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CS FOR HOUSE BILL NO. 68(JUD)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY THE HOUSE JUDICIARY COMMITTEE
Offered: 4/28/23
Referred: Finance
Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
A BILL
FOR AN ACT ENTITLED
"An Act relating to sex trafficking; relating to athletic trainers, private professional 1
conservators and guardians, licensed professional counselors, massage therapists, 2
marital and family therapists, physicians, osteopaths, podiatrists, direct-entry midwives, 3
nurses, pharmacists, psychologists and psychological associates, and clinical social 4
workers; establishing the crime of patron of a victim of sex trafficking; relating to the 5
crime of human trafficking; relating to the crime of prostitution; relating to sentencing 6
for sex trafficking, patron of a victim of sex trafficking, human trafficking, and 7
prostitution; relating to victim confidentiality; establishing the process for vacating 8
judgments for certain convictions of prostitution; relating to revocation of a teaching 9
certificate; relating to sex trafficking, human trafficking, sexual abuse, and sexual 10
assault awareness and prevention education; relating to disqualifying convictions for 11
religious and private school teachers; relating to licensing of school bus drivers; relating 12 33-GH1029\U
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to permanent fund dividends for certain individuals whose convictions are vacated; and 1
providing for an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 04.06.110 is amended to read: 4
Sec. 04.06.110. Peace officer powers. The director and the persons employed 5
for the administration and enforcement of this title may, with the concurrence of the 6
commissioner of public safety, exercise the powers of peace officers when those 7
powers are specifically granted by the board. Powers granted by the board under this 8
section may be exercised only when necessary for the enforcement of the criminally 9
punishable provisions of this title, regulations of the board, and other criminally 10
punishable laws and regulations, including investigation of violations of laws against 11
[PROSTITUTION AND] sex trafficking described in AS 11.41.340 - 11.41.357, laws 12
against prostitution described in AS 11.66.101 - 11.66.106, [AS 11.66.100 - 13
11.66.135] and laws against gambling, promoting gambling, and related offenses 14
described in AS 11.66.200 - 11.66.280. Unless authorized by a search warrant 15
described in AS 12.35, nothing in this section authorizes the use of metal keys, 16
magnetic card keys, or identification cards to access private clubs. 17
* Sec. 2. AS 08.07.020(a) is amended to read: 18
(a) The department shall issue an athletic trainer license to an individual who 19
(1) applies to the department on a form provided by the department; 20
(2) meets the requirements established in regulation by the department; 21
(3) pays the fees established by the department; [AND] 22
(4) provides proof of certification by the Board of Certification, Inc., 23
or another nationally recognized professional association approved by the department; 24
and 25
(5) has not been convicted, including a conviction based on a guilty 26
plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 27
* Sec. 3. AS 08.07 is amended by adding a new section to read: 28
Sec. 08.07.025. Revocation or refusal of a license. The department shall 29
revoke for life an athletic trainer license or refuse to issue or renew an athletic trainer 30 33-GH1029\U
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license if the department determines that the individual has been convicted, including 1
a conviction based on a guilty plea or plea of nolo contendere, of a crime under 2
AS 11.41.340 - 11.41.355. 3
* Sec. 4. AS 08.07 is amended by adding a new section to read: 4
Sec. 08.07.035. Notification of conviction. An athletic trainer shall notify the 5
department if the athletic trainer has been convicted, including a conviction based on a 6
guilty plea or plea of nolo contendere, of a felony or misdemeanor crime. 7
* Sec. 5. AS 08.26.020(a) is amended to read: 8
(a) The department shall issue a private professional full guardian license to an 9
individual 10
(1) who is at least 21 years of age; 11
(2) who has two or more years of professional client casework 12
experience or at least an associate degree in human services, social work, psychology, 13
sociology, gerontology, special education, or a closely related field; 14
(3) who is certified as a guardian by a nationally recognized 15
organization in the field of guardianships; 16
(4) whose criminal history record checks under AS 08.26.070 show 17
that the individual has not been convicted of a crime under AS 11.41.340 - 11.41.355 18
or of a felony or [OF A] misdemeanor offense in the state or in any other jurisdiction 19
involving fraud, misrepresentation, material omission, misappropriation, theft, 20
conversion, or any other crime the department determines would affect the individual's 21
ability to provide the services of a guardian competently and safely for the protected 22
person within 10 years before the application; 23
(5) who satisfies the application requirements of AS 08.26.060; and 24
(6) who satisfies the requirements for obtaining a private professional 25
conservator license under AS 08.26.030. 26
* Sec. 6. AS 08.26.030 is amended to read: 27
Sec. 08.26.030. Requirements for private professional conservator license. 28
The department shall issue a private professional conservator license to an individual 29
(1) who is at least 21 years of age; 30
(2) who has obtained a high school diploma, or a general education 31 33-GH1029\U
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development diploma or its equivalent; 1
(3) who has six months' employment experience in a position 2
involving financial management, or has at least an associate degree in accounting or a 3
closely related field; 4
(4) who is certified as a guardian by a nationally recognized 5
organization in the field of guardianships; 6
(5) whose criminal history record checks under AS 08.26.070 show 7
that the individual has not been convicted of a crime under AS 11.41.340 - 11.41.355 8
or of a felony or [OF A] misdemeanor offense in the state or in any other jurisdiction 9
involving fraud, misrepresentation, material omission, misappropriation, theft, 10
conversion, or any other crime that the department determines would affect the 11
individual's ability to provide the services of a conservator competently and safely for 12
the protected person within 10 years before the application; and 13
(6) who satisfies the application requirements of AS 08.26.060. 14
* Sec. 7. AS 08.26.130 is amended by adding new subsections to read: 15
(b) The department shall revoke for life a license or refuse to issue or renew a 16
license if the department determines that the individual has been convicted, including 17
a conviction based on a guilty plea or plea of nolo contendere, of a crime under 18
AS 11.41.340 - 11.41.355. 19
(c) A licensee shall notify the department if the licensee has been convicted, 20
including a conviction based on a guilty plea or plea of nolo contendere, of a felony or 21
other crime that may result in grounds for disciplinary action under (a)(6) of this 22
section. 23
* Sec. 8. AS 08.29.110(a) is amended to read: 24
(a) The board shall issue a professional counselor license to a person who 25
applies for the license, submits the required fee, submits two letters of 26
recommendation from professional counselors who are familiar with the applicant's 27
practice of professional counseling, and presents evidence satisfactory to the board 28
that the person 29
(1) is at least 18 years of age; 30
(2) is not under investigation in this or another jurisdiction for an act 31 33-GH1029\U
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that would constitute a violation of this chapter; 1
(3) has not had a license related to the practice of counseling, 2
psychology, marital and family therapy, or social work in this or another jurisdiction 3
suspended, revoked, or surrendered in lieu of discipline unless the license has been 4
fully reinstated in that jurisdiction; 5
(4) has passed a written examination as required by the board; the 6
board may provide that passing a nationally recognized examination for professional 7
counselors is sufficient to meet the examination requirement of this paragraph; 8
(5) has successfully completed either 9
(A) an earned doctoral degree in counseling or a related 10
professional field from a regionally or nationally accredited institution of 11
higher education approved by the board; or 12
(B) an earned master's degree in counseling or a related 13
professional field, from a regionally or nationally accredited institution of 14
higher education approved by the board, and at least 60 graduate semester 15
hours in counseling during or after earning the master's degree; [AND] 16
(6) has, after earning the degree required under either (5)(A) or (B) of 17
this subsection, had at least 3,000 hours of supervised experience in the practice of 18
professional counseling performed over a period of at least two years under the 19
supervision of a supervisor approved under AS 08.29.210, with at least 1,000 hours of 20
direct counseling with individuals, couples, families, or groups and at least 100 hours 21
of face-to-face supervision by a supervisor approved under AS 08.29.210 unless, 22
under regulations of the board, the board allows the supervision to be by telephonic or 23
electronic means because of the remote location of the counselor; and 24
(7) has not been convicted, including a conviction based on a guilty 25
plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 26
* Sec. 9. AS 08.29.400 is amended by adding new subsections to read: 27
(d) The board shall revoke for life a license or refuse to issue or renew a 28
license if the board determines that the person has been convicted, including a 29
conviction based on a guilty plea or plea of nolo contendere, of a crime under 30
AS 11.41.340 - 11.41.355. 31 33-GH1029\U
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(e) A person licensed under this chapter shall notify the board if the person has 1
been convicted, including a conviction based on a guilty plea or plea of nolo 2
contendere, of a felony that may result in grounds for disciplinary sanctions under 3
(a)(2) of this section. 4
* Sec. 10. AS 08.61.030 is amended to read: 5
Sec. 08.61.030. Qualifications for license. The board shall issue a license to 6
practice massage therapy to a person who 7
(1) applies on a form provided by the department; 8
(2) pays the fees established under AS 08.61.090; 9
(3) furnishes evidence satisfactory to the board that the person has 10
completed a 11
(A) course of study of at least 625 hours of in-class supervised 12
instruction and clinical work from an approved massage school; or 13
(B) board-approved apprenticeship program; 14
(4) is 18 years of age or older; 15
(5) has been fingerprinted and has provided the fees required by the 16
Department of Public Safety under AS 12.62.160 for criminal justice information and 17
a national criminal history record check; the fingerprints and fees shall be forwarded 18
to the Department of Public Safety to obtain a report of criminal justice information 19
under AS 12.62 and a national criminal history record check under AS 12.62.400; 20
(6) has a current cardiopulmonary resuscitation certification; 21
(7) has received at least two hours of safety education covering 22
bloodborne pathogens and universal precautions in the two years preceding the 23
application for the license; in this paragraph, "bloodborne pathogens" has the meaning 24
given in AS 18.15.450; 25
(8) has successfully completed a nationally recognized competency 26
examination approved by the board; and 27
(9) has not been convicted of, or pled guilty or no contest to, a crime 28
under AS 11.41.340 - 11.41.355, or a crime involving moral turpitude, or who has 29
been convicted of, or pled guilty or no contest to, a crime involving moral turpitude if 30
the board finds that the conviction does not affect the person's ability to practice 31 33-GH1029\U
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competently and safely. 1
* Sec. 11. AS 08.61.040 is amended to read: 2
Sec. 08.61.040. Licensure by credentials. The board shall issue a license to 3
practice massage therapy to a person who 4
(1) is 18 years of age or older; 5
(2) applies on a form provided by the department; 6
(3) pays the fees established under AS 08.61.090; 7
(4) has submitted the person's fingerprints and the fees required by the 8
Department of Public Safety under AS 12.62.160 for criminal justice information and 9
a national criminal history record check; the fingerprints and fees shall be forwarded 10
to the Department of Public Safety to obtain a report of criminal justice information 11
