases 20
335+under AS 47.10. The multidisciplinary child protection teams shall 21
336+(1) ensure that investigations involving child abuse or neglect are 22
337+coordinated and conducted by trained investigators; 23
338+(2) take and recommend steps to avoid duplicative interviews of 24
339+children; 25
340+(3) assist in the reduction of trauma to a child and family involved in 26
341+an investigation of child abuse or neglect; and 27
342+(4) review records, provide consultation, and make recommendations 28
343+to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 29
344+the team by a team member. 30
345+ * Sec. 11. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 31 33-GH1031\A
346+HB0067a -11- HB 67
347347 New Text Underlined [DELETED TEXT BRACKETED]
348348
349-the address being used by the sex offender or child kidnapper while away from the 1
350-residence provided under (b)(1)(A) of this section. 2
351- * Sec. 19. AS 12.63.020(a) is amended to read: 3
352-(a) The duty of a sex offender or child kidnapper to comply with the 4
353-requirements of AS 12.63.010 is as follows: 5
354-(1) for a sex offender or child kidnapper, as that term is defined in 6
355-AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 7
356-(A) continues for the lifetime of a sex offender or child 8
357-kidnapper convicted of 9
358-(i) one aggravated sex offense; or 10
359-(ii) two or more sex offenses, two or more child 11
360-kidnappings, or one sex offense and one child kidnapping; for purposes 12
361-of this section, a person convicted of indecent exposure before a person 13
362-under 16 years of age under AS 11.41.460 more than two times has 14
363-been convicted of two or more sex offenses; 15
364-(B) ends 15 years following the sex offender's or child 16
365-kidnapper's unconditional discharge from a conviction for a single sex offense 17
366-that is not an aggravated sex offense or for a single child kidnapping if the sex 18
367-offender or child kidnapper has supplied proof that is acceptable to the 19
368-department of the unconditional discharge; the registration period under this 20
369-subparagraph 21
370-(i) is tolled for the period [EACH YEAR] that a sex 22
371-offender or child kidnapper fails to comply with the requirements of 23
372-this chapter or is incarcerated for the offense or kidnapping for which 24
373-the offender or kidnapper is required to register or for any other 25
374-offense; 26
375-(ii) may include the time a sex offender or child 27
376-kidnapper was absent from this state if the sex offender or child 28
377-kidnapper has complied with any sex offender or child kidnapper 29
378-registration requirements of the jurisdiction in which the offender or 30
379-kidnapper was located and if the sex offender or child kidnapper 31 33-GH1031\B
380-CSHB 67(JUD) -12- HB0067b
349+2019, is amended to read: 1
350+(c) The following sections apply to the duty to register as a sex offender for 2
351+offenses committed before, on, or after the effective date of those sections: 3
352+(1) AS 12.63.010(d), as amended by sec. 82 of this Act; 4
353+(2) AS 12.63.020, as amended by sec. 83 of this Act; 5
354+(3) AS 12.63.100(6), as amended by sec. 84 of this Act; 6
355+(4) AS 12.63.100(7), as amended by sec. 85 of this Act. 7
356+ * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 8
357+read: 9
358+DIRECT COURT RULE AMENDMENT. Rule 6(r), Alaska Rules of Criminal 10
359+Procedure, is amended to read: 11
360+(r) Admissibility of Evidence. 12
361+(1) Evidence which the prosecutor believes would be legally 13
362+admissible at trial shall be admissible before the grand jury. Witnesses [IN 14
363+APPROPRIATE CASES, HOWEVER, WITNESSES] may be presented to 15
364+summarize admissible evidence if the admissible evidence will be available at trial. 16
