AK
Alaska Senate Bill SB28

Alaska 2023-2024 Regular Session

Alaska Senate Bill SB28 Compare Versions

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10-HOUSE CS FOR CS FOR SENATE BILL NO. 28(JUD)
10+CS FOR SENATE BILL NO. 28(FIN)
1111
1212 IN THE LEGISLATURE OF THE STATE OF ALASKA
1313
1414 THIRTY-THIRD LEGISLATURE - SECOND SESSION
1515
16-BY THE HOUSE JUDICIARY COMMITTEE
16+BY THE SENATE FINANCE COMMITTEE
1717
18-Offered: 5/9/24
18+Offered: 4/26/24
1919 Referred: Rules
2020
21-Sponsor(s): SENATORS CLAMAN, Kaufman
21+Sponsor(s): SENATOR CLAMAN
2222 A BILL
2323
2424 FOR AN ACT ENTITLED
2525
26-"An Act relating to crime and criminal procedure; relating to sex trafficking; relating to 1
27-human trafficking; relating to prostitution; relating to generated obscene child sexual 2
28-abuse material; changing the term 'child pornography' to 'child sexual abuse material'; 3
29-relating to the crime of violating a protective order; relating to workplace violence 4
30-protective orders; relating to victim confidentiality; establishing the process for vacating 5
31-judgments for certain convictions of prostitution; relating to the powers of district 6
32-judges and magistrates; relating to licensing of school bus drivers; establishing the 7
33-Council on Human and Sex Trafficking; relating to permanent fund dividends for 8
34-certain individuals whose convictions are vacated; amending Rules 4 and 65, Alaska 9
35-Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration; and providing for 10
36-an effective date." 11
37-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 33-LS0242\O
38-HCS CSSB 28(JUD) -2- SB0028d
26+"An Act relating to workplace violence protective orders; relating to the crime of 1
27+violating a protective order; relating to the powers of district judges and magistrates; 2
28+amending Rules 4 and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of 3
29+Administration; and providing for an effective date." 4
30+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
31+ * Section 1. AS 11.56.740(a) is amended to read: 6
32+(a) A person commits the crime of violating a protective order if the person is 7
33+subject to a protective order 8
34+(1) issued, filed, or recognized under AS 18.66 and containing a 9
35+provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to 10
36+commit an act with reckless disregard that the act violates or would violate a provision 11
37+of the protective order; 12
38+(2) issued or recognized under AS 18.65.850, 18.65.855, 18.65.860, or 13
39+18.65.867 and knowingly commits or attempts to commit an act that violates or would 14 33-LS0242\Y
40+CSSB 28(FIN) -2- SB0028C
3941 New Text Underlined [DELETED TEXT BRACKETED]
4042
41- * Section 1. AS 04.06.110 is amended to read: 1
42-Sec. 04.06.110. Peace officer powers. The director and the persons employed 2
43-for the administration and enforcement of this title may, with the concurrence of the 3
44-commissioner of public safety, exercise the powers of peace officers when those 4
45-powers are specifically granted by the board. Powers granted by the board under this 5
46-section may be exercised only when necessary for the enforcement of the criminally 6
47-punishable provisions of this title, regulations of the board, and other criminally 7
48-punishable laws and regulations, including investigation of violations of laws against 8
49-[PROSTITUTION AND] sex trafficking described in AS 11.41.340 - 11.41.357, laws 9
50-against prostitution described in AS 11.66.101 - 11.66.106, [AS 11.66.100 - 10
51-11.66.135] and laws against gambling, promoting gambling, and related offenses 11
52-described in AS 11.66.200 - 11.66.280. Unless authorized by a search warrant 12
53-described in AS 12.35, nothing in this section authorizes the use of metal keys, 13
54-magnetic card keys, or identification cards to access private clubs. 14
55- * Sec. 2. AS 09.25.400 is amended to read: 15
56-Sec. 09.25.400. Privilege relating to domestic violence, sex trafficking, and 16
57-sexual assault counseling. Confidential communications between a victim of 17
58-domestic violence, sex trafficking, or sexual assault and a victim counselor are 18
59-privileged under AS 18.66.200 - 18.66.250. 19
60- * Sec. 3. AS 11.31.120(h)(2) is amended to read: 20
61-(2) "serious felony offense" means an offense 21
62-(A) against the person under AS 11.41, punishable as an 22
63-unclassified or class A felony; 23
64-(B) involving controlled substances under AS 11.71, 24
65-punishable as an unclassified, class A, or class B felony; 25
66-(C) that is criminal mischief in the first degree under 26
67-AS 11.46.475; 27
68-(D) that is terroristic threatening in the first degree under 28
69-AS 11.56.807; 29
70-(E) that is human trafficking in the first degree under 30
71-AS 11.41.360; 31 33-LS0242\O
72-SB0028d -3- HCS CSSB 28(JUD)
43+violate a provision listed in AS 18.65.850(c)(1) - (3); [OR] 1
44+(3) issued under AS 13.26.450 - 13.26.460 and knowingly commits or 2
45+attempts to commit an act with reckless disregard that the act violates or would violate 3
46+a provision of the protective order; or 4
47+(4) issued under AS 18.65.875 - 18.65.899 and knowingly commits 5
48+or attempts to commit an act that violates or would violate a provision listed in 6
49+AS 18.65.875(c). 7
50+ * Sec. 2. AS 11.56.740(c) is amended to read: 8
51+(c) In this section, "protective order" means an order issued, filed, or 9
52+recognized under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 10
53+- 18.65.870], or AS 18.66.100 - 18.66.180. 11
54+ * Sec. 3. AS 18.65.530(a) is amended to read: 12
55+(a) Except as provided in (b) or (c) of this section, a peace officer, with or 13
56+without a warrant, shall arrest a person if the officer has probable cause to believe the 14
57+person has, either in or outside the presence of the officer, within the previous 12 15
58+hours, 16
59+(1) committed domestic violence, except an offense under 17
60+AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 18
61+(2) committed the crime of violating a protective order in violation of 19
62+AS 11.56.740(a)(1), [OR] (2), or (4); 20
63+(3) violated a condition of release imposed under AS 12.30.016(e) or 21
64+(f) or 12.30.027. 22
65+ * Sec. 4. AS 18.65.540(a) is amended to read: 23
66+(a) The Department of Public Safety shall maintain a central registry of 24
67+protective orders issued by or filed with a court of this state under AS 13.26.450 - 25
68+13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 - 18.65.870], or AS 18.66.100 - 26
69+18.66.180. The registry must include, for each protective order, the names of the 27
70+petitioner and respondent, their dates of birth, and the conditions and duration of the 28
71+order. The registry shall retain a record of the protective order after it has expired. 29
72+ * Sec. 5. AS 18.65.540(b) is amended to read: 30
73+(b) A peace officer receiving a protective order from a court under 31 33-LS0242\Y
74+SB0028C -3- CSSB 28(FIN)
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7476
75-(F) that is sex trafficking in the first degree under AS 11.41.340 1
76-[AS 11.66.110]; or 2
77-(G) that is arson in the first degree under AS 11.46.400 or arson 3
78-in the second degree under AS 11.46.410. 4
79- * Sec. 4. AS 11.41 is amended by adding new sections to read: 5
80-Sec. 11.41.340. Sex trafficking in the first degree. (a) A person commits the 6
81-crime of sex trafficking in the first degree if the person 7
82-(1) as other than a patron of a victim of sex trafficking, induces or 8
83-causes another person to engage in a commercial sexual act through the use of force or 9
84-threat of force against any person; or 10
85-(2) violates AS 11.41.345 and the person induced or caused to engage 11
86-in the commercial sexual act is 12
87-(A) under 21 years of age; or 13
88-(B) in that person's legal custody. 14
89-(b) Sex trafficking in the first degree is an unclassified felony. 15
90-Sec. 11.41.345. Sex trafficking in the second degree. (a) A person commits 16
91-the crime of sex trafficking in the second degree if, as other than a patron of a victim 17
92-of sex trafficking under AS 11.41.355 or a patron of a prostitute under AS 11.66.104 18
93-or 11.66.106, the person intentionally induces or causes another person to engage in a 19
94-commercial sexual act. 20
95-(b) Sex trafficking in the second degree is a class A felony. 21
96-Sec. 11.41.350. Sex trafficking in the third degree. (a) A person commits the 22
97-crime of sex trafficking in the third degree if, as other than a patron of a victim of sex 23
98-trafficking, the person provides services, resources, or other assistance in furtherance 24
99-of a violation of AS 11.41.340 or 11.41.345. 25
100-(b) Sex trafficking in the third degree is a 26
101-(1) class B felony if the value of the services, resources, or other 27
102-assistance provided is $200 or more; or 28