under AS 12.62 and a national criminal history record check under AS 12.62.400; 12
(5) is not the subject of an unresolved complaint or disciplinary action 13
before a regulatory authority in this state or another jurisdiction; 14
(6) has not had a certificate or license to practice massage therapy 15
revoked, suspended, or voluntarily surrendered in this state or another jurisdiction; 16
(7) has not been convicted of, or pled guilty or no contest to, a law or 17
ordinance of this or another jurisdiction with elements similar to a crime listed 18
under AS 11.41.340 - 11.41.355, or a crime involving moral turpitude, or has been 19
convicted of, or pled guilty or no contest to, a crime involving moral turpitude if the 20
board finds that the conviction does not affect the person's ability to practice 21
competently and safely; 22
(8) has a current cardiopulmonary resuscitation certification; and 23
(9) is currently 24
(A) licensed to practice massage therapy in another state or 25
country that has licensing requirements that are substantially equal to or greater 26
than the requirements of this state; or 27
(B) certified by a certification entity approved by the board. 28
* Sec. 12. AS 08.61.060 is amended by adding new subsections to read: 29
(b) The board shall revoke for life a license or refuse to issue or renew a 30
license if the board determines that the person has been convicted, including a 31 33-GH1029\U
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conviction based on a guilty plea or plea of nolo contendere, of a crime under 1
AS 11.41.340 - 11.41.355. 2
(c) A person licensed under this chapter shall notify the board if the person has 3
been convicted, including a conviction based on a guilty plea or plea of nolo 4
contendere, of a felony or other crime that may result in grounds for disciplinary 5
sanctions under (a)(4) of this section. 6
* Sec. 13. AS 08.63.100(a) is amended to read: 7
(a) The board shall issue a license to practice marital and family therapy to a 8
person who 9
(1) applies on a form provided by the board; 10
(2) pays the fee established under AS 08.01.065; 11
(3) furnishes evidence satisfactory to the board that the person 12
(A) has not engaged in conduct that is a ground for imposing 13
disciplinary sanctions under AS 08.63.210; 14
(B) holds a master's degree or doctorate in marital and family 15
therapy or allied mental health field from a regionally accredited educational 16
institution approved by the board for which the person completed a course of 17
study that included instruction substantially equivalent to the following: 18
(i) three courses or nine semester or 12 quarter hours of 19
course work in marital and family therapy; 20
(ii) three courses or nine semester or 12 quarter hours of 21
course work in marital and family studies; 22
(iii) three courses or nine semester or 12 quarter hours 23
of course work in human development; 24
(iv) one course or three semester or four quarter hours 25
of course work in professional studies or professional ethics and law; 26
(v) one course or three semester or four quarter hours of 27
course work in research; and 28
(vi) one year of supervised clinical practice in marital 29
and family therapy; 30
(C) after receiving a degree described in (B) of this paragraph, 31 33-GH1029\U
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has practiced supervised marital and family therapy, including 1,700 hours of 1
clinical contact with couples, individuals, and families; the 1,700 hours of 2
clinical contact must include at least 100 hours of individual supervision and 3
100 hours of group supervision approved by the board; the 100 hours of 4
individual supervision and 100 hours of group supervision may be conducted 5
by one or more supervisors; 6
(D) has received training related to domestic violence; [AND] 7
(E) has passed a written or oral examination administered by 8
the board; and 9
(F) has not been convicted, including a conviction based on 10
a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11
11.41.355. 12
* Sec. 14. AS 08.63.210 is amended by adding new subsections to read: 13
(e) The board shall revoke for life a license issued under this chapter or refuse 14
to issue or renew a license under this chapter if the board determines that the 15
individual has been convicted, including a conviction based on a guilty plea or plea of 16
nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 17
(f) A person licensed under this chapter shall notify the board if the person has 18
been convicted, including a conviction based on a guilty plea or plea of nolo 19
contendere, of a felony or other crime that may result in grounds for disciplinary 20
sanctions under (a)(4) of this section. 21
* Sec. 15. AS 08.64.240(a) is amended to read: 22
(a) The board may not grant a license if 23
(1) the applicant fails or cheats during the examination; 24
(2) the applicant has surrendered a license in another jurisdiction while 25
under investigation and the license has not been reinstated in that jurisdiction; 26
(3) the board determines that the applicant is professionally unfit to 27
practice medicine or osteopathy in the state; [OR] 28
(4) the applicant fails to comply with a requirement of this chapter; or 29
(5) the applicant has been convicted, including a conviction based 30
on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 31 33-GH1029\U
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11.41.355. 1
* Sec. 16. AS 08.64.326 is amended by adding new subsections to read: 2
(c) The board shall revoke for life a license issued under this chapter or refuse 3
to issue or renew a license under this chapter if the board determines that the person 4
has been convicted, including a conviction based on a guilty plea or plea of nolo 5
contendere, of a crime under AS 11.41.340 - 11.41.355. 6
(d) A licensee shall notify the board if the licensee has been convicted, 7
including a conviction based on a guilty plea or plea of nolo contendere, of a felony or 8
other crime that may result in grounds for disciplinary sanctions under (a)(4) or (5) of 9
this section. 10
* Sec. 17. AS 08.65.050 is amended to read: 11
Sec. 08.65.050. Qualifications for license. The board shall issue a certificate 12
to practice direct-entry midwifery to a person who 13
(1) applies on a form provided by the board; 14
(2) pays the fees required under AS 08.65.100; 15
(3) furnishes evidence satisfactory to the board that the person has not 16
engaged in conduct that is a ground for imposing disciplinary sanctions under 17
AS 08.65.110 and has not been convicted, including a conviction based on a guilty 18
plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355; 19
(4) furnishes evidence satisfactory to the board that the person has 20
completed a course of study and supervised clinical experience; the study and 21
experience must be of at least one year's duration; 22
(5) successfully completes the examination required by the board. 23
* Sec. 18. AS 08.65.110 is amended by adding new subsections to read: 24
(b) The board shall revoke for life a certificate or permit or refuse to issue or 25
renew a certificate or permit if the board determines that the individual has been 26
convicted, including a conviction based on a guilty plea or plea of nolo contendere, of 27
a crime under AS 11.41.340 - 11.41.355. 28
(c) A person holding a certificate or permit under this chapter shall notify the 29
board if the person has been convicted, including a conviction based on a guilty plea 30
or plea of nolo contendere, of a felony or other crime that may result in grounds for 31 33-GH1029\U
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disciplinary sanctions under (a)(4) of this section. 1
* Sec. 19. AS 08.68.170(c) is amended to read: 2
(c) An applicant for a license to practice advanced practice registered nursing 3
shall submit to the board, on forms and in the manner prescribed by the board, written 4
evidence, verified by oath, that the applicant 5
(1) is licensed as a registered nurse in the state; [AND] 6
(2) has successfully completed an advanced practice registered nurse 7
education program that meets the criteria established by the board under 8
AS 08.68.100; and 9
(3) has not been convicted, including a conviction based on a guilty 10
plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 11
* Sec. 20. AS 08.68.270 is amended by adding new subsections to read: 12
(b) The board shall revoke for life a license or refuse to issue or renew a 13
license if the board determines that the person has been convicted, including a 14
conviction based on a guilty plea or plea of nolo contendere, of a crime under 15
AS 11.41.340 - 11.41.355. 16
(c) A person licensed under this chapter shall notify the board if the person has 17
been convicted, including a conviction based on a guilty plea or plea of nolo 18
contendere, of a felony or other crime that may result in grounds for disciplinary 19
sanctions under (a)(2) or (12) of this section. 20
* Sec. 21. AS 08.80.110 is amended to read: 21
Sec. 08.80.110. Qualifications for licensure by examination. An applicant 22
for licensure as a pharmacist shall 23
(1) be fluent in the reading, writing, and speaking of the English 24
language; 25
(2) furnish the board with at least two affidavits from reputable 26
citizens that the applicant has known for at least one year attesting to the applicant's 27
good moral character; 28
(3) be a graduate of a college in a degree program approved by the 29
board; 30
(4) pass an examination or examinations given by the board or 31 33-GH1029\U
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acceptable to the board under the score transfer process administered by the National 1
Association of Boards of Pharmacy; 2
(5) have completed internship training or another program that has 3
been approved by the board or demonstrated to the board's satisfaction that the 4
applicant has experience in the practice of pharmacy that meets or exceeds the 5
minimum internship requirements of the board; 6
(6) affirm that the applicant has not been convicted, including a 7
conviction based on a guilty plea or plea of nolo contendere, of a crime under 8
AS 11.41.340 - 11.41.355. 9
* Sec. 22. AS 08.80.145 is amended to read: 10
Sec. 08.80.145. Reciprocity; license transfer. If another jurisdiction allows 11
licensure in that jurisdiction of a pharmacist licensed in this state under conditions 12
similar to those in this section, the board may license as a pharmacist in this state a 13
person licensed as a pharmacist in the other jurisdiction if the person 14
(1) submits a written application to the board on a form required by the 15
board; 16
(2) is at least 18 years of age; 17
(3) is of good moral character; 18
(4) possesses at the time of the request for licensure as a pharmacist in 19
this state the qualifications necessary to be eligible for licensure in this state; 20
(5) has engaged in the practice of pharmacy for at least one year or has 21
met the internship requirements of this state within the one-year period immediately 22
before applying for a license under this section; 23
(6) presents proof satisfactory to the board that the person is currently 24
licensed as a pharmacist in the other jurisdiction and does not currently have a 25
pharmacist license suspended, revoked, or otherwise restricted except for failure to 26
apply for renewal or failure to obtain the required continuing education credits; 27
(7) has passed an examination approved by the board that tests the 28
person's knowledge of Alaska laws relating to pharmacies and pharmacists and the 29
regulations adopted under those laws; [AND] 30
(8) pays all required fees; and 31 33-GH1029\U
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(9) has not been convicted, including a conviction based on a guilty 1
plea or plea of nolo contendere, of a law or ordinance of this or another 2
jurisdiction with elements similar to a crime listed under AS 11.41.340 - 3
11.41.355. 4
* Sec. 23. AS 08.80.261 is amended by adding new subsections to read: 5
(c) The board shall revoke for life a license or refuse to issue or renew a 6
license if the board determines that the applicant or licensee has been convicted, 7
including a conviction based on a guilty plea or plea of nolo contendere, of a crime 8
under AS 11.41.340 - 11.41.355. 9
(d) A licensee or an applicant shall notify the board if the licensee or applicant 10
has been convicted, including a conviction based on a guilty plea or plea of nolo 11
contendere, of a felony or other crime that may result in grounds for disciplinary 12
sanctions under (a)(4) or (10) of this section. 13
* Sec. 24. AS 08.86.130(a) is amended to read: 14
(a) The board shall issue a psychologist license to a person who 15
(1) holds an earned doctorate degree, from an academic institution 16
whose program of graduate study for a doctorate degree in psychology meets the 17
criteria established by the board by regulation, in 18