365+[EXCEPT AS STATED IN SUBPARAGRAPHS (2), (3), AND (6), HEARSAY 17
366+EVIDENCE SHALL NOT BE PRESENTED TO THE GRAND JURY ABSENT 18
367+COMPELLING JUSTIFICATION FOR ITS INTRODUCTION. IF HEARSAY 19
368+EVIDENCE IS PRESENTED TO THE GR AND JURY, THE REASONS FOR ITS 20
369+USE SHALL BE STATED ON THE RECORD.] 21
370+(2) [IN A PROSECUTION FOR AN OFFENSE UNDER 22
371+AS 11.41.410 - 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED 23
372+TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD 24
373+WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 25
374+EVIDENCE BEFORE THE GRAND JURY IF 26
375+(i) THE CIRCUMSTANCES OF THE STATEMENT 27
376+INDICATE ITS RELIABILITY; 28
377+(ii) THE CHILD IS UNDER 10 YEARS OF AGE 29
378+WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 30
379+ADMITTED; 31 33-GH1031\A
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382382
383-provides the department with proof of the compliance while the sex 1
384-offender or child kidnapper was absent from this state; and 2
385-(iii) continues for a sex offender or child kidnapper who 3
386-has not supplied proof acceptable to the department of the offender's or 4
387-kidnapper's unconditional discharge for the sex offense or child 5
388-kidnapping requiring registration; 6
389-(2) for a sex offender or child kidnapper, as that term is defined in 7
390-AS 12.63.100(6)(B), the duty continues for the period determined by the department 8
391-under (b) of this section. 9
392- * Sec. 20. AS 12.63.100(7) is amended to read: 10
393-(7) "sex offense" means 11
394-(A) a crime under AS 11.41.100(a)(3), or a similar law of 12
395-another jurisdiction, in which the person committed or attempted to commit a 13
396-sexual offense, or a similar offense under the laws of the other jurisdiction; in 14
397-this subparagraph, "sexual offense" has the meaning given in 15
398-AS 11.41.100(a)(3); 16
399-(B) a crime under AS 11.41.110(a)(3), or a similar law of 17
400-another jurisdiction, in which the person committed or attempted to commit 18
401-one of the following crimes, or a similar law of another jurisdiction: 19
402-(i) sexual assault in the first degree; 20
403-(ii) sexual assault in the second degree; 21
404-(iii) sexual abuse of a minor in the first degree; or 22
405-(iv) sexual abuse of a minor in the second degree; 23
406-(C) a crime, or an attempt, solicitation, or conspiracy to commit 24
407-a crime, under the following statutes or a similar law of another jurisdiction: 25
408-(i) AS 11.41.410 - 11.41.438; 26
409-(ii) AS 11.41.440(a)(2); 27
410-(iii) AS 11.41.450 - 11.41.458; 28
411-(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 29
412-exposure is before a person under 16 years of age and the offender has 30
413-previously been convicted under AS 11.41.460 or AS 26.05.900(c); 31 33-GH1031\B
414-HB0067b -13- CSHB 67(JUD)
383+(iii) ADDITIONAL EVIDENCE IS INTRODUCED 1
384+TO CORROBORATE THE STATEMENT; AND 2
385+(iv) THE CHILD TESTIFIES AT THE GRAND JURY 3
386+PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 4
387+TESTIFY AT TRIAL. 5
388+(3) HEARSAY EVIDENCE RELATED TO THE OFFENSE, NOT 6
389+OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE 7
390+THE GRAND JURY IF 8
391+(i) THE INDIVIDUAL PRESENTING THE 9
392+HEARSAY EVIDENCE IS A PEACE OFFICER INVOLVED IN THE 10
393+INVESTIGATION; AND 11
394+(ii) THE HEARSAY EVIDENCE CONSISTS OF THE 12
395+STATEMENT AND OBSERVATIONS MADE BY ANOTHER 13
396+PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 14
397+AND 15
398+(iii) ADDITIONAL EVIDENCE IS INTRODUCED 16
399+TO CORROBORATE THE STATEMENT. 17
400+(4)] If the testimony presented by a peace officer [UNDER 18
401+PARAGRAPH (3) OF THIS SECTION] is inaccurate because of intentional, grossly 19
402+negligent, or negligent misstatements or omissions, then the court shall dismiss an 20