103-(2) class C felony if the value of the services, resources, or other 29
104-assistance provided is less than $200. 30
105-Sec. 11.41.355. Patron of a victim of sex trafficking. (a) A person commits 31 33-LS0242\O
106-HCS CSSB 28(JUD) -4- SB0028d
77+AS 13.26.450, 13.26.455, AS 18.65.850 - 18.65.855, 18.65.875, 18.65.877, or 1
78+AS 18.66.100 - 18.66.180, a modified order issued under AS 13.26.460, 2
79+AS 18.65.860, 18.65.880, or AS 18.66.120, or an order dismissing a protective order 3
80+shall take reasonable steps to ensure that the order, modified order, or dismissal is 4
81+entered into the central registry within 24 hours after being received. 5
82+ * Sec. 6. AS 18.65 is amended by adding new sections to read: 6
83+Article 12A. Workplace Violence Protective Orders. 7
84+Sec. 18.65.875. Protective orders; eligible petitioners; relief. (a) An 8
85+employer may file a petition in the district or superior court for a protective order 9
86+against an individual who the employer reasonably believes 10
87+(1) committed an act of violence against the employer or an employee 11
88+that occurred at the employer's workplace; or 12
89+(2) made a threat of violence against the employer or an employee that 13
90+can reasonably be construed as a threat that may be carried out at the employer's 14
91+workplace. 15
92+(b) When a petition for a protective order is filed, the court shall schedule a 16
93+hearing and provide at least 10 days' notice to the respondent of the hearing and of the 17
94+respondent's right to appear and be heard, either in person or through an attorney. If 18
95+the court finds by a preponderance of evidence that the respondent has committed 19
96+violence or made a threat of violence, regardless of whether the respondent appears at 20
97+the hearing, the court may order any relief available under (c) of this section. The 21
98+provisions of a protective order issued under this section are effective for six months 22
99+unless earlier dissolved by the court. 23
100+(c) A protective order issued under this section may 24
101+(1) prohibit the respondent from making a threat to commit or 25
102+committing violence; 26
103+(2) prohibit the respondent from telephoning, contacting, or otherwise 27
104+communicating directly or indirectly with the petitioner; 28
105+(3) direct the respondent to stay away from the workplace of the 29
106+petitioner, or any specified place frequented by the petitioner, during the normal 30
107+course of the petitioner's business; however, the court may order the respondent to stay 31 33-LS0242\Y
108+CSSB 28(FIN) -4- SB0028C
107109 New Text Underlined [DELETED TEXT BRACKETED]
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109-the crime of patron of a victim of sex trafficking if the person solicits a commercial 1
110-sexual act 2
111-(1) with reckless disregard that the person engaging in the sexual act is 3
112-a victim of sex trafficking; or 4
113-(2) from a person who is under 18 years of age. 5
114-(b) In a prosecution under (a)(2) of this section, it is an affirmative defense 6
115-that, at the time of the alleged offense, the defendant 7
116-(1) reasonably believed the person to be 18 years of age or older; and 8
117-(2) undertook reasonable measures to verify that the person was 18 9
118-years of age or older. 10
119-(c) Patron of a victim of sex trafficking is a 11
120-(1) class B felony if the person violates (a)(2) of this section; 12
121-(2) class C felony if the person violates (a)(1) of this section. 13
122-Sec. 11.41.357. Inducing or causing a person to engage in a commercial 14
123-sexual act. For purposes of AS 11.41.340 - 11.41.355, a person induces or causes 15
124-another person to engage in a commercial sexual act including by 16
125-(1) exposing or threatening to expose confidential information or a 17
126-secret, whether true or false, that would subject a person to hatred, contempt, or 18
127-ridicule; 19
128-(2) destroying, concealing, or threatening to destroy or conceal an 20
129-actual or purported passport or immigration document or another actual or purported 21
130-identification document of any person; 22
131-(3) threatening to report a person to a government agency for the 23
132-purpose of arrest or deportation; 24
133-(4) threatening to collect a debt; 25
134-(5) instilling in a person a fear that lodging, food, clothing, or 26
135-medication will be withheld from any person; 27
136-(6) providing a controlled substance to or withholding a controlled 28
137-substance from the other person; or 29
138-(7) engaging in deception. 30
139- * Sec. 5. AS 11.41.360(a) is amended to read: 31 33-LS0242\O
140-SB0028d -5- HCS CSSB 28(JUD)
111+away from the respondent's own workplace only if the respondent has been provided 1
112+actual notice of the opportunity to appear and be heard on the petition; 2
113+(4) order other relief the court determines to be necessary to protect the 3
114+workplace of the petitioner. 4
115+(d) If the court issues a protective order under this section, the court shall 5
116+(1) make reasonable efforts to ensure that the order is understood by 6
117+the petitioner and the respondent; and 7
118+(2) have the order delivered to the appropriate local law enforcement 8
119+agency for expedited service and entry into the central registry of protective orders 9
120+under AS 18.65.540. 10
121+(e) A court may not deny a petition for a protective order solely because of a 11
122+lapse of time between an act of violence or a threat of violence and the filing of the 12
123+petition. 13
124+Sec. 18.65.877. Ex parte protective orders for workplace violence. An 14
125+employer who may file a petition for a protective order against an individual under 15
126+AS 18.65.875 may file a petition for an ex parte protective order against the 16
127+individual. If the court finds that the petition establishes probable cause that recent 17
128+violence has occurred or a recent threat of violence has been made, that it is necessary 18
129+to protect the employer from further violence, and that the petitioner has certified to 19
130+the court in writing the efforts, if any, that have been made to provide notice to the 20
131+respondent, the court shall ex parte and without notice to the respondent issue a 21
132+protective order. An ex parte protective order under this section may grant the 22
133+protection allowed by AS 18.65.875(c). An ex parte protective order expires 20 days 23
134+after it is issued unless dissolved earlier by the court at the request of either the 24
135+petitioner or the respondent after notice and, if requested, a hearing. If the court issues 25
136+an ex parte protective order, the court shall have the order delivered to the appropriate 26
137+law enforcement agency for expedited service and entry into the central registry of 27
138+protective orders under AS 18.65.540. 28
139+Sec. 18.65.880. Modification of workplace violence protective order. (a) 29
140+Either the petitioner or the respondent may request modification of a protective order 30
141+issued under AS 18.65.875 or 18.65.877. If a request is made fo
142+r modification of 31 33-LS0242\Y
143+SB0028C -5- CSSB 28(FIN)
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142145
143-(a) A person commits the crime of human trafficking in the first degree if, 1
144-under circumstances not proscribed under AS 11.41.340 - 11.41.357, the person 2
145-(1) [COMPELS OR] induces or causes another person to engage in 3
146-[SEXUAL CONDUCT,] adult entertainment [,] or labor [IN THE STATE] by force or 4
147-threat of force against any person; or 5
148-(2) violates AS 11.41.365 and the victim is under 21 years of age [, 6
149-OR BY DECEPTION]. 7
150- * Sec. 6. AS 11.41.360(c) is amended to read: 8
151-(c) Human trafficking in the first degree is an unclassified [A CLASS A] 9
152-felony. 10
153- * Sec. 7. AS 11.41.365 is amended to read: 11
154-Sec. 11.41.365. Human trafficking in the second degree. (a) A person 12
155-commits the crime of human trafficking in the second degree if, under circumstances 13
156-not proscribed under AS 11.41.340 - 11.41.357, the person intentionally induces or 14
157-causes another person to engage in adult entertainment or labor by 15
158-(1) exposing or threatening to expose confidential information or a 16
159-secret, whether true or false, tending to subject a person to hatred, contempt, or 17
160-ridicule; 18
161-(2) destroying, concealing, or threatening to destroy or conceal an 19
162-actual or purported passport or immigration document or another actual or 20
163-purported identification document of any person; 21
164-(3) threatening to report a person to a government agency for the 22
165-purpose of arrest or deportation; 23
166-(4) threatening to collect a debt; 24
167-(5) instilling in a person a fear that lodging, food, clothing, or 25
168-medication will be withheld from any person; 26