(A) clinical psychology; 19
(B) counseling psychology; or 20
(C) education in a field of specialization considered equivalent 21
by the board; 22
(2) has not engaged in dishonorable conduct related to the practice of 23
counseling or psychometry; 24
(3) has one year of post doctoral supervised experience approved by 25
the board; [AND] 26
(4) takes and passes the objective examination developed or approved 27
by the board; and 28
(5) has not been convicted, including a conviction based on a guilty 29
plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 30
* Sec. 25. AS 08.86.160(a) is amended to read: 31 33-GH1029\U
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(a) The board shall issue a psychological associate license to a person who 1
(1) holds an earned master's degree from an academic institution 2
whose program of graduate study for a master's degree in psychology meets the 3
criteria established by the board by regulation in 4
(A) clinical psychology; 5
(B) counseling psychology; or 6
(C) education in a field of specialization considered equivalent 7
by the board; 8
(2) has not engaged in dishonorable conduct related to the practice of 9
counseling or psychometry; 10
(3) has two years of post master's supervised experience approved by 11
the board; [AND] 12
(4) takes and passes the objective examination developed or approved 13
by the board for psychological associates; and 14
(5) has not been convicted, including a conviction based on a guilty 15
plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 16
* Sec. 26. AS 08.86.204 is amended by adding new subsections to read: 17
(e) The board shall revoke for life a license or refuse to issue or renew a 18
license if the board determines that the person has been convicted, including a 19
conviction based on a guilty plea or plea of nolo contendere, of a crime under 20
AS 11.41.340 - 11.41.355. 21
(f) A person licensed under this chapter shall notify the board if the licensee 22
has been convicted, including a conviction based on a guilty plea or plea of nolo 23
contendere, of a felony or other crime that may result in grounds for disciplinary 24
sanctions under (a)(4) of this section. 25
* Sec. 27. AS 08.95.050 is amended by adding new subsections to read: 26
(d) The board shall revoke for life a license or refuse to issue or renew a 27
license if the board determines that the person has been convicted, including a 28
conviction based on a guilty plea or plea of nolo contendere, of a crime under 29
AS 11.41.340 - 11.41.355. 30
(e) A licensee shall notify the board if the licensee has been convicted, 31 33-GH1029\U
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including a conviction based on a guilty plea or plea of nolo contendere, of a felony or 1
other crime that may result in grounds for disciplinary sanctions under (a)(7) of this 2
section. 3
* Sec. 28. AS 08.95.110(a) is amended to read: 4
(a) The board shall issue a license to practice clinical social work to a person 5
who 6
(1) has received a master's degree or a doctoral degree in social work 7
from a college or university approved by the board; 8
(2) has completed, within the 10 years before application for licensure 9
and under the supervision of a licensed clinical social worker, licensed psychologist, 10
or licensed psychiatrist either 11
(A) a minimum of two years of continuous full-time 12
employment in postgraduate clinical social work; or 13
(B) a minimum of 3,000 hours of less than full-time 14
employment in a period of not less than two years in postgraduate clinical 15
social work; 16
(3) is of good moral character; 17
(4) is in good professional standing and is fit to practice social work as 18
determined by the board; 19
(5) has provided three professional references that are acceptable to the 20
board, including, if the applicant 21
(A) was previously employed to practice social work, one 22
reference from a person who was the applicant's employer while practicing 23
social work unless the applicant demonstrates to the satisfaction of the board 24
that the applicant is unable to satisfy the requirement of this subparagraph 25
through no fault of the applicant; and 26
(B) is currently employed to practice social work, a reference 27
from the applicant's current employer; 28
(6) has satisfactorily completed the examination given by the board for 29
clinical social worker licensing; [AND] 30
(7) has paid required fees; and 31 33-GH1029\U
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(8) has not been convicted, including a conviction based on a guilty 1
plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355. 2
* Sec. 29. AS 08.95.120(a) is amended to read: 3
(a) The board shall issue a license to practice clinical social work if the 4
applicant 5
(1) holds a current license to practice clinical social work in another 6
jurisdiction that, at the time of original issuance of the license, had requirements for 7
licensure equal to or more stringent than those of this state; 8
(2) is not the subject of an unresolved complaint or disciplinary action 9
before a regulatory authority or a professional social work association; 10
(3) has provided three professional references that are acceptable to the 11
board, including, if the applicant 12
(A) was previously employed to practice social work, one 13
reference from a person who was the applicant's employer while practicing 14
social work unless the applicant demonstrates to the satisfaction of the board 15
that the applicant is unable to satisfy the requirement of this subparagraph 16
through no fault of the applicant; and 17
(B) is currently employed to practice social work, a reference 18
from the applicant's current employer; 19
(4) has not had a license to practice clinical social work revoked, 20
suspended, or surrendered in lieu of disciplinary action in this state or another 21
jurisdiction; 22
(5) has submitted proof of continued competency satisfactory to the 23
board; [AND] 24
(6) has paid required fees; and 25
(7) has not been convicted of a law or ordinance of this or another 26
jurisdiction with elements substantially similar to a crime listed under 27
AS 11.41.340 - 11.41.355. 28
* Sec. 30. AS 09.25.400 is amended to read: 29
Sec. 09.25.400. Privilege relating to domestic violence, sex trafficking, and 30
sexual assault counseling. Confidential communications between a victim of 31 33-GH1029\U
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domestic violence, sex trafficking, or sexual assault and a victim counselor are 1
privileged under AS 18.66.200 - 18.66.250. 2
* Sec. 31. AS 11.31.120(h)(2) is amended to read: 3
(2) "serious felony offense" means an offense 4
(A) against the person under AS 11.41, punishable as an 5
unclassified or class A felony; 6
(B) involving controlled substances under AS 11.71, 7
punishable as an unclassified, class A, or class B felony; 8
(C) that is criminal mischief in the first degree under 9
AS 11.46.475; 10
(D) that is terroristic threatening in the first degree under 11
AS 11.56.807; 12
(E) that is human trafficking in the first degree under 13
AS 11.41.360; 14
(F) that is sex trafficking in the first degree under AS 11.41.340 15
[AS 11.66.110]; or 16
(G) that is arson in the first degree under AS 11.46.400 or arson 17
in the second degree under AS 11.46.410. 18
* Sec. 32. AS 11.41 is amended by adding new sections to read: 19
Sec. 11.41.340. Sex trafficking in the first degree. (a) A person commits the 20
crime of sex trafficking in the first degree if the person 21
(1) as other than a patron of a victim of sex trafficking, induces or 22
causes another person to engage in a commercial sexual act through the use of force or 23
threat of force against any person; or 24
(2) violates AS 11.41.345 and the person induced or caused to engage 25
in the commercial sexual act is 26
(A) under 21 years of age; or 27
(B) in that person's legal custody. 28
(b) Sex trafficking in the first degree is an unclassified felony. 29
Sec. 11.41.345. Sex trafficking in the second degree. (a) A person commits 30
the crime of sex trafficking in the second degree if, as other than a patron of a victim 31 33-GH1029\U
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of sex trafficking and with the intent to promote sex trafficking, the person induces or 1
causes another person to engage in a commercial sexual act. 2
(b) Sex trafficking in the second degree is a class A felony. 3
Sec. 11.41.350. Sex trafficking in the third degree. (a) A person commits the 4
crime of sex trafficking in the third degree if, as other than a patron of a victim of sex 5
trafficking, the person provides services, resources, or other assistance in furtherance 6
of a violation of AS 11.41.340 or 11.41.345. 7
(b) Sex trafficking in the third degree is a 8
(1) class B felony if the value of the services, resources, or other 9
assistance provided is $200 or more; or 10
(2) class C felony if the value of the services, resources, or other 11
assistance provided is less than $200. 12
Sec. 11.41.355. Patron of a victim of sex trafficking. (a) A person commits 13
the crime of patron of a victim of sex trafficking if the person solicits a commercial 14
sexual act 15
(1) with reckless disregard that the person engaging in the sexual act is 16
a victim of sex trafficking; or 17
(2) from a person who is under 18 years of age. 18
(b) In a prosecution under (a)(2) of this section, it is an affirmative defense 19
that, at the time of the alleged offense, the defendant 20
(1) reasonably believed the person to be 18 years of age or older; and 21
(2) undertook reasonable measures to verify that the person was 18 22
years of age or older. 23
(c) Patron of a victim of sex trafficking is a 24
(1) class B felony if the person violates (a)(2) of this section; 25
(2) class C felony if the person violates (a)(1) of this section. 26
Sec. 11.41.357. Inducing or causing a person to engage in a commercial 27
sexual act. For purposes of AS 11.41.340 - 11.41.355, a person induces or causes 28
another person to engage in a commercial sexual act including by 29
(1) exposing or threatening to expose confidential information or a 30
secret, whether true or false, that would subject a person to hatred, contempt, or 31 33-GH1029\U
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ridicule; 1
(2) destroying, concealing, or threatening to destroy or conceal an 2
actual or purported passport or immigration document or another actual or purported 3
identification document of any person; 4
(3) threatening to report a person to a government agency for the 5
purpose of arrest or deportation; 6
(4) threatening to collect a debt; 7
(5) instilling in a person a fear that lodging, food, clothing, or 8
medication will be withheld from any person; 9
(6) providing a controlled substance to or withholding a controlled 10
substance from the other person; or 11
(7) engaging in deception as defined in AS 11.81.900(b). 12
* Sec. 33. AS 11.41.360(a) is amended to read: 13
(a) A person commits the crime of human trafficking in the first degree if, 14
under circumstances not proscribed under AS 11.41.340 - 11.41.357, the person 15
(1) [COMPELS OR] induces or causes another person to engage in 16
[SEXUAL CONDUCT,] adult entertainment [,] or labor [IN THE STATE] by force or 17
threat of force against any person; or 18
(2) violates AS 11.41.365 and the victim is under 21 years of age [, 19
OR BY DECEPTION]. 20
* Sec. 34. AS 11.41.360(c) is amended to read: 21
(c) Human trafficking in the first degree is an unclassified [A CLASS A] 22
felony. 23
* Sec. 35. AS 11.41.365 is amended to read: 24
Sec. 11.41.365. Human trafficking in the second degree. (a) A person 25
commits the crime of human trafficking in the second degree if, under circumstances 26
not proscribed under AS 11.41.340 - 11.41.357, and with the intent to promote 27
human trafficking, the person induces or causes another person to engage in adult 28
entertainment or labor by 29
(1) exposing or threatening to expose confidential information or a 30
secret, whether true or false, tending to subject a person to hatred, contempt, or 31 33-GH1029\U
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ridicule; 1
(2) destroying, concealing, or threatening to destroy or conceal an 2
actual or purported passport or immigration document or another actual or 3
purported identification document of any person; 4
(3) threatening to report a person to a government agency for the 5
purpose of arrest or deportation; 6
(4) threatening to collect a debt; 7
(5) instilling in a person a fear that lodging, food, clothing, or 8
medication will be withheld from any person; 9
(6) providing a controlled substance to or withholding a controlled 10
substance from the other person; or 11
(7) engaging in deception as defined in AS 11.81.900(b) [OBTAINS 12
A BENEFIT FROM THE COMMISSION OF HUMAN TRAFFICKING UNDER 13
AS 11.41.360, WITH RECKLESS DISREGARD THAT THE BENEFIT IS A 14
RESULT OF THE TRAFFICKING]. 15