403+indictment resulting from the testimony if the defendant shows that the inaccuracy 21
404+prejudices substantial rights of the defendant. 22
405+(3) [(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 23
406+WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 24
407+CONDUCT IS INTENDED AS AN ASSERTION. 25
408+(6)] When a prior conviction is an element of an offense, hearsay 26
409+evidence received through the Alaska Public Safety Information Network or from 27
410+other government agencies of prior convictions may be presented to the grand jury. 28
411+ * Sec. 13. AS 12.40.110 is repealed. 29
412+ * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 30
413+read: 31 33-GH1031\A
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416416
417-(v) AS 11.61.125 - 11.61.128; 1
418-(vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 2
419-AS 26.05.900(b) if the person who was induced or caused to engage in 3
420-prostitution was under 21 [20] years of age at the time of the offense; 4
421-(vii) former AS 11.15.120, former 11.15.134, or assault 5
422-with the intent to commit rape under former AS 11.15.160, former 6
423-AS 11.40.110, or former 11.40.200; 7
424-(viii) AS 11.61.118(a)(2) if the offender has a previous 8
425-conviction for that offense; 9
426-(ix) AS 11.66.100(a)(2) if the offender is subject to 10
427-punishment under AS 11.66.100(e); 11
428-(x) AS 26.05.890 if the person engaged in sexual 12
429-penetration or sexual contact with the victim; 13
430-(xi) AS 26.05.890 if, at the time of the offense, the 14
431-victim is under a duty to obey the lawful orders of the offender, 15
432-regardless of whether the offender is in the direct chain of command 16
433-over the victim; 17
434-(xii) AS 26.05.893 if the person engaged in sexual 18
435-penetration or sexual contact with the victim; 19
436-(xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 20
437-victim is under 18 years of age at the time of the offense; 21
438-(xiv) AS 26.05.900 if, at the time of the offense, the 22
439-victim is under a duty to obey the lawful orders of the offender, 23
440-regardless of whether the offender is in the direct chain of command 24
441-over the victim; [OR] 25
442-(xv) AS 11.61.123 if the offender is subject to 26
443-punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 27
444-(2)]; 28
445-(xvi) AS 11.61.130(a)(2); or 29
446-(xvii) AS 11.66.110 and 11.66.120; 30
447-(D) an offense, or an attempt, solicitation, or conspiracy to 31 33-GH1031\B
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449- New Text Underlined [DELETED TEXT BRACKETED]
450-
451-commit an offense, under AS 26.05.935(b), or a similar law of another 1
452-jurisdiction, if the member of the militia commits one of the following 2
453-enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 3
454-Code of Military Justice): 4
455-(i) child pornography; or 5
456-(ii) pandering and prostitution if the person who is 6
457-induced, enticed, caused, or procured to engage in a sexual act is under 7
458-21 [20] years of age at the time of the offense; or 8
459-(E) an offense in which the person is required to register as a 9
460-sex offender under the laws of another jurisdiction; 10
461- * Sec. 21. AS 18.66.990(3) is amended to read: 11
462-(3) "domestic violence" and "crime involving domestic violence" mean 12
463-one or more of the following offenses or an offense under a law or ordinance of 13
464-another jurisdiction having elements similar to these offenses, or an attempt to commit 14
465-the offense, by a household member against another household member: 15
466-(A) a crime against the person under AS 11.41; 16
467-(B) burglary under AS 11.46.300 - 11.46.310; 17
468-(C) criminal trespass under AS 11.46.320 - 11.46.330; 18