169-(6) providing a controlled substance to or withholding a controlled 27
170-substance from the other person; or 28
171-(7) engaging in deception [OBTAINS A BENEFIT FROM THE 29
172-COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH 30
173-RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE 31 33-LS0242\O
174-HCS CSSB 28(JUD) -6- SB0028d
146+(1) a protective order after notice and hearing under AS 18.65.875, the 1
147+court shall schedule a hearing within 20 days after the date the request is made, except 2
148+that if the court finds that the request is meritless on its face, the court may deny the 3
149+request without further hearing; or 4
150+(2) an ex parte protective order under AS 18.65.877, the court shall 5
151+schedule a hearing on three days' notice or on shorter notice as the court may 6
152+prescribe. 7
153+(b) If a request for a modification is made under this section and the 8
154+respondent raises an issue not raised by the petitioner, the court may allow the 9
155+petitioner additional time to respond. 10
156+(c) If the court modifies a protective order under this section, the court shall 11
157+issue a modified order and shall 12
158+(1) make reasonable efforts to ensure that the order is understood by 13
159+the petitioner and the respondent; and 14
160+(2) have the order delivered to the appropriate local law enforcement 15
161+agency for expedited service and for entry into the central registry of protective orders 16
162+under AS 18.65.540. 17
163+Sec. 18.65.885. Specific protective orders. (a) If a respondent in a protective 18
164+order issued under AS 18.65.875 - 18.65.880 is prohibited from communicating with 19
165+the petitioner, excluded from the petitioner's workplace, or ordered to stay away from 20
166+the petitioner as provided in AS 18.65.875(c)(2) - (4), an invitation by the petitioner to 21
167+communicate, enter the petitioner's workplace, or have other prohibited contact with 22
168+the petitioner does not waive or nullify any provision in a protective order. 23
169+(b) A court may not order parties into mediation or refer them to mediation for 24
170+resolution of the issues arising from a petition for a protective order under 25
171+AS 18.65.875 - 18.65.899. 26
172+(c) In addition to other required information contained in a protective order, 27
173+the order must include in bold face type the following statements: 28
174+(1) "Violation of this order may be a misdemeanor, punishable by up 29
175+to one year of incarceration and up to a $25,000 fine"; 30
176+(2) "If you are ordered to have no contact with the petitioner or to stay 31 33-LS0242\Y
177+CSSB 28(FIN) -6- SB0028C
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176179
177-TRAFFICKING]. 1
178-(b) Human trafficking in the second degree is a class A [B] felony. 2
179- * Sec. 8. AS 11.41 is amended by adding new sections to read: 3
180-Sec. 11.41.366. Human trafficking in the third degree. (a) A person 4
181-commits the crime of human trafficking in the third degree if the person provides 5
182-services, resources, or other assistance with the intent to promote a violation of 6
183-AS 11.41.360 or 11.41.365. 7
184-(b) Human trafficking in the third degree is a 8
185-(1) class B felony if the value of the services, resources, or other 9
186-assistance provided is $200 or more; 10
187-(2) class C felony if the value of the services, resources, or other 11
188-assistance provided is less than $200. 12
189-Sec. 11.41.367. Applicability of AS 11.41.360 - 11.41.366. AS 11.41.360 - 13
190-11.41.366 do not apply to acts that may reasonably be construed to be a normal 14
191-caretaker request of a child or a normal interaction with a child. 15
192-Sec. 11.41.369. Forfeiture. (a) Property used to institute, aid, or facilitate, or 16
193-received or derived from, a violation of AS 11.41.340 - 11.41.366, including real 17
194-property, may be forfeited at sentencing. 18
195-(b) The legislature may appropriate funds received from the sale of property 19
196-forfeited under (a) of this section for an offense under AS 11.41.340 - 11.41.357 to 20
197-programs that provide resources to victims of sex trafficking. 21
198- * Sec. 9. AS 11.41.530(a) is amended to read: 22
199-(a) A person commits the crime of coercion if, under circumstances not 23
200-proscribed under AS 11.41.340 - 11.41.366 or 11.41.410 - 11.41.427 [AS 11.41.410 - 24
201-11.41.427], the person compels another to engage in conduct from which there is a 25
202-legal right to abstain or abstain from conduct in which there is a legal right to engage, 26
203-by means of instilling in the person who is compelled a fear that, if the demand is not 27
204-complied with, the person who makes the demand or another may 28
205-(1) inflict physical injury on anyone, except under circumstances 29
206-constituting robbery in any degree, or commit any other crime; 30
207-(2) accuse anyone of a crime; 31 33-LS0242\O
208-SB0028d -7- HCS CSSB 28(JUD)
180+away from the petitioner's workplace or other place designated by the court, an 1
181+invitation by the petitioner to have the prohibited contact or to be present at or enter 2
182+the workplace or other place does not in any way invalidate or nullify the order." 3
183+(d) A protective order issued under AS 18.65.875 - 18.65.899 is in addition to 4
184+and not in place of any other civil or criminal remedy. A petitioner is not barred from 5
185+seeking an order under AS 18.65.875 - 18.65.899 because of the existence of another 6
186+civil action between the petitioner and the respondent. 7
187+Sec. 18.65.890. Forms for petitions and orders; fees. (a) The Alaska Court 8
188+System shall prepare forms for petitions, protective orders, and instructions for their 9
189+use by an employer seeking a protective order under AS 18.65.875 - 18.65.899. The 10
190+forms must conform to the Alaska Rules of Civil Procedure, except that information 11
191+on the forms may be filled in by legible handwriting. 12
192+(b) In addition to other information required, a petition for a protective order 13
193+must include a statement of pending civil or criminal actions involving the petitioner 14
194+or the respondent. While a protective order is in effect or a petition for a protective 15
195+order is pending, both the petitioner and the respondent have a continuing duty to 16
196+inform the court of pending civil or criminal actions involving the petitioner or the 17
197+respondent. 18
198+(c) The office of the clerk of each superior and district court shall make 19
199+available to the public the forms a person seeking a protective order under 20
200+AS 18.65.875 - 18.65.899 may need and instructions for the use of the forms. The 21
201+clerk shall provide assistance in completing the forms and filing the forms. 22
202+(d) Filing fees may not be charged in any action seeking only the relief 23
203+provided in AS 18.65.875 - 18.65.899. 24
204+Sec. 18.65.895. Service of process. (a) Unless, on the record in court, the 25
205+respondent has already been provided a copy of the court's order, process issued under 26
206+AS 18.65.875 - 18.65.899 shall be promptly served and executed. If process is to be 27
207+served upon a respondent believed to be present or residing in a municipality, as 28
208+defined in AS 29.71.800, or in an unincorporated community, process shall be served 29
209+by a peace officer of that municipality or unincorporated community who has 30
210+jurisdiction within the area of service. If a peace officer of the municipality or 31 33-LS0242\Y
211+SB0028C -7- CSSB 28(FIN)
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211-(3) expose confidential information or a secret, whether true or false, 1
212-tending to subject a person to hatred, contempt, or ridicule or to impair the person's 2
213-credit or business repute; 3
214-(4) take or withhold action as a public servant or cause a public servant 4
215-to take or withhold action; 5
216-(5) bring about or continue a strike, boycott, or other collective 6
217-unofficial action, if the property is not demanded or received for the benefit of the 7
218-group in whose interest the person making the threat or suggestion purports to act; 8
219-(6) testify or provide information or withhold testimony or information 9
220-with respect to a person's legal claim or defense. 10
221- * Sec. 10. AS 11.56.740(a) is amended to read: 11
222-(a) A person commits the crime of violating a protective order if the person is 12
223-subject to a protective order 13
224-(1) issued, filed, or recognized under AS 18.66 and containing a 14
225-provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to 15
226-commit an act with reckless disregard that the act violates or would violate a provision 16
227-of the protective order; 17
228-(2) issued or recognized under AS 18.65.850, 18.65.855, 18.65.860, or 18
229-18.65.867 and knowingly commits or attempts to commit an act that violates or would 19