(b) Human trafficking in the second degree is a class A [B] felony. 16
* Sec. 36. AS 11.41 is amended by adding new sections to read: 17
Sec. 11.41.366. Human trafficking in the third degree. (a) A person 18
commits the crime of human trafficking in the third degree if the person provides 19
services, resources, or other assistance with the intent to promote a violation of 20
AS 11.41.360 or 11.41.365. 21
(b) Human trafficking in the third degree is a 22
(1) class B felony if the value of the services, resources, or other 23
assistance provided is $200 or more; 24
(2) class C felony if the value of the services, resources, or other 25
assistance provided is less than $200. 26
Sec. 11.41.367. Applicability of AS 11.41.360 - 11.41.366. AS 11.41.360 - 27
11.41.366 do not apply to acts that may reasonably be construed to be a normal 28
caretaker request of a child or a normal interaction with a child. 29
Sec. 11.41.369. Forfeiture. (a) Property used to institute, aid, or facilitate, or 30
received or derived from, a violation of AS 11.41.340 - 11.41.366, including real 31 33-GH1029\U
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property, may be forfeited at sentencing. 1
(b) The legislature may appropriate funds received from the sale of property 2
forfeited under (a) of this section for an offense under AS 11.41.340 - 11.41.357 to 3
programs that provide resources to victims of sex trafficking. 4
* Sec. 37. AS 11.41.530(a) is amended to read: 5
(a) A person commits the crime of coercion if, under circumstances not 6
proscribed under AS 11.41.340 - 11.41.366 or 11.41.410 - 11.41.427 [AS 11.41.410 - 7
11.41.427], the person compels another to engage in conduct from which there is a 8
legal right to abstain or abstain from conduct in which there is a legal right to engage, 9
by means of instilling in the person who is compelled a fear that, if the demand is not 10
complied with, the person who makes the demand or another may 11
(1) inflict physical injury on anyone, except under circumstances 12
constituting robbery in any degree, or commit any other crime; 13
(2) accuse anyone of a crime; 14
(3) expose confidential information or a secret, whether true or false, 15
tending to subject a person to hatred, contempt, or ridicule or to impair the person's 16
credit or business repute; 17
(4) take or withhold action as a public servant or cause a public servant 18
to take or withhold action; 19
(5) bring about or continue a strike, boycott, or other collective 20
unofficial action, if the property is not demanded or received for the benefit of the 21
group in whose interest the person making the threat or suggestion purports to act; 22
(6) testify or provide information or withhold testimony or information 23
with respect to a person's legal claim or defense. 24
* Sec. 38. AS 11.66 is amended by adding new sections to read: 25
Sec. 11.66.101. Prostitution in the first degree. (a) A person commits the 26
crime of prostitution in the first degree if the person manages, supervises, controls, or 27
owns, either alone or in association with others, a prostitution enterprise or a place of 28
prostitution. 29
(b) Prostitution in the first degree is a class B felony. 30
Sec. 11.66.102. Prostitution in the second degree. (a) A person commits the 31 33-GH1029\U
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crime of prostitution in the second degree if the person violates AS 11.66.104 and, 1
within the preceding five years, the person has been previously convicted on two or 2
more separate occasions in this or another jurisdiction of an offense under 3
AS 11.66.104 or an offense under another law or ordinance in this or another 4
jurisdiction with similar elements. 5
(b) Prostitution in the second degree is a class C felony. 6
Sec. 11.66.104. Prostitution in the third degree. (a) A person commits the 7
crime of prostitution in the third degree if the person offers a fee in exchange for 8
sexual conduct. 9
(b) Prostitution in the third degree is a class A misdemeanor. 10
Sec. 11.66.106. Prostitution in the fourth degree. (a) A person commits the 11
crime of prostitution in the fourth degree if the person engages in or agrees or offers to 12
engage in sexual conduct in exchange for a fee. 13
(b) A person may not be prosecuted under this section if the 14
(1) person witnessed or was a victim of, and reported to law 15
enforcement in good faith, one or more of the following crimes: 16
(A) murder in the first degree under AS 11.41.100; 17
(B) murder in the second degree under AS 11.41.110; 18
(C) manslaughter under AS 11.41.120; 19
(D) criminally negligent homicide under AS 11.41.130; 20
(E) assault in the first degree under AS 11.41.200; 21
(F) assault in the second degree under AS 11.41.210; 22
(G) assault in the third degree under AS 11.41.220; 23
(H) assault in the fourth degree under AS 11.41.230; 24
(I) sex trafficking in the first degree under AS 11.41.340; 25
(J) sex trafficking in the second degree under AS 11.41.345; 26
(K) sex trafficking in the third degree under AS 11.41.350; 27
(L) patron of a victim of sex trafficking under AS 11.41.355; 28
(M) sexual assault in the first degree under AS 11.41.410; 29
(N) sexual assault in the second degree under AS 11.41.420; 30
(O) sexual assault in the third degree under AS 11.41.425; 31 33-GH1029\U
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(P) sexual assault in the fourth degree under AS 11.41.427; 1
(Q) sexual abuse of a minor in the first degree under 2
AS 11.41.434; 3
(R) sexual abuse of a minor in the second degree under 4
AS 11.41.436; 5
(S) sexual abuse of a minor in the third degree under 6
AS 11.41.438; 7
(T) sexual abuse of a minor in the fourth degree under 8
AS 11.41.440; 9
(U) robbery in the first degree under AS 11.41.500; 10
(V) robbery in the second degree under AS 11.41.510; 11
(W) extortion under AS 11.41.520; 12
(X) coercion under AS 11.41.530; 13
(Y) distribution of child pornography under AS 11.61.125; or 14
(Z) possession of child pornography under AS 11.61.127; 15
(2) evidence supporting the prosecution under (a) of this section was 16
obtained or discovered as a result of the person reporting the crime to law 17
enforcement; and 18
(3) person cooperated with law enforcement personnel. 19
(c) Prostitution in the fourth degree is a class B misdemeanor. 20
* Sec. 39. AS 11.66.145 is amended to read: 21
Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 22
received or derived from, a violation of AS 11.66.101 - 11.66.106 [AS 11.66.100(e) 23
OR 11.66.110 - 11.66.135] may be forfeited at sentencing. 24
* Sec. 40. AS 11.66.150(2) is amended to read: 25
(2) "place of prostitution" means any place where a person, other than 26
a proprietor of the place, engages in sexual conduct in return for a fee; 27
* Sec. 41. AS 11.66.150 is amended by adding a new paragraph to read: 28
(5) "fee" does not include payment for reasonably apportioned shared 29
expenses of a residence. 30
* Sec. 42. AS 11.81.250(a) is amended to read: 31 33-GH1029\U
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(a) For purposes of sentencing under AS 12.55, all offenses defined in this 1
title, except murder in the first and second degree, attempted murder in the first 2
degree, solicitation to commit murder in the first degree, conspiracy to commit murder 3
in the first degree, murder of an unborn child, human trafficking in the first degree, 4
sexual assault in the first degree, sexual abuse of a minor in the first degree, 5
misconduct involving a controlled substance in the first degree, sex trafficking in the 6
first degree [UNDER AS 11.66.110(a)(2)], and kidnapping, are classified on the basis 7
of their seriousness, according to the type of injury characteristically caused or risked 8
by commission of the offense and the culpability of the offender. Except for murder in 9
the first and second degree, attempted murder in the first degree, solicitation to 10
commit murder in the first degree, conspiracy to commit murder in the first degree, 11
murder of an unborn child, human trafficking in the first degree, sexual assault in 12
the first degree, sexual abuse of a minor in the first degree, misconduct involving a 13
controlled substance in the first degree, sex trafficking in the first degree [UNDER 14
AS 11.66.110(a)(2)], and kidnapping, the offenses in this title are classified into the 15
following categories: 16
(1) class A felonies, which characteristically involve conduct resulting 17
in serious physical injury or a substantial risk of serious physical injury to a person; 18
(2) class B felonies, which characteristically involve conduct resulting 19
in less severe violence against a person than class A felonies, aggravated offenses 20
against property interests, or aggravated offenses against public administration or 21
order; 22
(3) class C felonies, which characteristically involve conduct serious 23
enough to deserve felony classification but not serious enough to be classified as A or 24
B felonies; 25
(4) class A misdemeanors, which characteristically involve less severe 26
violence against a person, less serious offenses against property interests, less serious 27
offenses against public administration or order, or less serious offenses against public 28
health and decency than felonies; 29
(5) class B misdemeanors, which characteristically involve a minor 30
risk of physical injury to a person, minor offenses against property interests, minor 31 33-GH1029\U
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offenses against public administration or order, or minor offenses against public health 1
and decency; 2
(6) violations, which characteristically involve conduct inappropriate 3
to an orderly society but which do not denote criminality in their commission. 4
* Sec. 43. AS 11.81.250(b) is amended to read: 5
(b) The classification of each felony defined in this title, except murder in the 6
first and second degree, attempted murder in the first degree, solicitation to commit 7
murder in the first degree, conspiracy to commit murder in the first degree, murder of 8
an unborn child, human trafficking in the first degree, sexual assault in the first 9
degree, sexual abuse of a minor in the first degree, misconduct involving a controlled 10
substance in the first degree, sex trafficking in the first degree [UNDER 11
AS 11.66.110(a)(2)], and kidnapping, is designated in the section defining it. A felony 12
under the law of this state defined outside this title for which no penalty is specifically 13
provided is a class C felony. 14
* Sec. 44. AS 11.81.900(b) is amended by adding new paragraphs to read: 15
(69) "adult entertainment" means an activity in which one or more 16
individuals are employed, contracted, or permitted to, wholly or in part, entertain 17
others by 18
(A) removing clothes or other items that clothe or hide the 19
person's body; 20
(B) dancing or in any other manner exhibiting the individual's 21
body in a completely or almost completely unclothed state; 22
(C) participating in a simulated illegal, indecent, or lewd 23
exhibition, act, or practice, including simulated 24
(i) sexual penetration; 25
(ii) the lewd exhibition or touching of a person's 26
genitals, anus, or breast; or 27
(iii) bestiality; 28
(70) "commercial sexual act" means a sexual act for which anything of 29
value is given or received by any person; 30
(71) "services, resources, or other assistance" includes financial 31 33-GH1029\U
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support, business services, lodging, transportation, providing false identification 1
documents or other documentation, equipment, facilities, or any other service or 2
property, regardless of whether a person is compensated; 3
(72) "sexual act" means sexual penetration or sexual contact; 4
(73) "victim of sex trafficking" means a person who has been induced 5
or caused to engage in a commercial sexual act under AS 11.41.340 - 11.41.350. 6
* Sec. 45. AS 12.10.010 is amended to read: 7
Sec. 12.10.010. General time limitations. (a) Prosecution for the following 8
offenses may be commenced at any time: 9
(1) murder; 10
(2) attempt, solicitation, or conspiracy to commit murder or hindering 11
the prosecution of murder; 12
(3) felony sexual abuse of a minor; 13
(4) sexual assault that is an unclassified, class A, or class B felony or a 14
violation of AS 11.41.425(a)(2) - (4); 15
(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 16
[AS 11.66.110 - 11.66.130,] or former AS 11.41.430, when committed against a 17
person who, at the time of the offense, was under 18 years of age; 18
(6) kidnapping; 19
(7) distribution of child pornography in violation of AS 11.61.125; 20
(8) sex trafficking violation of AS 11.41.340 or 11.41.345 21
[AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR CLASS B 22
FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT THE 23
TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE]; 24
(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 25