469-(D) arson or criminally negligent burning under AS 11.46.400 - 19
470-11.46.430; 20
471-(E) criminal mischief under AS 11.46.475 - 11.46.486; 21
472-(F) terrorist threatening under AS 11.56.807 or 11.56.810; 22
473-(G) violating a protective order under AS 11.56.740(a)(1); 23
474-(H) harassment under AS 11.61.120(a)(2) - (4) or (6); or 24
475-(I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 25
476-a pet; 26
477-(J) interfering with a report of a crime involving domestic 27
478-violence under AS 11.56.745 if the person interfering with the report is the 28
479-person who committed the underlying crime involving domestic violence; 29
480-or 30
481-(K) unlawful contact under AS 11.56.750 or 11.56.755; 31 33-GH1031\B
482-HB0067b -15- CSHB 67(JUD)
483- New Text Underlined [DELETED TEXT BRACKETED]
484-
485- * Sec. 22. AS 47.14.300(a) is amended to read: 1
486-(a) The department, a state or municipal agency with expertise in child abuse 2
487-or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 3
488-as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act 4
489-of 1994) with expertise in child abuse or neglect, in partnership with the department, 5
490-may facilitate the initial establishment of a multidisciplinary child protection team. 6
491-The purpose of a team is to assist in the evaluation and investigation of reports of child 7
492-abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 8
493-department or a law enforcement agency; to assist in the evaluation and 9
494-investigation of reports of sexual contact or sexual penetration, as defined in 10
495-AS 11.81.900(b), occurring between children under 13 years of age; and to provide 11
496-consultation and coordination for agencies involved in child-in-need-of-aid cases 12
497-under AS 47.10. The multidisciplinary child protection teams shall 13
498-(1) ensure that investigations involving child abuse or neglect are 14
499-coordinated and conducted by trained investigators; 15
500-(2) take and recommend steps to avoid duplicative interviews of 16
501-children; 17
502-(3) assist in the reduction of trauma to a child and family involved in 18
503-an investigation of child abuse or neglect; and 19
504-(4) review records, provide consultation, and make recommendations 20
505-to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 21
506-the team by a team member. 22
507- * Sec. 23. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 23
508-2019, is amended to read: 24
509-(c) The following sections apply to the duty to register as a sex offender for 25
510-offenses committed before, on, or after the effective date of those sections: 26
511-(1) AS 12.63.010(d), as amended by sec. 82 of this Act; 27
512-(2) AS 12.63.020, as amended by sec. 83 of this Act; 28
513-(3) AS 12.63.100(6), as amended by sec. 84 of this Act; 29
514-(4) AS 12.63.100(7), as amended by sec. 85 of this Act. 30
515- * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 31 33-GH1031\B
516-CSHB 67(JUD) -16- HB0067b
517- New Text Underlined [DELETED TEXT BRACKETED]
518-
519-read: 1
520-DIRECT COURT RULE AMENDMENT. Rule 5(e), Alaska Rules of 2
521-Criminal Procedure, is amended to read: 3
522-(e) Felonies - Other Requirements at First Appearance. 4
523-(1) If the charge against the defendant is a felony, the defendant shall 5
524-not be called upon to plead. 6
525-(2) The judicial officer shall inform the defendant of the right to a 7
526-preliminary examination. A defendant is entitled to a preliminary examination if the 8
527-defendant is charged with a felony for which the defendant has not been indicted, 9
528-unless 10
529-(A) the defendant waives the preliminary examination, or 11
530-(B) an information has been filed against the defendant with the 12
531-defendant's consent in the superior court. 13