230-violate a provision listed in AS 18.65.850(c)(1) - (3); [OR] 20
231-(3) issued under AS 13.26.450 - 13.26.460 and knowingly commits or 21
232-attempts to commit an act with reckless disregard that the act violates or would violate 22
233-a provision of the protective order; or 23
234-(4) issued under AS 18.65.875 - 18.65.899 and knowingly commits 24
235-or attempts to commit an act that violates or would violate a provision listed in 25
236-AS 18.65.875(c). 26
237- * Sec. 11. AS 11.56.740(c) is amended to read: 27
238-(c) In this section, "protective order" means an order issued, filed, or 28
239-recognized under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 29
240-- 18.65.870], or AS 18.66.100 - 18.66.180. 30
241- * Sec. 12. AS 11.61.120(a) is amended to read: 31 33-LS0242\O
242-HCS CSSB 28(JUD) -8- SB0028d
214+unincorporated community who has jurisdiction is not available, a superior court, 1
215+district court, or magistrate may designate any other peace officer to serve and execute 2
216+process. A state peace officer shall serve process in any area that is not within the 3
217+jurisdiction of a peace officer of a municipality or unincorporated community. A peace 4
218+officer shall use every reasonable means to serve process issued under AS 18.65.875 - 5
219+18.65.899. A judge may not order a peace officer to serve a petition that has been 6
220+denied by the court. 7
221+(b) Service of process under (a) of this section does not preclude a petitioner 8
222+from using any other available means to serve process issued under AS 18.65.875 - 9
223+18.65.899. 10
224+(c) Fees for service of process may not be charged in a proceeding seeking 11
225+only the relief provided in AS 18.65.875 - 18.65.899. 12
226+Sec. 18.65.897. Civil liability. (a) A person may not bring a civil action for 13
227+damages against the state, its officers, agents, or employees, or a law enforcement 14
228+agency, its officers, agents, or employees for any failure to comply with the provisions 15
229+of AS 18.65.875 - 18.65.899. 16
230+(b) A person may not bring a civil action for damages against an employer for 17
231+seeking or failing to seek a protective order unless an employer seeks a protective 18
232+order for an illegitimate purpose. 19
233+Sec. 18.65.899. Definitions. In AS 18.65.875 - 18.65.899, 20
234+(1) "course of conduct" has the meaning given in AS 11.41.270; 21
235+(2) "employee" means an individual employed by an employer but 22
236+does not include an individual employed in the domestic service of any person; 23
237+(3) "employer" means a person who employs one or more other 24
238+persons; 25
239+(4) "threat of violence" means a statement or course of conduct that 26
240+recklessly places a person in fear of physical injury or death; 27
241+(5) "violence" means a crime under AS 11.41 that injures a person or 28
242+places a person in fear of physical injury or death; 29
243+(6) "workplace" means a place of employment other than a place used 30
244+primarily as a residence. 31 33-LS0242\Y
245+CSSB 28(FIN) -8- SB0028C
243246 New Text Underlined [DELETED TEXT BRACKETED]
244247
245-(a) A person commits the crime of harassment in the second degree if, with 1
246-intent to harass or annoy another person, that person 2
247-(1) insults, taunts, or challenges another person in a manner likely to 3
248-provoke an immediate violent response; 4
249-(2) telephones another and fails to terminate the connection with intent 5
250-to impair the ability of that person to place or receive telephone calls; 6
251-(3) makes repeated telephone calls at extremely inconvenient hours; 7
252-(4) makes an anonymous or obscene telephone call, an obscene 8
253-electronic communication, or a telephone call or electronic communication that 9
254-threatens physical injury or sexual contact; 10
255-(5) subjects another person to offensive physical contact; 11
256-(6) except as provided in AS 11.61.116, publishes or distributes 12
257-electronic or printed photographs, pictures, or films that show the genitals, anus, or 13
258-female breast of the other person or show that person engaged in a sexual act; 14
259-(7) repeatedly sends or publishes an electronic communication that 15
260-insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 16
261-that places the person in reasonable fear of physical injury; or 17
262-(8) under circumstances not proscribed under AS 11.41.455, 18
263-AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 19
264-person, publishes, or distributes electronic or printed photographs, pictures, or films 20
265-that show the genitals of any person. 21
266- * Sec. 13. AS 11.61 is amended by adding new sections to read: 22
267-Sec. 11.61.121. Distribution of generated obscene child sexual abuse 23
268-material. (a) A person commits the crime of distribution of generated obscene child 24
269-sexual abuse material if the person distributes in this state or advertises, promotes, 25
270-solicits, or offers to distribute in this state any material that is proscribed under 26
271-AS 11.61.122. 27
272-(b) The possession of 100 or more films, audio, video, electronic, or 28
273-electromagnetic recordings, photographs, negatives, slides, books, newspapers, 29
274-magazines, or other materials, including a combination of these items totaling 100 or 30
275-more, is prima facie evidence of distribution and intent to distribute under (a) of this 31 33-LS0242\O
276-SB0028d -9- HCS CSSB 28(JUD)
248+ * Sec. 7. AS 22.15.100 is amended to read: 1
249+Sec. 22.15.100. Functions and powers of district judge and magistrate. 2
250+Each district judge and magistrate has the power 3
251+(1) to issue writs of habeas corpus for the purpose of inquiring into the 4
252+cause of restraint of liberty, returnable before a judge of the superior court, and the 5
253+same proceedings shall be had on the writ as if it had been granted by the superior 6
254+court judge under the laws of the state in those cases; 7
255+(2) of a notary public; 8
256+(3) to solemnize marriages; 9
257+(4) to issue warrants of arrest, summons, and search warrants 10
258+according to manner and procedure prescribed by law and the supreme court; 11
259+(5) to act as an examining judge or magistrate in preliminary 12
260+examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 13
261+release of defendants under bail; 14
262+(6) to act as a referee in matters and actions referred to the judge or 15
263+magistrate by the superior court, with all powers conferred upon referees by laws; 16
264+(7) of the superior court in all respects including contempts, attendance 17
265+of witnesses, and bench warrants; 18
266+(8) to order the temporary detention of a minor, or take other action 19
267+authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, 20
268+when the minor is in a condition or surrounding dangerous or injurious to the welfare 21
269+of the minor or others that requires immediate action; the action may be continued in 22
270+effect until reviewed by the superior court in accordance with rules of procedure 23
271+governing these cases; 24
272+(9) to issue a protective order in cases involving 25
273+(A) domestic violence as provided in AS 18.66.100 - 26
274+18.66.180; [OR] 27
275+(B) stalking or sexual assault as provided in AS 18.65.850 - 28
276+18.65.870; or 29
277+(C) workplace violence as provided in AS 18.65.875 - 30
278+18.65.899; 31 33-LS0242\Y
279+SB0028C -9- CSSB 28(FIN)
277280 New Text Underlined [DELETED TEXT BRACKETED]
278281
279-section. 1
280-(c) In this section, "distribution" includes the following, whether or not for 2
281-monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 3
282-circulating, exhibiting, presenting, providing, exchanging, placing on a computer 4
283-network or computer system, and providing billing collection, or other ancillary 5
284-services for or otherwise supporting these activities. 6
285-(d) Distribution of generated obscene child sexual abuse material is a 7
286-(1) class B felony; or 8
287-(2) class A felony if the person has been previously convicted of 9
288-distribution of generated obscene child sexual abuse material in this jurisdiction or a 10
289-similar crime in this or another jurisdiction. 11
290-Sec. 11.61.122. Possession of generated obscene child sexual abuse 12
291-material. (a) A person commits the crime of possession of generated obscene child 13
292-sexual abuse material if the person knowingly possesses or knowingly accesses on a 14
293-computer with intent to view any material that 15
294-(1) the average person, applying contemporary community standards, 16
295-would find, when considered as a whole, appeals to the prurient interest; 17
296-(2) depicts, in a patently offensive way, a child under 18 years of age 18
297-who, by manipulation, creation, or modification, appears to be engaged in conduct 19
298-described in AS 11.41.455(a); and 20