(b) Except as otherwise provided by law or in (a) of this section, a person may 26
not be prosecuted, tried, or punished for an offense unless the indictment is found or 27
the information or complaint is instituted not later than 28
(1) 10 years after the commission of a felony offense in violation of 29
AS 11.41.120 - 11.41.330, 11.41.350, 11.41.366, 11.41.425(a)(1), 11.41.425(a)(5), 30
11.41.425(a)(6), or 11.41.450 - 11.41.458; or 31 33-GH1029\U
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(2) five years after the commission of any other offense. 1
* Sec. 46. AS 12.37.010 is amended to read: 2
Sec. 12.37.010. Authorization to intercept communications. The attorney 3
general, or a person designated in writing or by law to act for the attorney general, 4
may authorize, in writing, an ex parte application to a court of competent jurisdiction 5
for an order authorizing the interception of a private communication if the interception 6
may provide evidence of, or may assist in the apprehension of persons who have 7
committed, are committing, or are planning to commit, the following offenses: 8
(1) murder in the first or second degree under AS 11.41.100 - 9
11.41.110; 10
(2) kidnapping under AS 11.41.300; 11
(3) a class A or unclassified felony drug offense under AS 11.71; 12
(4) sex trafficking in the first or second degree under AS 11.41.340 or 13
11.41.345 [AS 11.66.110 AND 11.66.120]; or 14
(5) human trafficking [IN THE FIRST DEGREE] under AS 11.41.360 15
or 11.41.365. 16
* Sec. 47. AS 12.45.049 is amended to read: 17
Sec. 12.45.049. Privilege relating to domestic violence, sex trafficking, and 18
sexual assault counseling. Confidential communications between a victim of 19
domestic violence, sex trafficking, or sexual assault and a victim counselor are 20
privileged under AS 18.66.200 - 18.66.250. 21
* Sec. 48. AS 12.55.015 is amended by adding a new subsection to read: 22
(m) In addition to the penalties authorized by this section, if a defendant holds 23
a business license and is convicted of an offense under AS 11.41.340 - 11.41.366, and 24
the defendant used the business in furtherance of the offense, the court shall revoke the 25
defendant's business license. 26
* Sec. 49. AS 12.55.035(b) is amended to read: 27
(b) Upon conviction of an offense, a defendant who is not an organization may 28
be sentenced to pay, unless otherwise specified in the provision of law defining the 29
offense, a fine of not more than 30
(1) $500,000 for murder in the first or second degree, attempted 31 33-GH1029\U
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murder in the first degree, murder of an unborn child, human trafficking in the first 1
degree, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), 2
sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first 3
degree [UNDER AS 11.66.110(a)(2)], or misconduct involving a controlled substance 4
in the first degree; 5
(2) $250,000 for a class A felony; 6
(3) $100,000 for a class B felony; 7
(4) $50,000 for a class C felony; 8
(5) $25,000 for a class A misdemeanor; 9
(6) $2,000 for a class B misdemeanor; 10
(7) $500 for a violation. 11
* Sec. 50. AS 12.55.078(f) is amended to read: 12
(f) The court may not suspend the imposition or entry of judgment and may 13
not defer prosecution under this section of a person who 14
(1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 15
- 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 16
AS 11.46.400, AS 11.61.125 - 11.61.128, AS 11.66.101, or 11.66.102 [OR 17
AS 11.66.110 - 11.66.135]; 18
(2) uses a firearm in the commission of the offense for which the 19
person is charged; 20
(3) has previously been granted a suspension of judgment under this 21
section or a similar statute in another jurisdiction, unless the court enters written 22
findings that by clear and convincing evidence the person's prospects for rehabilitation 23
are high and suspending judgment under this section adequately protects the victim of 24
the offense, if any, and the community; 25
(4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 26
and the person has one or more prior convictions for a misdemeanor violation of 27
AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 28
having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 29
felony in this state; for the purposes of this paragraph, a person shall be considered to 30
have a prior conviction even if 31 33-GH1029\U
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(A) the charges were dismissed under this section; 1
(B) the conviction has been set aside under AS 12.55.085; or 2
(C) the charge or conviction was dismissed or set aside under 3
an equivalent provision of the laws of another jurisdiction; or 4
(5) is charged with a crime involving domestic violence, as defined in 5
AS 18.66.990. 6
* Sec. 51. AS 12.55.085(f) is amended to read: 7
(f) The court may not suspend the imposition of sentence of a person who 8
(1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 9
- 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 10
AS 11.46.400, AS 11.61.125 - 11.61.128, AS 11.66.101, or 11.66.102 [OR 11
AS 11.66.110 - 11.66.135]; 12
(2) uses a firearm in the commission of the offense for which the 13
person is convicted; or 14
(3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 15
and the person has one or more prior convictions for a misdemeanor violation of 16
AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 17
having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 18
felony in this state; for the purposes of this paragraph, a person shall be considered to 19
have a prior conviction even if that conviction has been set aside under (e) of this 20
section or under the equivalent provision of the laws of another jurisdiction. 21
* Sec. 52. AS 12.55.125(b) is amended to read: 22
(b) A defendant convicted of attempted murder in the first degree, solicitation 23
to commit murder in the first degree, conspiracy to commit murder in the first degree, 24
kidnapping, human trafficking in the first degree, or misconduct involving a 25
controlled substance in the first degree shall be sentenced to a definite term of 26
imprisonment of at least five years but not more than 99 years. A defendant convicted 27
of murder in the second degree or murder of an unborn child und er 28
AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at 29
least 15 years but not more than 99 years. A defendant convicted of murder in the 30
second degree shall be sentenced to a definite term of imprisonment of at least 20 31 33-GH1029\U
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years but not more than 99 years when the defendant is convicted of the murder of a 1
child under 16 years of age and the court finds by clear and convincing evidence that 2
the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal 3
guardian, or a person occupying a position of authority in relation to the child; or (2) 4
caused the death of the child by committing a crime against a person under 5
AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 6
authority" have the meanings given in AS 11.41.470. 7
* Sec. 53. AS 12.55.125(i) is amended to read: 8
(i) A defendant convicted of 9
(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 10
(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 11
under AS 11.41.455(c)(2), or sex trafficking in the first degree [UNDER 12
AS 11.66.110(a)(2)] may be sentenced to a definite term of imprisonment of not more 13
than 99 years and shall be sentenced to a definite term within the following 14
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 15
(A) if the offense is a first felony conviction, the offense does 16
not involve circumstances described in (B) of this paragraph, and the victim 17
was 18
(i) less than 13 years of age, 25 to 35 years; 19
(ii) 13 years of age or older, 20 to 30 years; 20
(B) if the offense is a first felony conviction and the defendant 21
possessed a firearm, used a dangerous instrument, or caused serious physical 22
injury during the commission of the offense, 25 to 35 years; 23
(C) if the offense is a second felony conviction and does not 24
involve circumstances described in (D) of this paragraph, 30 to 40 years; 25
(D) if the offense is a second felony conviction and the 26
defendant has a prior conviction for a sexual felony, 35 to 45 years; 27
(E) if the offense is a third felony conviction and the defendant 28
is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 29
to 60 years; 30
(F) if the offense is a third felony conviction, the defendant is 31 33-GH1029\U
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not subject to sentencing under (l) of this section, and the defendant has two 1
prior convictions for sexual felonies, 99 years; 2
(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), sex 3
trafficking in the second degree, unlawful exploitation of a minor under 4
AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), or attempt, 5
conspiracy, or solicitation to commit sexual assault in the first degree under 6
AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, 7
unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex trafficking in the 8
first degree [UNDER AS 11.66.110(a)(2)] may be sentenced to a definite term of 9
imprisonment of not more than 99 years and shall be sentenced to a definite term 10
within the following presumptive ranges, subject to adjustment as provided in 11
AS 12.55.155 - 12.55.175: 12
(A) if the offense is a first felony conviction, the offense does 13
not involve circumstances described in (B) of this paragraph, and the victim 14
was 15
(i) under 13 years of age, 20 to 30 years; 16
(ii) 13 years of age or older, 15 to 30 years; 17
(B) if the offense is a first felony conviction and the defendant 18
possessed a firearm, used a dangerous instrument, or caused serious physical 19
injury during the commission of the offense, 25 to 35 years; 20
(C) if the offense is a second felony conviction and does not 21
involve circumstances described in (D) of this paragraph, 25 to 35 years; 22
(D) if the offense is a second felony conviction and the 23
defendant has a prior conviction for a sexual felony, 30 to 40 years; 24
(E) if the offense is a third felony conviction, the offense does 25
not involve circumstances described in (F) of this paragraph, and the defendant 26
is not subject to sentencing under (l) of this section, 35 to 50 years; 27
(F) if the offense is a third felony conviction, the defendant is 28
not subject to sentencing under (l) of this section, and the defendant has two 29
prior convictions for sexual felonies, 99 years; 30
(3) sex trafficking in the third degree under AS 11.41.350(b)(1), 31 33-GH1029\U
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patron of a victim of sex trafficking under AS 11.41.355(c)(1), sexual assault in the 1
second degree, sexual abuse of a minor in the second degree, enticement of a minor 2
under AS 11.41.452(d), indecent exposure in the first degree un der 3
AS 11.41.458(b)(2), indecent viewing or production of a picture under 4
AS 11.61.123(g)(1), distribution of child pornography under AS 11.61.125(e)(2), or 5
attempt, conspiracy, or solicitation to commit sexual assault in the first degree under 6
AS 11.41.410(a)(1)(B), sex trafficking in the second degree, unlawful exploitation 7
of a minor under AS 11.41.455(c)(1), or enticement of a minor under 8
AS 11.41.452(e) may be sentenced to a definite term of imprisonment of not more 9
than 99 years and shall be sentenced to a definite term within the following 10
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 11
(A) if the offense is a first felony conviction, five to 15 years; 12
(B) if the offense is a second felony conviction and does not 13
involve circumstances described in (C) of this paragraph, 10 to 25 years; 14
(C) if the offense is a second felony conviction and the 15
defendant has a prior conviction for a sexual felony, 15 to 30 years; 16
(D) if the offense is a third felony conviction and does not 17
involve circumstances described in (E) of this paragraph, 20 to 35 years; 18
(E) if the offense is a third felony conviction and the defendant 19
has two prior convictions for sexual felonies, 99 years; 20
(4) sex trafficking in the third degree under AS 11.41.350(b)(2), 21
patron of a victim of sex trafficking under AS 11.41.355(c)(2), sexual assault in the 22
third degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), 23
incest, indecent exposure in the first degree under AS 11.41.458(b)(1), indecent 24
viewing or production of a picture under AS 11.61.123(g)(2) [AS 11.61.123(f)(1) OR 25
(2)], possession of child pornography, distribution of child pornography under 26
AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sex trafficking 27
in the third degree under AS 11.41.350(b)(1), patron of a victim of sex trafficking 28
under AS 11.41.355(c)(1), sexual assault in the second degree, sexual abuse of a 29
minor in the second degree, indecent viewing or production of a picture under 30