532-(3) If the defendant after having had the opportunity to consult with 14
533-counsel waives preliminary examination, the judicial officer shall forthwith hold the 15
534-defendant to answer in the superior court. 16
535-(4) If the defendant does not waive preliminary examination, the 17
536-judicial officer shall schedule a preliminary examination. Such examination shall be 18
537-held within a reasonable time, but in no event later than 19
538-(A) 10 days following the initial appearance, if the defendant is 20
539-in custody, or 21
540-(B) 20 days following the initial appearance, if the defendant is 22
541-not in custody or if a replacement grand jury has been impaneled pursuant 23
542-to AS 12.40.180. With the consent of the defendant and upon a showing of 24
543-good cause, taking into account the public interest in prompt disposition of 25
544-criminal cases, the judicial officer may extend the time limits specified in this 26
545-subsection one or more times. In the absence of consent by the defendant, the 27
546-judicial officer may extend these time limits only upon a showing that 28
547-extraordinary circumstances exist and that delay is indispensable to the interest 29
548-of justice. 30
549- * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 31 33-GH1031\B
550-HB0067b -17- CSHB 67(JUD)
551- New Text Underlined [DELETED TEXT BRACKETED]
552-
553-read: 1
554-DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 2
555-Procedure, is amended to read: 3
556-(s) Admissibility of Evidence. 4
557-(1) All evidence or information may be presented to [EVIDENCE 5
558-WHICH WOULD BE LEGALLY ADMISSIBLE AT TRIAL SHALL BE 6
559-ADMISSIBLE BEFORE] the grand jury. Witnesses [IN APPROPRIATE CASES, 7
560-HOWEVER, WITNESSES] may be presented to summarize admissible evidence if 8
561-the admissible evidence will be available at trial. [EXCEPT AS STATED IN 9
562-SUBPARAGRAPHS (2), (3), AND (6), HEARSAY EVIDENCE SHALL NOT BE 10
563-PRESENTED TO THE GRAND JURY ABSENT COMPELLING JUSTIFICATION 11
564-FOR ITS INTRODUCTION. IF HEARSAY EVIDENCE IS PRESENTED TO THE 12
565-GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE 13
566-RECORD.] 14
567-(2) [IN A PROSECUTION FOR AN OFFENSE UNDER 15
568-AS 11.41.410 — 11.41.458, HEARSAY EVIDENCE OF A STATEMENT 16
569-RELATED TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A 17
570-CHILD WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 18
571-EVIDENCE BEFORE THE GRAND JURY IF 19
572-(i) THE CIRCUMSTANCES OF THE STATEMENT 20
573-INDICATE ITS RELIABILITY; 21
574-(ii) THE CHILD IS UNDER 10 YEARS OF AGE 22
575-WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 23
576-ADMITTED; 24
577-(iii) ADDITIONAL EVIDENCE IS INTRODUCED 25
578-TO CORROBORATE THE STATEMENT; AND 26
579-(iv) THE CHILD TESTIFIES AT THE GRAND JURY 27
580-PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 28
581-TESTIFY AT TRIAL. 29
582-(3) HEARSAY EVIDENCE RELATED TO THE OFFENSE, NOT 30
583-OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE 31 33-GH1031\B
584-CSHB 67(JUD) -18- HB0067b
585- New Text Underlined [DELETED TEXT BRACKETED]
586-
587-THE GRAND JURY IF 1
588-(i) THE INDIVIDUAL PRESENTING THE 2
589-HEARSAY EVIDENCE IS A PEACE OFFICER INVOLVED IN THE 3
590-INVESTIGATION; AND 4
591-(ii) THE HEARSAY EVIDENCE CONSISTS OF THE 5
592-STATEMENT AND OBSERVATIONS MADE BY ANOTHER 6
593-PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 7
594-AND 8
595-(iii) ADDITIONAL EVIDENCE IS INTRODUCED 9
596-TO CORROBORATE THE STATEMENT. 10
597-(4)] If the testimony presented by a peace officer [UNDER 11
598-PARAGRAPH (3) OF THIS SECTION] is inaccurate because of intentional, grossly 12
599-negligent, or negligent misstatements or omissions, then the court shall dismiss an 13
600-indictment resulting from the testimony if the defendant shows that the inaccuracy 14