299-(3) when considered as a whole, lacks serious literary, artistic, 21
300-political, or scientific value. 22
301-(b) This section does not apply to an employee of an interactive computer 23
302-service, Internet service provider, cloud service provider, or telecommunications 24
303-network who, while acting in the scope of employment, possesses or accesses the 25
304-material described in (a) of this section solely to prevent, detect, report, or otherwise 26
305-respond to the production, generation, manipulation, or modification of the material. 27
306-In this subsection, "interactive computer service" has the meaning given in 28
307-AS 11.61.127(b). 29
308-(c) In this section, "computer" has the meaning given in AS 11.46.990. 30
309-(d) Possession of generated obscene child sexual abuse material is a class C 31 33-LS0242\O
310-HCS CSSB 28(JUD) -10- SB0028d
311- New Text Underlined [DELETED TEXT BRACKETED]
312-
313-felony. 1
314- * Sec. 14. AS 11.61.125(a) is amended to read: 2
315-(a) A person commits the crime of distribution of child sexual abuse material 3
316-[PORNOGRAPHY] if the person distributes in this state or advertises, promotes, 4
317-solicits, or offers to distribute in this state any material that is proscribed under 5
318-AS 11.61.127. 6
319- * Sec. 15. AS 11.61.125(e) is amended to read: 7
320-(e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 8
321-(1) class B felony; or 9
322-(2) class A felony if the person has been previously convicted of 10
323-distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 11
324-a similar crime in this or another jurisdiction. 12
325- * Sec. 16. AS 11.61.127(a) is amended to read: 13
326-(a) A person commits the crime of possession of child sexual abuse material 14
327-[PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 15
328-computer with intent to view any material that visually depicts conduct described in 16
329-AS 11.41.455(a) knowing that the 17
330-(1) production of the material involved the use of a child under 18 18
331-years of age who engaged in the conduct; or 19
332-(2) material depicts [A DEPICTION OF] a part of an actual child 20
333-under 18 years of age, or is a representation that is indistinguishable from an 21
334-identifiable child under 18 years of age, who, by manipulation, creation, or 22
335-modification, appears to be engaged in the conduct. 23
336- * Sec. 17. AS 11.61.127(b) is amended to read: 24
337-(b) This section does not apply to 25
338-(1) persons providing plethysmograph assessments in the course of a 26
339-sex offender treatment program that meets the minimum standards under 27
340-AS 33.30.011(a)(5); or 28
341-(2) an employee of an interactive computer service, Internet 29
342-service provider, cloud service provider, or telecommunications network who, 30
343-while acting in the scope of employment, possesses or accesses the material 31 33-LS0242\O
344-SB0028d -11- HCS CSSB 28(JUD)
345- New Text Underlined [DELETED TEXT BRACKETED]
346-
347-described in (a) of this section solely to prevent, detect, report, or otherwise 1
348-respond to the production, generation, manipulation, or modification of the 2
349-material; in this paragraph, "interactive computer service" means an 3
350-information service, system, or access software provider that provides or enables 4
351-computer access by multiple users to a computer server, including specifically a 5
352-service or system that provides access to the Internet and those systems operated 6
353-or services offered by libraries or educational institutions. 7
354- * Sec. 18. AS 11.61.127(f) is amended to read: 8
355-(f) In this section, 9
356-(1) "computer" has the meaning given in AS 11.46.990; 10
357-(2) "identifiable child" means an individual who is recognizable as 11
358-an actual child by the child's face, likeness, or other distinguishing 12
359-characteristics, regardless of whether the individual depicted is no longer under 13
360-18 years of age. 14
361- * Sec. 19. AS 11.61.127(g) is amended to read: 15
362-(g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 16
363-C felony. 17
364- * Sec. 20. AS 11.61.129(a) is amended to read: 18
365-(a) Property used to aid a violation of AS 11.61.121 - 11.61.128 19
366-[AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 20
367-conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 21
368-11.61.128] may be forfeited to the state upon the conviction of the offender. 22
369- * Sec. 21. AS 11.66 is amended by adding new sections to read: 23
370-Sec. 11.66.101. Prostitution in the first degree. (a) A person commits the 24
371-crime of prostitution in the first degree if the person manages, supervises, controls, or 25
372-owns, either alone or in association with others, a prostitution enterprise or a place of 26
373-prostitution. 27
374-(b) Prostitution in the first degree is a class B felony. 28
375-Sec. 11.66.102. Prostitution in the second degree. (a) A person commits the 29
376-crime of prostitution in the second degree if the person engages in or agrees or offers 30
377-to engage in sexual conduct in exchange for a fee. 31 33-LS0242\O
378-HCS CSSB 28(JUD) -12- SB0028d
379- New Text Underlined [DELETED TEXT BRACKETED]
380-
381-(b) A person may not be prosecuted under this section if the 1
382-(1) person witnessed or was a victim of, and reported to law 2
383-enforcement in good faith, one or more of the following crimes: 3
384-(A) murder in the first degree under AS 11.41.100; 4
385-(B) murder in the second degree under AS 11.41.110; 5
386-(C) manslaughter under AS 11.41.120; 6
387-(D) criminally negligent homicide under AS 11.41.130; 7
388-(E) assault in the first degree under AS 11.41.200; 8
389-(F) assault in the second degree under AS 11.41.210; 9
390-(G) assault in the third degree under AS 11.41.220; 10
391-(H) assault in the fourth degree under AS 11.41.230; 11
392-(I) sex trafficking in the first degree under AS 11.41.340; 12
393-(J) sex trafficking in the second degree under AS 11.41.345; 13
394-(K) sex trafficking in the third degree under AS 11.41.350; 14
395-(L) patron of a victim of sex trafficking under AS 11.41.355; 15
396-(M) sexual assault in the first degree under AS 11.41.410; 16
397-(N) sexual assault in the second degree under AS 11.41.420; 17
398-(O) sexual assault in the third degree under AS 11.41.425; 18
399-(P) sexual assault in the fourth degree under AS 11.41.427; 19
400-(Q) sexual abuse of a minor in the first degree under 20
401-AS 11.41.434; 21
402-(R) sexual abuse of a minor in the second degree under 22
403-AS 11.41.436; 23
404-(S) sexual abuse of a minor in the third degree under 24
405-AS 11.41.438; 25
406-(T) sexual abuse of a minor in the fourth degree under 26
407-AS 11.41.440; 27
408-(U) robbery in the first degree under AS 11.41.500; 28
409-(V) robbery in the second degree under AS 11.41.510; 29
410-(W) extortion under AS 11.41.520; 30
411-(X) coercion under AS 11.41.530; 31 33-LS0242\O
412-SB0028d -13- HCS CSSB 28(JUD)
413- New Text Underlined [DELETED TEXT BRACKETED]
414-
415-(Y) distribution of generated obscene child sexual abuse 1
416-material under AS 11.61.121; 2
417-(Z) possession of generated obscene child sexual abuse 3
418-material under AS 11.61.122; 4
419-(AA) distribution of child sexual abuse material under 5
420-AS 11.61.125; or 6
421-(BB) possession of child sexual abuse material under 7
422-AS 11.61.127; 8
423-(2) evidence supporting the prosecution under (a) of this section was 9
424-obtained or discovered as a result of the person reporting the crime to law 10
425-enforcement; and 11
426-(3) person cooperated with law enforcement personnel. 12
427-(c) Prostitution in the second degree is a class B misdemeanor. 13
428-Sec. 11.66.104. Patron of a prostitute in the first degree. (a) A person 14
429-commits the crime of patron of a prostitute in the first degree if the person violates 15
430-AS 11.66.106 and, within the preceding five years, the person has been previously 16
431-convicted on two or more separate occasions in this or another jurisdiction of an 17
432-offense under AS 11.66.106 or an offense under another law or ordinance in this or 18
433-another jurisdiction with similar elements. 19
434-(b) Patron of a prostitute in the first degree is a class C felony. 20
435-Sec. 11.66.106. Patron of a prostitute in the second degree. (a) A person 21
436-commits the crime of patron of a prostitute in the second degree if the person offers a 22
437-fee in exchange for sexual conduct. 23
438-(b) Patron of a prostitute in the second degree is a class A misdemeanor. 24
439- * Sec. 22. AS 11.66.145 is amended to read: 25
440-Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 26
441-received or derived from, a violation of AS 11.66.101 - 11.66.106 [AS 11.66.100(e) 27
442-OR 11.66.110 - 11.66.135] may be forfeited at sentencing. 28
443- * Sec. 23. AS 11.66.150 is amended to read: 29