AS 11.61.123(g)(1), [UNLAWFUL EXPLOITATION OF A MINOR,] or distribution 31 33-GH1029\U
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of child pornography under AS 11.61.125(e)(2), may be sentenced to a definite term 1
of imprisonment of not more than 99 years and shall be sentenced to a definite term 2
within the following presumptive ranges, subject to adjustment as provided in 3
AS 12.55.155 - 12.55.175: 4
(A) if the offense is a first felony conviction and does not 5
involve the circumstances described in (B) or (C) of this paragraph, two to 12 6
years; 7
(B) if the offense is a first felony conviction under 8
AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 9
paragraph, four to 12 years; 10
(C) if the offense is a first felony conviction under 11
AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 12
a mechanism for multi-party sharing or distribution of child pornography, or 13
received a financial benefit or had a financial interest in a child pornography 14
sharing or distribution mechanism, six to 14 years; 15
(D) if the offense is a second felony conviction and does not 16
involve circumstances described in (E) of this paragraph, eight to 15 years; 17
(E) if the offense is a second felony conviction and the 18
defendant has a prior conviction for a sexual felony, 12 to 20 years; 19
(F) if the offense is a third felony conviction and does not 20
involve circumstances described in (G) of this paragraph, 15 to 25 years; 21
(G) if the offense is a third felony conviction and the defendant 22
has two prior convictions for sexual felonies, 99 years. 23
* Sec. 54. AS 12.55.135 is amended by adding a new subsection to read: 24
(q) A defendant convicted under AS 11.66.104 shall be sentenced to a 25
minimum term of imprisonment of 72 hours if the defendant has been previously 26
convicted once in the previous five years in this or another jurisdiction of an offense 27
under AS 11.66.104 or an offense under another law or ordinance with similar 28
elements. 29
* Sec. 55. AS 12.55.185(10) is amended to read: 30
(10) "most serious felony" means 31 33-GH1029\U
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(A) arson in the first degree, [SEX TRAFFICKING IN THE 1
FIRST DEGREE UNDER AS 11.66.110(a)(2),] enticement of a minor under 2
AS 11.41.452(e), or any unclassified or class A felony prescribed under 3
AS 11.41; or 4
(B) an attempt, or conspiracy to commit, or criminal 5
solicitation under AS 11.31.110 of, an unclassified felony prescribed under 6
AS 11.41; 7
* Sec. 56. AS 12.55.185(16) is amended to read: 8
(16) "sexual felony" means sexual assault in the first degree, sexual 9
abuse of a minor in the first degree, sex trafficking in the first degree, sex trafficking 10
in the second degree, sexual assault in the second degree, sexual abuse of a minor in 11
the second degree, sex trafficking in the third degree, patron of a victim of sex 12
trafficking, sexual abuse of a minor in the third degree under AS 11.41.438(c), 13
unlawful exploitation of a minor, indecent viewing or production of a picture under 14
AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], distribution of child 15
pornography, sexual assault in the third degree, incest, indecent exposure in the first 16
degree, possession of child pornography, enticement of a minor, and felony attempt, 17
conspiracy, or solicitation to commit those crimes; 18
* Sec. 57. AS 12.61.125(a) is amended to read: 19
(a) The defendant accused of a sex [SEXUAL] offense, the defendant's 20
counsel, or an investigator or other person acting on behalf of the defendant, may not 21
(1) notwithstanding AS 12.61.120, contact the victim of the offense or 22
a witness to the offense if the victim or witness, or the parent or guardian of the victim 23
or witness if the victim or witness is a minor, has informed the defendant or the 24
defendant's counsel in writing or in person that the victim or witness does not wish to 25
be contacted by the defense; a victim or witness who has not informed the defendant 26
or the defendant's counsel in writing or in person that the victim does not wish to be 27
contacted by the defense is entitled to rights as provided in AS 12.61.120; 28
(2) obtain a statement from the victim of the offense or a witness to the 29
offense, unless, 30
(A) if the statement is taken as a recording, the recording is 31 33-GH1029\U
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taken in compliance with AS 12.61.120, and written authorization is first 1
obtained from the victim or witness, or from the parent or guardian of the 2
victim or witness if the victim or witness is a minor; the written authorization 3
must state that the victim or witness is aware that there is no legal requirement 4
that the victim or witness talk to the defense; or 5
(B) if the statement is not taken as a recording, written 6
authorization is first obtained from the victim or witness, or from the parent or 7
guardian of the victim or witness if the victim or witness is a minor; the written 8
authorization must state that the victim or witness is aware that there is no 9
legal requirement that the victim or witness talk to the defense; a victim or 10
witness making a statement under this subparagraph remains entitled to rights 11
as provided in AS 12.61.120. 12
* Sec. 58. AS 12.61.125(d) is amended by adding a new paragraph to read: 13
(3) "sex offense" has the meaning given in AS 12.63.100 and includes 14
a crime, or an attempt, solicitation, or conspiracy to commit a crime under 15
AS 11.41.440(a)(1). 16
* Sec. 59. AS 12.61.140 is amended to read: 17
Sec. 12.61.140. Disclosure of victim's name. (a) The portion of the records of 18
a court or law enforcement agency that contains the name of the victim of an offense 19
under AS 11.41.300(a)(1)(C) or a victim of a sex offense [11.41.410 - 11.41.460] 20
(1) shall be withheld from public inspection, except with the consent of 21
the court in which the case is or would be prosecuted; and 22
(2) is not a public record under AS 40.25.110 - 40.25.125. 23
(b) In all written court records open to public inspection, the name of the 24
victim of an offense under AS 11.41.300(a)(1)(C) or a victim of a sex offense 25
[11.41.410 - 11.41.460] may not appear. Instead, the victim's initials shall be used. 26
However, a sealed record containing the victim's name shall be kept by the court in 27
order to ensure that a defendant is not charged twice for the same offense. 28
* Sec. 60. AS 12.61.140 is amended by adding a new subsection to read: 29
(c) In this section, "sex offense" has the meaning given in AS 12.63.100 and 30
includes a crime, or an attempt, solicitation, or conspiracy to commit a crime, under 31 33-GH1029\U
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AS 11.41.440(a)(1). 1
* Sec. 61. AS 12.62.900(23) is amended to read: 2
(23) "serious offense" means a conviction for a violation or for an 3
attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 4
or of the laws of another jurisdiction with substantially similar elements: 5
(A) a felony offense; 6
(B) a crime involving domestic violence; 7
(C) AS 11.41.410 - 11.41.470; 8
(D) AS 11.51.130 or 11.51.200 - 11.56.210; 9
(E) AS 11.61.110(a)(7) or 11.61.125; 10
(F) AS 11.66.101 [AS 11.66.100 - 11.66.130]; 11
(G) former AS 11.15.120, former 11.15.134, or assault with the 12
intent to commit rape under former AS 11.15.160; or 13
(H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 14
11.40.420, if committed before January 1, 1980. 15
* Sec. 62. AS 12.63.100(7) is amended to read: 16
(7) "sex offense" means 17
(A) a crime under AS 11.41.100(a)(3), or a similar law of 18
another jurisdiction, in which the person committed or attempted to commit a 19
sexual offense, or a similar offense under the laws of the other jurisdiction; in 20
this subparagraph, "sexual offense" has the meaning given in 21
AS 11.41.100(a)(3); 22
(B) a crime under AS 11.41.110(a)(3), or a similar law of 23
another jurisdiction, in which the person committed or attempted to commit 24
one of the following crimes, or a similar law of another jurisdiction: 25
(i) sexual assault in the first degree; 26
(ii) sexual assault in the second degree; 27
(iii) sexual abuse of a minor in the first degree; or 28
(iv) sexual abuse of a minor in the second degree; 29
(C) a crime, or an attempt, solicitation, or conspiracy to commit 30
a crime, under the following statutes or a similar law of another jurisdiction: 31 33-GH1029\U
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(i) AS 11.41.410 - 11.41.438; 1
(ii) AS 11.41.440(a)(2); 2
(iii) AS 11.41.450 - 11.41.458; 3
(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 4
exposure is before a person under 16 years of age and the offender has 5
previously been convicted under AS 11.41.460 or AS 26.05.900(c); 6
(v) AS 11.61.125 - 11.61.128; 7
(vi) former AS 11.66.110, former 11.66.130(a)(2)(B), 8
or AS 26.05.900(b) if the person who was induced or caused to engage 9
in prostitution was under 20 years of age at the time of the offense; 10
(vii) former AS 11.15.120, former 11.15.134, or assault 11
with the intent to commit rape under former AS 11.15.160, former 12
AS 11.40.110, or former 11.40.200; 13
(viii) AS 11.61.118(a)(2) if the offender has a previous 14
conviction for that offense; 15
(ix) [AS 11.66.100(a)(2) IF THE OFFENDER IS 16
SUBJECT TO PUNISHMENT UNDER AS 11.66.100(e); 17
(x)] AS 26.05.890 if the person engaged in sexual 18
penetration or sexual contact with the victim; 19
(x) [(xi)] AS 26.05.890 if, at the time of the offense, the 20
victim is under a duty to obey the lawful orders of the offender, 21
regardless of whether the offender is in the direct chain of command 22
over the victim; 23
(xi) [(xii)] AS 26.05.893 if the person engaged in sexual 24
penetration or sexual contact with the victim; 25
(xii) [(xiii)] AS 26.05.900(a)(1) - (4) if the victim is 26
under 18 years of age at the time of the offense; 27
(xiii) [(xiv)] AS 26.05.900 if, at the time of the offense, 28
the victim is under a duty to obey the lawful orders of the offender, 29
regardless of whether the offender is in the direct chain of command 30
over the victim; [OR] 31 33-GH1029\U
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(xiv) [(xv)] AS 11.61.123 if the offender is subject to 1
punishment under AS 11.61.123(g)(1) or (2); or 2
(xv) AS 11.41.340, 11.41.345, or 11.41.355 3
[AS 11.61.123(f)(1) OR (2)]; 4
(D) an offense, or an attempt, solicitation, or conspiracy to 5
commit an offense, under AS 26.05.935(b), or a similar law of another 6
jurisdiction, if the member of the militia commits one of the following 7
enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 8
Code of Military Justice): 9
(i) child pornography; or 10
(ii) pandering and prostitution if the person who is 11
induced, enticed, caused, or procured to engage in a sexual act is under 12
21 [20] years of age at the time of the offense; or 13
(E) an offense in which the person is required to register as a 14
sex offender under the laws of another jurisdiction; 15
* Sec. 63. AS 12.72 is amended by adding new sections to read: 16
Sec. 12.72.100. Vacation of judgment of conviction for prostitution. A 17
person may petition the court to vacate the judgment if, at the time of the offense, the 18
person was or would have been a victim of sex trafficking as defined in 19
AS 11.81.900(b) and was convicted or adjudicated delinquent for prostitution under 20
former AS 11.66.100 or under AS 11.66.106 or a similar municipal ordinance. 21
Sec. 12.72.105. Filing of petition for vacation of judgment. (a) A person 22
seeking a vacation of judgment under this chapter shall file a petition with the clerk at 23
the court location where the underlying criminal case was filed and serve a copy on 24
the prosecuting authority responsible for obtaining the conviction. 25
(b) If the prosecuting authority does not file a response within 45 days after 26
service of the petition, the court may grant the vacation of judgment without further 27
proceedings. 28
Sec. 12.72.110. Limitations on petition for vacation of judgment. (a) A 29
person may file a petition under this chapter only after a judgment has been entered on 30
the person's case or, if the conviction was appealed, after the court's decision on the 31 33-GH1029\U
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case is final under the Alaska Rules of Appellate Procedure. 1
(b) An action for a petition for vacation of judgment under AS 12.72.100 does 2
not give rise to the right to a trial by jury. 3
Sec. 12.72.115. Presumption and burden of proof in vacation of judgment 4
proceedings. (a) The person petitioning the court for a vacation of judgment of 5
conviction or adjudication of delinquency for prostitution under former AS 11.66.100 6
or under AS 11.66.106 or a similar municipal ordinance must prove all factual 7
assertions by a preponderance of the evidence. 8
(b) There is a rebuttable presumption that a person who was under 21 years of 9