601-prejudices substantial rights of the defendant. 15
602-[(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 16
603-WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 17
604-CONDUCT IS INTENDED AS AN ASSERTION. 18
605-(6) WHEN A PRIOR CONVICTION IS AN ELEMENT OF AN 19
606-OFFENSE, HEARSAY EVIDENCE RECEIVED THROUGH THE ALASKA 20
607-PUBLIC SAFETY INFORMATION NETWORK OR FROM OTHER 21
608-GOVERNMENT AGENCIES OF PRIOR CONVICTIONS MAY BE PRESENTED 22
609-TO THE GRAND JURY.] 23
610- * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 24
611-read: 25
612-DIRECT COURT RULE AMENDMENT. Rule 6.1(a), Alaska Rules of 26
613-Criminal Procedure, is amended to read: 27
614-(a) Authority to Investigate and Issue Reports. A grand jury is 28
615-constitutionally authorized to investigate and make reports and recommendations 29
616-concerning the public welfare or safety. [AN ISSUE CONCERNS THE PUBLIC 30
617-WELFARE OR SAFETY, AND THEREFORE IS WITHIN THE SCOPE OF A 31 33-GH1031\B
618-HB0067b -19- CSHB 67(JUD)
619- New Text Underlined [DELETED TEXT BRACKETED]
620-
621-GRAND JURY'S INVESTIGATIVE AUTHORITY, WHEN 1
622-(1) THE INVESTIGATION OF THE ISSUE COULD FURTHER A 2
623-PUBLIC POLICY OF THE STATE; 3
624-(2) THE OUTCOME OF THE INVESTIGATION COULD 4
625-REASONABLY BE EXPECTED TO BENEFIT A LARGE NUMBER OF PEOPLE, 5
626-RATHER THAN TO BENEFIT ONLY AN INDIVIDUAL OR SMALL GROUP OF 6
627-INDIVIDUALS; AND 7
628-(3) THE ISSUE INVOLVES A MATTER OF GENERAL 8
629-IMPORTANCE TO A LARGE NUMBER OF PEOPLE, RATHER THAN TO AN 9
630-INDIVIDUAL OR A SMALL GROUP OF INDIVIDUALS.] 10
631- * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 11
632-read: 12
633-INDIRECT COURT RULE AMENDMENTS. The provisions of secs. 2, 3, and 5 - 13 13
634-of this Act have the effect of changing Rules 6 and 6.1, Alaska Rules of Criminal Procedure, 14
635-by changing the procedure for grand jury proceedings, the duties and authority of a grand 15
636-jury, and the evidence that may be presented to a grand jury. 16
637- * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 17
638-read: 18
639-REPEAL OF COURT RULES. Rules 6.1(b)(2) and (3), Alaska Rules of Criminal 19
640-Procedure, are repealed. 20
641- * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 21
417+APPLICABILITY. (a) AS 11.41.260(a), as amended by sec. 2 of this Act, 1
418+AS 12.55.127(c), as amended by sec. 3 of this Act, and AS 18.66.990(3), as amended by sec. 2
419+9 of this Act, apply to offenses committed on or after the effective date of this Act. 3
420+(b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 4
421+amended by sec. 4 of this Act, AS 12.63.010(d), as amended by sec. 5 of this Act, and 5
422+AS 12.63.010(g) and (h), enacted by sec. 6 of this Act, applies to the duty to register as a sex 6
423+offender or child kidnapper for offenses committed before, on, or after the effective date of 7
424+this Act. 8
425+(c) AS 12.63.020(a), as amended by sec. 7 of this Act, applies to the tolling of the 9
426+duty to register as a sex offender or child kidnapper on or after the effective date of this Act 10
427+for determinations of noncompliance made by the Department of Public Safety on or after the 11
428+effective date of this Act. 12
429+(d) Nothing in AS 12.63.020(a), as amended by sec. 7 of this Act, may be construed 13
430+as invalidating a decision of the Department of Public Safety to toll the period of registration 14
431+or continue the period of registration under AS 12.63 before the effective date of this Act. 15
432+(e) AS 12.63.100(7), as amended by sec. 8 of this Act, applies to the duty to register 16
433+as a sex offender for offenses committed on or after the effective date of this Act. 17
434+(f) Rule 6(r), Alaska Rules of Criminal Procedure, as amended by sec. 12 of this Act, 18