444-Sec. 11.66.150. Definitions. In AS 11.66.101 - 11.66.150 [AS 11.66.100 - 30
445-11.66.150], unless the context requires otherwise, 31 33-LS0242\O
446-HCS CSSB 28(JUD) -14- SB0028d
447- New Text Underlined [DELETED TEXT BRACKETED]
448-
449-(1) "compensation" does not include any payment for reasonably 1
450-apportioned shared expenses; 2
451-(2) "place of prostitution" means any place where a person, other than 3
452-a proprietor of the place, engages in sexual conduct in return for a fee; 4
453-(3) "prostitution enterprise" means an arrangement in which two or 5
454-more persons are organized to render sexual conduct in return for a fee; 6
455-(4) "sexual conduct" means genital or anal intercourse, cunnilingus, 7
456-fellatio, or masturbation of one person by another person. 8
457- * Sec. 24. AS 11.66.150 is amended by adding a new paragraph to read: 9
458-(5) "fee" does not include payment for reasonably apportioned shared 10
459-expenses of a residence. 11
460- * Sec. 25. AS 11.81.250(a) is amended to read: 12
461-(a) For purposes of sentencing under AS 12.55, all offenses defined in this 13
462-title, except murder in the first and second degree, attempted murder in the first 14
463-degree, solicitation to commit murder in the first degree, conspiracy to commit murder 15
464-in the first degree, murder of an unborn child, human trafficking in the first degree, 16
465-sexual assault in the first degree, sexual abuse of a minor in the first degree, 17
466-misconduct involving a controlled substance in the first degree, sex trafficking in the 18
467-first degree [UNDER AS 11.66.110(a)(2)], and kidnapping, are classified on the basis 19
468-of their seriousness, according to the type of injury characteristically caused or risked 20
469-by commission of the offense and the culpability of the offender. Except for murder in 21
470-the first and second degree, attempted murder in the first degree, solicitation to 22
471-commit murder in the first degree, conspiracy to commit murder in the first degree, 23
472-murder of an unborn child, human trafficking in the first degree, sexual assault in 24
473-the first degree, sexual abuse of a minor in the first degree, misconduct involving a 25
474-controlled substance in the first degree, sex trafficking in the first degree [UNDER 26
475-AS 11.66.110(a)(2)], and kidnapping, the offenses in this title are classified into the 27
476-following categories: 28
477-(1) class A felonies, which characteristically involve conduct resulting 29
478-in serious physical injury or a substantial risk of serious physical injury to a person; 30
479-(2) class B felonies, which characteristically involve conduct resulting 31 33-LS0242\O
480-SB0028d -15- HCS CSSB 28(JUD)
481- New Text Underlined [DELETED TEXT BRACKETED]
482-
483-in less severe violence against a person than class A felonies, aggravated offenses 1
484-against property interests, or aggravated offenses against public administration or 2
485-order; 3
486-(3) class C felonies, which characteristically involve conduct serious 4
487-enough to deserve felony classification but not serious enough to be classified as A or 5
488-B felonies; 6
489-(4) class A misdemeanors, which characteristically involve less severe 7
490-violence against a person, less serious offenses against property interests, less serious 8
491-offenses against public administration or order, or less serious offenses against public 9
492-health and decency than felonies; 10
493-(5) class B misdemeanors, which characteristically involve a minor 11
494-risk of physical injury to a person, minor offenses against property interests, minor 12
495-offenses against public administration or order, or minor offenses against public health 13
496-and decency; 14
497-(6) violations, which characteristically involve conduct inappropriate 15
498-to an orderly society but which do not denote criminality in their commission. 16
499- * Sec. 26. AS 11.81.250(b) is amended to read: 17
500-(b) The classification of each felony defined in this title, except murder in the 18
501-first and second degree, attempted murder in the first degree, solicitation to commit 19
502-murder in the first degree, conspiracy to commit murder in the first degree, murder of 20
503-an unborn child, human trafficking in the first degree, sexual assault in the first 21
504-degree, sexual abuse of a minor in the first degree, misconduct involving a controlled 22
505-substance in the first degree, sex trafficking in the first degree [UNDER 23
506-AS 11.66.110(a)(2)], and kidnapping, is designated in the section defining it. A felony 24
507-under the law of this state defined outside this title for which no penalty is specifically 25
508-provided is a class C felony. 26
509- * Sec. 27. AS 11.81.900(b) is amended by adding new paragraphs to read: 27
510-(69) "adult entertainment" means an activity in which one or more 28
511-individuals are employed, contracted, or permitted to, wholly or in part, entertain 29
512-others by 30
513-(A) removing clothes or other items that clothe or hide the 31 33-LS0242\O
514-HCS CSSB 28(JUD) -16- SB0028d
515- New Text Underlined [DELETED TEXT BRACKETED]
516-
517-person's body; 1
518-(B) dancing or in any other manner exhibiting the individual's 2
519-body in a completely or almost completely unclothed state; 3
520-(C) participating in a simulated illegal, indecent, or lewd 4
521-exhibition, act, or practice, including simulated 5
522-(i) sexual penetration; 6
523-(ii) the lewd exhibition or touching of a person's 7
524-genitals, anus, or breast; or 8
525-(iii) bestiality; 9
526-(70) "commercial sexual act" means a sexual act for which anything of 10
527-value is given or received by any person; 11
528-(71) "services, resources, or other assistance" includes financial 12
529-support, business services, lodging, transportation, providing false identification 13
530-documents or other documentation, equipment, facilities, or any other service or 14
531-property, regardless of whether a person is compensated; 15
532-(72) "sexual act" means sexual penetration or sexual contact; 16
533-(73) "victim of sex trafficking" means a person who has been induced 17
534-or caused to engage in a commercial sexual act under AS 11.41.340 - 11.41.350. 18
535- * Sec. 28. AS 12.10.010 is amended to read: 19
536-Sec. 12.10.010. General time limitations. (a) Prosecution for the following 20
537-offenses may be commenced at any time: 21
538-(1) murder; 22
539-(2) attempt, solicitation, or conspiracy to commit murder or hindering 23
540-the prosecution of murder; 24
541-(3) felony sexual abuse of a minor; 25
542-(4) sexual assault that is an unclassified, class A, or class B felony or a 26
543-violation of AS 11.41.425(a)(2) - (4); 27
544-(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 28
545-[AS 11.66.110 - 11.66.130,] or former AS 11.41.430, when committed against a 29
546-person who, at the time of the offense, was under 18 years of age; 30
547-(6) kidnapping; 31 33-LS0242\O
548-SB0028d -17- HCS CSSB 28(JUD)
549- New Text Underlined [DELETED TEXT BRACKETED]
550-
551-(7) distribution of generated obscene child sexual abuse material in 1
552-violation of AS 11.61.121 or distribution of child sexual abuse material 2
553-[PORNOGRAPHY] in violation of AS 11.61.125; 3
554-(8) sex trafficking in violation of AS 11.41.340 or 11.41.345 4
555-[AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR CLASS B 5
556-FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT THE 6
557-TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE]; 7
558-(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 8
559-(b) Except as otherwise provided by law or in (a) of this section, a person may 9
560-not be prosecuted, tried, or punished for an offense unless the indictment is found or 10
561-the information or complaint is instituted not later than 11
562-(1) 10 years after the commission of a felony offense in violation of 12
563-AS 11.41.120 - 11.41.330, 11.41.350, 11.41.366, 11.41.425(a)(1), 11.41.425(a)(5), 13
564-11.41.425(a)(6), or 11.41.450 - 11.41.458; or 14
565-(2) five years after the commission of any other offense. 15
566- * Sec. 29. AS 12.37.010 is amended to read: 16
567-Sec. 12.37.010. Authorization to intercept communications. The attorney 17
568-general, or a person designated in writing or by law to act for the attorney general, 18
569-may authorize, in writing, an ex parte application to a court of competent jurisdiction 19
570-for an order authorizing the interception of a private communication if the interception 20
571-may provide evidence of, or may assist in the apprehension of persons who have 21
572-committed, are committing, or are planning to commit, the following offenses: 22
573-(1) murder in the first or second degree under AS 11.41.100 - 23
574-11.41.110; 24
575-(2) kidnapping under AS 11.41.300; 25
576-(3) a class A or unclassified felony drug offense under AS 11.71; 26