age at the time of an offense under AS 11.66.106 was or would have been a victim of 10
sex trafficking. 11
Sec. 12.72.120. Vacation of judgment. (a) If the court grants the petition for a 12
vacation of judgment, 13
(1) the judgment of conviction or adjudication of delinquency for 14
prostitution under former AS 11.66.100 or under AS 11.66.106 or a similar municipal 15
ordinance shall be vacated; 16
(2) the Alaska Court System may not publish on a publicly available 17
Internet website the court records of the conviction for prostitution under former 18
AS 11.66.100 or under AS 11.66.106 or a similar municipal ordinance if the person 19
was not convicted of a felony charge in that case; and 20
(3) the Department of Public Safety may not release information 21
related to the conviction for prostitution under former AS 11.66.100 or under 22
AS 11.66.106 or a similar municipal ordinance in response to a request under 23
AS 12.62.160(b)(6), (8), or (9). 24
(b) The Alaska Court System shall remove a person's court records from a 25
publicly available Internet website under (a)(2) of this section within 30 days after the 26
court grants a petition for vacation of judgment. 27
* Sec. 64. AS 14.03.016(d)(2) is amended to read: 28
(2) "human reproduction or sexual matters" does not include curricula 29
or materials for 30
(A) sex trafficking, human trafficking, sexual abuse, and 31 33-GH1029\U
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sexual assault awareness and prevention training required under AS 14.30.355; 1
or 2
(B) dating violence and abuse awareness and prevention 3
training required under AS 14.30.356; 4
* Sec. 65. AS 14.20.020(k) is amended to read: 5
(k) Except as provided in AS 14.20.015, a person is not eligible for a teacher 6
certificate unless the person has completed training regarding alcohol and drug related 7
disabilities required under AS 14.20.680, training regarding sex trafficking, human 8
trafficking, sexual abuse, and sexual assault awareness and prevention required under 9
AS 14.30.355, training regarding dating violence and abuse awareness and prevention 10
required under AS 14.30.356, and training related to suicide prevention required under 11
AS 14.30.362. 12
* Sec. 66. AS 14.20.030(b) is amended to read: 13
(b) The commissioner or the Professional Teaching Practices Commission 14
shall revoke for life the certificate of a person who has been convicted of a crime, or 15
an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 16
AS 11.41.340 - 11.41.357, 11.41.410 - 11.41.460 [AS 11.41.410 - 11.41.460], 17
AS 11.61.125, or 11.61.127, or a law or ordinance in another jurisdiction with 18
elements similar to an offense described in this subsection. 19
* Sec. 67. AS 14.30.355(a) is amended to read: 20
(a) The governing body of each school district shall adopt and implement a 21
policy, establish a training program for employees and students, and provide 22
[PARENT] notices relating to sex trafficking, human trafficking, sexual abuse, and 23
sexual assault awareness and prevention for students enrolled in grades kindergarten 24
through 12. 25
* Sec. 68. AS 14.30.355(b) is amended to read: 26
(b) The policy and [,] training [, AND NOTICES] adopted under this section 27
must include 28
(1) an age-appropriate and trauma-informed approach 29
[INFORMATION]; 30
(2) warning signs of sexual abuse of a child, grooming, attempted sex 31 33-GH1029\U
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trafficking, and attempted human trafficking; 1
(3) referral and resource information; 2
(4) available student counseling and educational support; 3
(5) information related to safe online practices and warning signs 4
of grooming and attempted sex trafficking and human trafficking through 5
electronic means [METHODS FOR INCREASING TEACHER, STUDENT, AND 6
PARENT AWARENESS OF ISSUES REGARDING SEXUAL ABUSE OF 7
CHILDREN]; 8
(6) actions that a child may take to prevent and report sex trafficking, 9
human trafficking, sexual abuse or sexual assault; [AND] 10
(7) a scalable, repeatable program; and 11
(8) use of evidence-based best practices [A PROCEDURE 12
ALLOWING A STUDENT TO BE EXCUSED FROM PARTICIPATING IN 13
TRAINING OR FROM RECEIVING NOTICES UNDER THIS SECTION AT THE 14
WRITTEN REQUEST OF A PARENT OR GUARDIAN OF THE STUDENT, OR 15
OF THE STUDENT IF THE STUDENT IS EMANCIPATED OR 18 YEARS OF 16
AGE OR OLDER]. 17
* Sec. 69. AS 14.30.355(d) is amended by adding new paragraphs to read: 18
(3) "human trafficking" means a violation of AS 11.41.360 - 19
11.41.366; 20
(4) "sex trafficking" means a violation of AS 11.41.340 - 11.41.350. 21
* Sec. 70. AS 14.30.355 is amended by adding a new subsection to read: 22
(e) A notice adopted under this section must notify parents or guardians of a 23
student, or a student who is emancipated or 18 years of age or older, of 24
(1) a procedure allowing the student to be excused from participating 25
in the training or from receiving subsequent notices of the training at the written 26
request of the parent or guardian of the student, or, if the student is emancipated or 18 27
years of age or older, at the request of the student; and 28
(2) an option to receive a summary of the materials and information 29
provided in the training if the parent, guardian, or student requested that the student be 30
excused from participation or from receiving notices of the training under (1) of this 31 33-GH1029\U
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subsection. 1
* Sec. 71. AS 14.30.361(d) is amended to read: 2
(d) The requirements under (a) of this section do not apply to 3
(1) sex trafficking, human trafficking, sexual abuse, and sexual 4
assault awareness and prevention training required under AS 14.30.355; or 5
(2) dating violence and abuse awareness and prevention training 6
required under AS 14.30.356. 7
* Sec. 72. AS 14.45 is amended by adding a new section to read: 8
Sec. 14.45.115. Disqualifying convictions for teachers. An individual may 9
not be employed or volunteer as a teacher in a religious or other private school if the 10
individual has been convicted of a crime, or an attempt, solicitation, or conspiracy to 11
commit a crime, under AS 11.41.340 - 11.41.355, or a law or ordinance in another 12
jurisdiction with elements similar to a crime under AS 11.41.340 - 11.41.355. 13
* Sec. 73. AS 18.66.210 is amended to read: 14
Sec. 18.66.210. Exceptions. The privilege provided under AS 18.66.200 does 15
not apply to 16
(1) reports of suspected child abuse or neglect under AS 47.17; 17
(2) evidence that the victim is about to commit a crime; 18
(3) a proceeding that occurs after the victim's death; 19
(4) a communication relevant to an issue of breach by the victim or 20
victim counselor of a duty arising out of the victim-victim counselor relationship; 21
(5) a communication that is determined to be admissible hearsay as an 22
excited utterance under the Alaska Rules of Evidence; 23
(6) a child-in-need-of-aid proceeding under AS 47.10; 24
(7) a communication made during the victim-victim counselor 25
relationship if the services of the counselor were sought, obtained, or used to enable 26
anyone to commit or plan a crime or to escape detection or apprehension after the 27
commission of a crime; or 28
(8) a criminal proceeding concerning criminal charges against a victim 29
of domestic violence, sex trafficking, or sexual assault in which [WHERE] the victim 30
is charged with a crime 31 33-GH1029\U
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(A) under AS 11.41 against a minor; or 1
(B) in which the physical, mental, or emotional condition of the 2
victim is raised in defense of the victim. 3
* Sec. 74. AS 18.66.250(1) is amended to read: 4
(1) "confidential communication" means information exchanged 5
between a victim and a victim counselor in private or in the presence of a third party 6
who is necessary to facilitate communication or further the counseling process and 7
that is disclosed in the course of victim counseling resulting from sex trafficking, a 8
sexual assault, or domestic violence; 9
* Sec. 75. AS 18.66.250(3) is amended to read: 10
(3) "victim" means a person who consults a victim counselor for 11
assistance in overcoming adverse effects of a sexual assault, sex trafficking, or 12
domestic violence; 13
* Sec. 76. AS 18.66.250(4) is amended to read: 14
(4) "victim counseling" means support, assistance, advice, or treatment 15
to alleviate the adverse effects of sex trafficking, a sexual assault, or domestic 16
violence on the victim; 17
* Sec. 77. AS 18.66.250(5) is amended to read: 18
(5) "victim counseling center" means a private organization, an 19
organization operated by or contracted by a branch of the armed forces of the United 20
States, or a local government agency that 21
(A) has, as one of its primary purposes, the provision of direct 22
services to victims for trauma resulting from [A] sexual assault, sex 23
trafficking, or domestic violence; 24
(B) is not affiliated with a law enforcement agency or a 25
prosecutor's office; and 26
(C) is not on contract with the state to provide services under 27
AS 47; 28
* Sec. 78. AS 18.66.250(6) is amended to read: 29
(6) "victim counselor" means an employee or supervised volunteer of a 30
victim counseling center that provides counseling to victims 31 33-GH1029\U
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(A) who has undergone a minimum of 40 hours of training in 1
sex trafficking, domestic violence, or sexual assault, crisis intervention, victim 2
support, treatment, and related areas; or 3
(B) whose duties include victim counseling. 4
* Sec. 79. AS 18.66.990(2) is amended to read: 5
(2) "crisis intervention and prevention program" means a community 6
program that provides information, education, counseling, and referral services to 7
individuals experiencing personal crisis related to domestic violence, sex trafficking, 8
or sexual assault and to individuals in personal or professional transition, excluding 9
correctional half-way houses, outpatient mental health programs, and drug or alcohol 10
rehabilitation programs; 11
* Sec. 80. AS 18.67.080(a) is amended to read: 12
(a) In a case in which a person is injured or killed by an incident specified in 13
AS 18.67.101(1), [OR] by the act of any other person that is within the description of 14
offenses listed in AS 18.67.101(2), or as a result of the person's involvement in a 15
commercial sexual act as described in AS 18.67.101(3), the board may order the 16
payment of compensation in accordance with the provisions of this chapter: 17
(1) to or for the benefit of the injured person; 18
(2) in the case of personal injury or death of the victim, to a person 19
responsible or who had been responsible for the maintenance of the victim who has 20
suffered pecuniary loss or incurred expenses as a result of the injury or death; 21
(3) in the case of death of the victim, to or for the benefit of one or 22
more of the dependents of the victim; or 23
(4) to the provider of a service under AS 18.67.110(b). 24
* Sec. 81. AS 18.67.101 is amended to read: 25
Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 26
board may order the payment of compensation in accordance with the provisions of 27
this chapter for personal injury or death that resulted from 28
(1) an attempt on the part of the applicant to prevent the commission of 29
crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 30
officer to do so, or aiding a victim of crime; [OR] 31 33-GH1029\U
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(2) the commission or attempt on the part of one other than the 1
applicant to commit any of the following offenses: 2
(A) murder in any degree; 3
(B) manslaughter; 4
(C) criminally negligent homicide; 5
(D) assault in any degree; 6
(E) kidnapping; 7
(F) sexual assault in any degree; 8
(G) sexual abuse of a minor; 9
(H) robbery in any degree; 10
(I) threats to do bodily harm; 11
(J) driving while under the influence of an alcoholic beverage, 12
inhalant, or controlled substance or another crime resulting from the operation 13
of a motor vehicle, boat, or airplane when the offender is under the influence 14
of an alcoholic beverage, inhalant, or controlled substance; 15
(K) arson in the first degree; 16
(L) [SEX TRAFFICKING IN VIOLATION OF AS 11.66.110 17
OR 11.66.130(a)(2)(B); 18
(M)] human trafficking in any degree; or 19
(M) [(N)] unlawful exploitation of a minor; or 20
(3) the applicant's having been induced or caused to engage in a 21
commercial sexual act under AS 11.41.340 - 11.41.350. 22
* Sec. 82. AS 18.85.100(c) is amended to read: 23
(c) An indigent person is entitled to representation under (a) and (b) of this 24
section for purposes of bringing a timely application for post-conviction relief or 25
petition for vacation of judgment under AS 12.72. An indigent person is not entitled 26
to representation under (a) and (b) of this section for purposes of bringing 27
(1) an untimely or successive application for post-conviction relief or 28