435+applies to indictments occurring on or after the effective date of this Act for offenses 19
436+committed before, on, or after the effective date of this Act. 20
437+ * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 21
642438 read: 22
643-APPLICABILITY. (a) AS 11.41.260(a), as amended by sec. 4 of this Act, 23
644-AS 12.55.127(c), as amended by sec. 15 of this Act, and AS 18.66.990(3), as amended by sec. 24
645-21 of this Act, apply to offenses committed on or after the effective date of this Act. 25
646-(b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 26
647-amended by sec. 16 of this Act, AS 12.63.010(d), as amended by sec. 17 of this Act, and 27
648-AS 12.63.010(g) and (h), enacted by sec. 18 of this Act, applies to the duty to register as a sex 28
649-offender or child kidnapper for offenses committed before, on, or after the effective date of 29
650-this Act. 30
651-(c) AS 12.63.020(a), as amended by sec. 19 of this Act, applies to the tolling of the 31 33-GH1031\B
652-CSHB 67(JUD) -20- HB0067b
653- New Text Underlined [DELETED TEXT BRACKETED]
654-
655-duty to register as a sex offender or child kidnapper on or after the effective date of this Act 1
656-for determinations of noncompliance made by the Department of Public Safety on or after the 2
657-effective date of this Act. 3
658-(d) Nothing in AS 12.63.020(a), as amended by sec. 19 of this Act, may be construed 4
659-as invalidating a decision by the Department of Public Safety to toll the period of registration 5
660-or continue the period of registration under AS 12.63 before the effective date of this Act. 6
661-(e) AS 12.63.100(7), as amended by sec. 20 of this Act, applies to the duty to register 7
662-as a sex offender for offenses committed on or after the effective date of this Act. 8
663-(f) Rule 5(e), Alaska Rules of Criminal Procedure, as amended by sec. 24 of this Act, 9
664-and Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 25 of this Act, apply 10
665-to indictments occurring on or after the effective date of this Act for offenses committed 11
666-before, on, or after the effective date of this Act. 12
667- * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 13
668-read: 14
669-CONDITIONAL EFFECT. (a) Rule 5(e), Alaska Rules of Criminal Procedure, as 15
670-amended by sec. 24 of this Act, takes effect only if sec. 24 of this Act receives the two-thirds 16
671-majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 17
672-(b) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 25 of this Act, 18
673-takes effect only if sec. 25 of this Act receives the two-thirds majority vote of each house 19
674-required by art. IV, sec. 15, Constitution of the State of Alaska. 20
675-(c) Rule 6.1(a), Alaska Rules of Criminal Procedure, as amended by sec. 26 of this 21
676-Act, takes effect only if sec. 26 of this Act receives the two-thirds majority vote of each house 22
677-required by art. IV, sec. 15, Constitution of the State of Alaska. 23
678-(d) Sections 2, 3, and 5 - 13 of this Act take effect only if sec. 27 of this Act receives 24
679-the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the 25
680-State of Alaska. 26
681-(e) The repeal of Rules 6.1(b)(2) and (3), Alaska Rules of Criminal Procedure, by sec. 27
682-28 of this Act takes effect only if sec. 28 of this Act receives the two-thirds majority vote of 28
683-each house required by art. IV, sec. 15, Constitution of the State of Alaska. 29
684- * Sec. 31. This Act takes effect July 1, 2024. 30
439+CONDITIONAL EFFECT. Rule 6(r), Alaska Rules of Criminal Procedure, as 23
440+amended by sec. 12 of this Act, takes effect only if sec. 12 of this Act receives the two-thirds 24
441+majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 25
442+ * Sec. 16. This Act takes effect July 1, 2023. 26