577-(4) sex trafficking in the first or second degree under AS 11.41.340 or 27
578-11.41.345 [AS 11.66.110 AND 11.66.120]; or 28
579-(5) human trafficking [IN THE FIRST DEGREE] under AS 11.41.360 29
580-or 11.41.365. 30
581- * Sec. 30. AS 12.45.049 is amended to read: 31 33-LS0242\O
582-HCS CSSB 28(JUD) -18- SB0028d
583- New Text Underlined [DELETED TEXT BRACKETED]
584-
585-Sec. 12.45.049. Privilege relating to domestic violence, sex trafficking, and 1
586-sexual assault counseling. Confidential communications between a victim of 2
587-domestic violence, sex trafficking, or sexual assault and a victim counselor are 3
588-privileged under AS 18.66.200 - 18.66.250. 4
589- * Sec. 31. AS 12.55.015 is amended by adding a new subsection to read: 5
590-(m) In addition to the penalties authorized by this section, if a defendant holds 6
591-a business license and is convicted of an offense under AS 11.41.340 - 11.41.366, and 7
592-the defendant used the business in furtherance of the offense, the court shall revoke the 8
593-defendant's business license. 9
594- * Sec. 32. AS 12.55.035(b) is amended to read: 10
595-(b) Upon conviction of an offense, a defendant who is not an organization may 11
596-be sentenced to pay, unless otherwise specified in the provision of law defining the 12
597-offense, a fine of not more than 13
598-(1) $500,000 for murder in the first or second degree, attempted 14
599-murder in the first degree, murder of an unborn child, human trafficking in the first 15
600-degree, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), 16
601-sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first 17
602-degree [UNDER AS 11.66.110(a)(2)], or misconduct involving a controlled substance 18
603-in the first degree; 19
604-(2) $250,000 for a class A felony; 20
605-(3) $100,000 for a class B felony; 21
606-(4) $50,000 for a class C felony; 22
607-(5) $25,000 for a class A misdemeanor; 23
608-(6) $2,000 for a class B misdemeanor; 24
609-(7) $500 for a violation. 25
610- * Sec. 33. AS 12.55.078(f) is amended to read: 26
611-(f) The court may not suspend the imposition or entry of judgment and may 27
612-not defer prosecution under this section of a person who 28
613-(1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 29
614-- 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 30
615-AS 11.46.400, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 31 33-LS0242\O
616-SB0028d -19- HCS CSSB 28(JUD)
617- New Text Underlined [DELETED TEXT BRACKETED]
618-
619-11.61.128], AS 11.66.101, or 11.66.104 [OR AS 11.66.110 - 11.66.135]; 1
620-(2) uses a firearm in the commission of the offense for which the 2
621-person is charged; 3
622-(3) has previously been granted a suspension of judgment under this 4
623-section or a similar statute in another jurisdiction, unless the court enters written 5
624-findings that by clear and convincing evidence the person's prospects for rehabilitation 6
625-are high and suspending judgment under this section adequately protects the victim of 7
626-the offense, if any, and the community; 8
627-(4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 9
628-and the person has one or more prior convictions for a misdemeanor violation of 10
629-AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 11
630-having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 12
631-felony in this state; for the purposes of this paragraph, a person shall be considered to 13
632-have a prior conviction even if 14
633-(A) the charges were dismissed under this section; 15
634-(B) the conviction has been set aside under AS 12.55.085; or 16
635-(C) the charge or conviction was dismissed or set aside under 17
636-an equivalent provision of the laws of another jurisdiction; or 18
637-(5) is charged with a crime involving domestic violence, as defined in 19
638-AS 18.66.990. 20
639- * Sec. 34. AS 12.55.085(f) is amended to read: 21
640-(f) The court may not suspend the imposition of sentence of a person who 22
641-(1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 23
642-- 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 24
643-AS 11.46.400, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 25
644-11.61.128], AS 11.66.101, or 11.66.104 [OR AS 11.66.110 - 11.66.135]; 26
645-(2) uses a firearm in the commission of the offense for which the 27
646-person is convicted; or 28
647-(3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 29
648-and the person has one or more prior convictions for a misdemeanor violation of 30
649-AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 31 33-LS0242\O
650-HCS CSSB 28(JUD) -20- SB0028d
651- New Text Underlined [DELETED TEXT BRACKETED]
652-
653-having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 1
654-felony in this state; for the purposes of this paragraph, a person shall be considered to 2
655-have a prior conviction even if that conviction has been set aside under (e) of this 3
656-section or under the equivalent provision of the laws of another jurisdiction. 4
657- * Sec. 35. AS 12.55.100(e) is amended to read: 5
658-(e) In addition to other conditions imposed on the defendant, while on 6
659-probation and as a condition of probation 7
660-(1) for a sex offense, as described in AS 12.63.100, the defendant 8
661-(A) shall be required to submit to regular periodic polygraph 9
662-examinations; 10
663-(B) may be required to provide each electronic mail address, 11
664-instant messaging address, and other Internet communication identifier that the 12
665-defendant uses to the defendant's probation officer; the probation officer shall 13
666-forward those addresses and identifiers to the Alaska state troopers and to the 14
667-local law enforcement agency; 15
668-(2) if the defendant was convicted of a violation of AS 11.41.434 - 16
669-11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 17
670-11.61.128], or a similar offense in another jurisdiction, the defendant may be required 18
671-to refrain from 19
672-(A) using or creating an Internet site; 20
673-(B) communicating with children under 16 years of age; 21
674-(C) possessing or using a computer; or 22
675-(D) residing within 500 feet of school grounds; in this 23
676-subparagraph, "school grounds" has the meaning given in AS 11.71.900. 24
677- * Sec. 36. AS 12.55.125(b) is amended to read: 25
678-(b) A defendant convicted of attempted murder in the first degree, solicitation 26
679-to commit murder in the first degree, conspiracy to commit murder in the first degree, 27
680-kidnapping, human trafficking in the first degree, or misconduct involving a 28
681-controlled substance in the first degree shall be sentenced to a definite term of 29
682-imprisonment of at least five years but not more than 99 years. A defendant convicted 30
683-of murder in the second degree or murder of an unborn child und er 31 33-LS0242\O
684-SB0028d -21- HCS CSSB 28(JUD)
685- New Text Underlined [DELETED TEXT BRACKETED]
686-
687-AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at 1
688-least 15 years but not more than 99 years. A defendant convicted of murder in the 2
689-second degree shall be sentenced to a definite term of imprisonment of at least 20 3
690-years but not more than 99 years when the defendant is convicted of the murder of a 4
691-child under 16 years of age and the court finds by clear and convincing evidence that 5
692-the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal 6
693-guardian, or a person occupying a position of authority in relation to the child; or (2) 7
694-caused the death of the child by committing a crime against a person under 8
695-AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 9
696-authority" have the meanings given in AS 11.41.470. 10
697- * Sec. 37. AS 12.55.125(i) is amended to read: 11
698-(i) A defendant convicted of 12
699-(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 13
700-(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 14
701-under AS 11.41.455(c)(2), or sex trafficking in the first degree [UNDER 15
702-AS 11.66.110(a)(2)] may be sentenced to a definite term of imprisonment of not more 16
703-than 99 years and shall be sentenced to a definite term within the following 17
704-presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 18
705-(A) if the offense is a first felony conviction, the offense does 19
706-not involve circumstances described in (B) of this paragraph, and the victim 20
707-was 21
708-(i) less than 13 years of age, 25 to 35 years; 22
709-(ii) 13 years of age or older, 20 to 30 years; 23
710-(B) if the offense is a first felony conviction and the defendant 24
711-possessed a firearm, used a dangerous instrument, or caused serious physical 25
712-injury during the commission of the offense, 25 to 35 years; 26
713-(C) if the offense is a second felony conviction and does not 27
714-involve circumstances described in (D) of this paragraph, 30 to 40 years; 28