petition for vacation of judgment under AS 12.72 or an untimely or successive 29
motion for reduction or modification of sentence; 30
(2) a petition for review or certiorari from an appellate court ruling on 31 33-GH1029\U
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an application for post-conviction relief; or 1
(3) an action or claim for habeas corpus in federal court attacking a 2
state conviction. 3
* Sec. 83. AS 28.15.046(c) is amended to read: 4
(c) The department may not issue a license under this section to an applicant 5
(1) who has been convicted of any of the following offenses: 6
(A) a violation, or an attempt, solicitation, or conspiracy to 7
commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 8
11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 9
(B) a felony violation of endangering the welfare of a child in 10
the first degree under AS 11.51.100; 11
(C) felony indecent viewing or production of a picture under 12
AS 11.61.123; 13
(D) distribution of child pornography under AS 11.61.125; 14
(E) possession of child pornography under AS 11.61.127; 15
(F) distribution of indecent material to minors under 16
AS 11.61.128; 17
(G) felony prostitution under AS 11.66.101 or 11.66.102 18
[AS 11.66.100(e)]; 19
(H) sex trafficking in the first, second, or third degree [UNDER 20
AS 11.66.110 - 11.66.130]; 21
(I) a felony involving distribution of a controlled substance 22
under AS 11.71 or imitation controlled substance under AS 11.73; 23
(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 24
(K) patron of a victim of sex trafficking under 25
AS 11.41.355; or 26
(2) who has been convicted of any of the following offenses and less 27
than two years have elapsed since the applicant's date of conviction for the offense: 28
(A) assault in the fourth degree under AS 11.41.230; 29
(B) reckless endangerment under AS 11.41.250; 30
(C) contributing to the delinquency of a minor under 31 33-GH1029\U
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AS 11.51.130; 1
(D) misdemeanor prostitution under AS 11.66.104 or 2
11.66.106 [AS 11.66.100(a)(2)]; 3
(E) a misdemeanor violation of endangering the welfare of a 4
child in the first degree under AS 11.51.100. 5
* Sec. 84. AS 34.03.360(10) is amended to read: 6
(10) "illegal activity involving a place of prostitution" means a 7
violation of AS 11.66.101(a) [AS 11.66.120(a)(1) OR 11.66.130(a)(2)(A) OR (D)]; 8
* Sec. 85. AS 34.03.360(17) is amended to read: 9
(17) "prostitution" means an act in violation of AS 11.66.101 - 10
11.66.106 [AS 11.66.100]; 11
* Sec. 86. AS 43.23.005 is amended by adding a new subsection to read: 12
(i) The provisions of (d) of this section do not apply if an individual's 13
conviction was vacated during the qualifying year under AS 12.72. If an individual 14
becomes eligible under this subsection, the individual is eligible to receive a 15
permanent fund dividend only for the qualifying year in which the conviction was 16
vacated and each subsequent qualifying year for which the individual is otherwise 17
eligible under this section. 18
* Sec. 87. AS 44.23.080(a) is amended to read: 19
(a) If there is reasonable cause to believe that an Internet service account has 20
been used in connection with a violation of AS 11.41.340 - 11.41.350, 11.41.452 21
[AS 11.41.452], 11.41.455, or AS 11.61.125 - 11.61.128, and that the identity, 22
address, and other information about the account owner will assist in obtaining 23
evidence that is relevant to the offense, a law enforcement officer may apply to the 24
attorney general or the attorney general's designee for an administrative subpoena to 25
obtain the business records of the Internet service provider located inside or outside of 26
the state. 27
* Sec. 88. AS 47.10.990(33) is amended to read: 28
(33) "sexual abuse" means the conduct described in AS 11.41.410 - 29
11.41.460, [;] conduct constituting "sexual exploitation" as defined in AS 47.17.290, 30
and conduct prohibited by AS 11.41.340 - 11.41.357 [AS 11.66.100 - 11.66.150]; 31 33-GH1029\U
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* Sec. 89. AS 47.12.110(d) is amended to read: 1
(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 2
the adjudication of a minor as a delinquent shall be open to the public, except as 3
prohibited or limited by order of the court, if 4
(1) the department files with the court a motion asking the court to 5
open the hearing to the public, and the petition seeking adjudication of the minor as a 6
delinquent is based on 7
(A) the minor's alleged commission of an offense, and the 8
minor has knowingly failed to comply with all the terms and conditions 9
required of the minor by the department or imposed on the minor in a court 10
order entered under AS 47.12.040(a)(2) or 47.12.120; 11
(B) the minor's alleged commission of 12
(i) a crime against a person that is punishable as a 13
felony; 14
(ii) a crime in which the minor employed a deadly 15
weapon, as that term is defined in AS 11.81.900(b), in committing the 16
crime; 17
(iii) arson under AS 11.46.400 - 11.46.410; 18
(iv) burglary under AS 11.46.300; 19
(v) distribution of child pornography under 20
AS 11.61.125; 21
(vi) sex trafficking [IN THE FIRST DEGREE] under 22
AS 11.41.340 or 11.41.345 [AS 11.66.110]; or 23
(vii) misconduct involving a controlled substance under 24
AS 11.71 involving the delivery of a controlled substance or the 25
possession of a controlled substance with intent to deliver, other than 26
an offense under AS 11.71.040 or 11.71.050; or 27
(C) the minor's alleged commission of a felony and the minor 28
was 16 years of age or older at the time of commission of the offense when the 29
minor has previously been convicted or adjudicated a delinquent minor based 30
on the minor's commission of an offense that is a felony; or 31 33-GH1029\U
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(2) the minor agrees to a public hearing on the petition seeking 1
adjudication of the minor as a delinquent. 2
* Sec. 90. AS 47.12.315(a) is amended to read: 3
(a) Notwithstanding AS 47.12.310, and except as otherwise provided in this 4
section, the department shall disclose information to the public, on request, concerning 5
a minor subject to this chapter who was at least 13 years of age at the time of 6
commission of 7
(1) a felony offense against a person under AS 11.41; 8
(2) arson in the first or second degree; 9
(3) burglary in the first degree; 10
(4) distribution of child pornography; 11
(5) sex trafficking under AS 11.41.340 or 11.41.345 [IN THE FIRST 12
DEGREE]; 13
(6) misconduct involving a controlled substance in the first, second, or 14
third degrees involving distribution or possession with intent to deliver; or 15
(7) misconduct involving weapons in the first through fourth degrees. 16
* Sec. 91. AS 47.17.290(18) is amended to read: 17
(18) "sexual exploitation" includes 18
(A) allowing, permitting, or encouraging a child to engage in a 19
commercial sexual act prohibited by AS 11.41.340 - 11.41.357 or 20
prostitution prohibited by AS 11.66.101 [AS 11.66.100 - 11.66.150], by a 21
person responsible for the child's welfare; 22
(B) allowing, permitting, encouraging, or engaging in activity 23
prohibited by AS 11.41.455(a), by a person responsible for the child's welfare. 24
* Sec. 92. AS 11.41.360(b), 11.41.470(7); AS 11.56.765(c)(3), 11.56.767(c)(3); 25
AS 11.66.100, 11.66.110, 11.66.120, 11.66.130, 11.66.135, 11.66.140, 11.66.150(1); and 26
AS 12.61.125(d)(2) are repealed. 27
* Sec. 93. The uncodified law of the State of Alaska is amended by adding a new section to 28
read: 29
APPLICABILITY. (a) The following sections apply to revocations, denials, or 30
refusals to issue or renew licenses, permits, or certificates for offenses committed on or after 31 33-GH1029\U
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the effective date of those sections: 1
(1) AS 08.07.025, enacted by sec. 3 of this Act; 2
(2) AS 08.26.130(b), enacted by sec. 7 of this Act; 3
(3) AS 08.29.400(d), enacted by sec. 9 of this Act; 4
(4) AS 08.61.060(b), enacted by sec. 12 of this Act; 5
(5) AS 08.63.210(e), enacted by sec. 14 of this Act; 6
(6) AS 08.64.326(c), enacted by sec. 16 of this Act; 7
(7) AS 08.65.110(b), enacted by sec. 18 of this Act; 8
(8) AS 08.68.270(b), enacted by sec. 20 of this Act; 9
(9) AS 08.80.261(c), enacted by sec. 23 of this Act; 10
(10) AS 08.86.204(e), enacted by sec. 26 of this Act; 11
(11) AS 08.95.050(d), enacted by sec. 27 of this Act. 12
(b) The following sections apply to notifications of convictions for offenses 13
committed on or after the effective date of those sections: 14
(1) AS 08.07.035, enacted by sec. 4 of this Act; 15
(2) AS 08.26.130(c), enacted by sec. 7 of this Act; 16
(3) AS 08.29.400(e), enacted by sec. 9 of this Act; 17
(4) AS 08.61.060(c), enacted by sec. 12 of this Act; 18
(5) AS 08.63.210(f), enacted by sec. 14 of this Act; 19
(6) AS 08.64.326(d), enacted by sec. 16 of this Act; 20
(7) AS 08.65.110(c), enacted by sec. 18 of this Act; 21
(8) AS 08.68.270(c), enacted by sec. 20 of this Act; 22
(9) AS 08.80.261(d), enacted by sec. 23 of this Act; 23
(10) AS 08.86.204(f), enacted by sec. 26 of this Act; 24
(11) AS 08.95.050(e), enacted by sec. 27 of this Act. 25
(c) The following sections apply to offenses committed on or after the effective date 26
of those sections: 27
(1) AS 11.41.340 - 11.41.357, enacted by sec. 32 of this Act; 28
(2) AS 11.41.360(a), as amended by sec. 33 of this Act; 29
(3) AS 11.41.360(c), as amended by sec. 34 of this Act; 30
(4) AS 11.41.365, as amended by sec. 35 of this Act; 31 33-GH1029\U
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(5) AS 11.41.366 - 11.41.369, enacted by sec. 36 of this Act; 1
(6) AS 11.41.530(a), as amended by sec. 37 of this Act; 2
(7) AS 11.66.101 - 11.66.106, enacted by sec. 38 of this Act; 3
(8) AS 11.66.145, as amended by sec. 39 of this Act; 4
(9) AS 11.66.150(2), as amended by sec. 40 of this Act; 5
(10) AS 11.66.150(5), enacted by sec. 41 of this Act; 6
(11) AS 11.81.250(a), as amended by sec. 42 of this Act; 7
(12) AS 11.81.250(b), as amended by sec. 43 of this Act; 8
(13) AS 11.81.900(b), as amended by sec. 44 of this Act; 9
(14) AS 12.10.010, as amended by sec. 45 of this Act; 10
(15) AS 12.37.010, as amended by sec. 46 of this Act; 11
(16) AS 14.20.030(b), as amended by sec. 66 of this Act; 12
(17) AS 14.45.115, enacted by sec. 72 of this Act. 13
(d) The following sections apply to sentences imposed on or after the effective date of 14
those sections for conduct occurring on or after the effective date of those sections: 15
(1) AS 12.55.015(m), enacted by sec. 48 of this Act; 16
(2) AS 12.55.035(b), as amended by sec. 49 of this Act; 17
(3) AS 12.55.078(f), as amended by sec. 50 of this Act; 18
(4) AS 12.55.085(f), as amended by sec. 51 of this Act; 19
(5) AS 12.55.125(b), as amended by sec. 52 of this Act; 20
(6) AS 12.55.125(i), as amended by sec. 53 of this Act; 21
(7) AS 12.55.135(q), enacted by sec. 54 of this Act; 22
(8) AS 12.55.185(10), as amended by sec. 55 of this Act; 23
(9) AS 12.55.185(16), as amended by sec. 56 of this Act; 24
(10) AS 12.62.900(23), as amended by sec. 61 of this Act. 25
(e) AS 12.63.100(7), as amended by sec. 62 of this Act, applies to the duty to register 26
as a sex offender for offenses committed on or after the effective date of sec. 62 of this Act. 27
(f) AS 12.72.100 - 12.72.120, enacted by sec. 63 of this Act, and AS 18.85.100(c), as 28
amended by sec. 82 of this Act, apply to petitions filed on or after the effective date of sec. 63 29
of this Act for conduct occurring before, on, or after the effective date of secs. 63 and 82 of 30
this Act. 31 33-GH1029\U
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(g) AS 12.72.100 - 12.72.120, enacted by sec. 63 of this Act, apply to convictions 1
under former AS 11.66.100 occurring before the effective date of sec. 63 of this Act. 2
(h) The following sections apply to communications made on or after the effective 3
date of those sections relating to offenses occurring on or after the effective date of those 4
sections: 5
(1) AS 09.25.400, as amended by sec. 30 of this Act; 6
(2) AS 12.45.049, as amended by sec. 47 of this Act; 7
(3) AS 12.61.125(a), as amended by sec. 57 of this Act; 8
(4) AS 12.61.125(d)(3), enacted by sec. 58 of this Act; 9
(5) AS 12.61.140, as amended by sec. 59 of this Act; 10
(6) AS 12.61.140(c), enacted by sec. 60 of this Act; 11
(7) AS 18.66.210, as amended by sec. 73 of this Act; 12
(8) AS 18.66.250(1), as amended by sec. 74 of this Act; 13
(9) AS 18.66.250(3), as amended by sec. 75 of this Act; 14
(10) AS 18.66.250(4), as amended by sec. 76 of this Act; 15
(11) AS 18.66.250(5), as amended by sec. 77 of this Act; 16
(12) AS 18.66.250(6), as amended by sec. 78 of this Act. 17
* Sec. 94. Sections 63 and 82 of this Act take effect January 1, 2024. 18
* Sec. 95. Sections 64, 65, and 67 - 71 of this Act take effect July 1, 2024. 19
* Sec. 96. Except as provided in secs. 94 and 95 of this Act, this Act takes effect July 1, 20
2023. 21