715-(D) if the offense is a second felony conviction and the 29
716-defendant has a prior conviction for a sexual felony, 35 to 45 years; 30
717-(E) if the offense is a third felony conviction and the defendant 31 33-LS0242\O
718-HCS CSSB 28(JUD) -22- SB0028d
719- New Text Underlined [DELETED TEXT BRACKETED]
720-
721-is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 1
722-to 60 years; 2
723-(F) if the offense is a third felony conviction, the defendant is 3
724-not subject to sentencing under (l) of this section, and the defendant has two 4
725-prior convictions for sexual felonies, 99 years; 5
726-(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), sex 6
727-trafficking in the second degree, unlawful exploitation of a minor under 7
728-AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), or attempt, 8
729-conspiracy, or solicitation to commit sexual assault in the first degree under 9
730-AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, 10
731-unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex trafficking in the 11
732-first degree [UNDER AS 11.66.110(a)(2)] may be sentenced to a definite term of 12
733-imprisonment of not more than 99 years and shall be sentenced to a definite term 13
734-within the following presumptive ranges, subject to adjustment as provided in 14
735-AS 12.55.155 - 12.55.175: 15
736-(A) if the offense is a first felony conviction, the offense does 16
737-not involve circumstances described in (B) of this paragraph, and the victim 17
738-was 18
739-(i) under 13 years of age, 20 to 30 years; 19
740-(ii) 13 years of age or older, 15 to 30 years; 20
741-(B) if the offense is a first felony conviction and the defendant 21
742-possessed a firearm, used a dangerous instrument, or caused serious physical 22
743-injury during the commission of the offense, 25 to 35 years; 23
744-(C) if the offense is a second felony conviction and does not 24
745-involve circumstances described in (D) of this paragraph, 25 to 35 years; 25
746-(D) if the offense is a second felony conviction and the 26
747-defendant has a prior conviction for a sexual felony, 30 to 40 years; 27
748-(E) if the offense is a third felony conviction, the offense does 28
749-not involve circumstances described in (F) of this paragraph, and the defendant 29
750-is not subject to sentencing under (l) of this section, 35 to 50 years; 30
751-(F) if the offense is a third felony conviction, the defendant is 31 33-LS0242\O
752-SB0028d -23- HCS CSSB 28(JUD)
753- New Text Underlined [DELETED TEXT BRACKETED]
754-
755-not subject to sentencing under (l) of this section, and the defendant has two 1
756-prior convictions for sexual felonies, 99 years; 2
757-(3) sex trafficking in the third degree under AS 11.41.350(b)(1), 3
758-patron of a victim of sex trafficking under AS 11.41.355(c)(1), sexual assault in the 4
759-second degree, sexual abuse of a minor in the second degree, enticement of a minor 5
760-under AS 11.41.452(d), indecent exposure in the first degree un der 6
761-AS 11.41.458(b)(2), distribution of generated obscene child sexual abuse material 7
762-under AS 11.61.121(d)(2), indecent viewing or production of a picture under 8
763-AS 11.61.123(g)(1), distribution of child sexual abuse material [PORNOGRAPHY] 9
764-under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation to commit sexual 10
765-assault in the first degree under AS 11.41.410(a)(1)(B), sex trafficking in the second 11
766-degree, unlawful exploitation of a minor under AS 11.41.455(c)(1), or enticement 12
767-of a minor under AS 11.41.452(e) may be sentenced to a definite term of 13
768-imprisonment of not more than 99 years and shall be sentenced to a definite term 14
769-within the following presumptive ranges, subject to adjustment as provided in 15
770-AS 12.55.155 - 12.55.175: 16
771-(A) if the offense is a first felony conviction, five to 15 years; 17
772-(B) if the offense is a second felony conviction and does not 18
773-involve circumstances described in (C) of this paragraph, 10 to 25 years; 19
774-(C) if the offense is a second felony conviction and the 20
775-defendant has a prior conviction for a sexual felony, 15 to 30 years; 21
776-(D) if the offense is a third felony conviction and does not 22
777-involve circumstances described in (E) of this paragraph, 20 to 35 years; 23
778-(E) if the offense is a third felony conviction and the defendant 24
779-has two prior convictions for sexual felonies, 99 years; 25
780-(4) sex trafficking in the third degree under AS 11.41.350(b)(2), 26
781-patron of a victim of sex trafficking under AS 11.41.355(c)(2), sexual assault in the 27
782-third degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), 28
783-incest, indecent exposure in the first degree under AS 11.41.458(b)(1), distribution of 29
784-generated obscene child sexual abuse material under AS 11.61.121(d)(1), 30
785-possession of generated obscene child sexual abuse material, indecent viewing or 31 33-LS0242\O
786-HCS CSSB 28(JUD) -24- SB0028d
787- New Text Underlined [DELETED TEXT BRACKETED]
788-
789-production of a picture under AS 11.61.123(g)(2) [AS 11.61.123(f)(1) OR (2)], 1
790-possession of child sexual abuse material [PORNOGRAPHY], distribution of child 2
791-sexual abuse material [PORNOGRAPHY] under AS 11.61.125(e)(1), or attempt, 3
792-conspiracy, or solicitation to commit sex trafficking in the third degree under 4
793-AS 11.41.350(b)(1), patron of a victim of sex trafficking under AS 11.41.355(c)(1), 5
794-sexual assault in the second degree, sexual abuse of a minor in the second degree, 6
795-indecent viewing or production of a picture under AS 11.61.123(g)(1), 7
796-distribution of generated obscene child sexual abuse material, [UNLAWFUL 8
797-EXPLOITATION OF A MINOR,] or distribution of child sexual abuse material 9
798-under AS 11.61.125(e)(2) [PORNOGRAPHY], may be sentenced to a definite term 10
799-of imprisonment of not more than 99 years and shall be sentenced to a definite term 11
800-within the following presumptive ranges, subject to adjustment as provided in 12
801-AS 12.55.155 - 12.55.175: 13
802-(A) if the offense is a first felony conviction and does not 14
803-involve the circumstances described in (B) or (C) of this paragraph, two to 12 15
804-years; 16
805-(B) if the offense is a first felony conviction under 17
806-AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 18
807-involve circumstances described in (C) of this paragraph, four to 12 years; 19
808-(C) if the offense is a first felony conviction under 20
809-AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 21
810-defendant hosted, created, or helped host or create a mechanism for multi-party 22
811-sharing or distribution of generated obscene child sexual abuse material or 23
812-child sexual abuse material [PORNOGRAPHY], or received a financial 24
813-benefit or had a financial interest in a generated obscene child sexual abuse 25
814-material or child sexual abuse material [PORNOGRAPHY] sharing or 26
815-distribution mechanism, six to 14 years; 27
816-(D) if the offense is a second felony conviction and does not 28
817-involve circumstances described in (E) of this paragraph, eight to 15 years; 29
818-(E) if the offense is a second felony conviction and the 30
819-defendant has a prior conviction for a sexual felony, 12 to 20 years; 31 33-LS0242\O
820-SB0028d -25- HCS CSSB 28(JUD)
821- New Text Underlined [DELETED TEXT BRACKETED]
822-
823-(F) if the offense is a third felony conviction and does not 1
824-involve circumstances described in (G) of this paragraph, 15 to 25 years; 2
825-(G) if the offense is a third felony conviction and the defendant 3
826-has two prior convictions for sexual felonies, 99 years. 4
827- * Sec. 38. AS 12.55.127(d) is amended to read: 5
828-(d) If the defendant is being sentenced for two or more crimes of distribution 6
829-of generated obscene child sexual abuse material under AS 11.61.121, possession 7
830-of generated obscene child sexual abuse material under AS 11.61.122, distribution 8
831-of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 9
832-of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 10
833-distribution of indecent material to minors under AS 11.61.128, a consecutive term of 11
834-imprisonment shall be imposed for some additional term of imprisonment for each 12
835-additional crime or each additional attempt or solicitation to commit the offense. 13
836- * Sec. 39. AS 12.55.135 is amended by adding a new subsection to read: 14
837-(q) A defendant convicted under AS 11.66.106 shall be sentenced to a 15
838-minimum term of imprisonment of 72 hours if the defendant has been previously 16
839-convicted once in the previous five years in this or another jurisdiction of an offense 17
840-under AS 11.66.106 or an offense under another law or ordinance with similar 18
841-elements. 19
842- * Sec. 40. AS 12.55.185(10) is amended to read: 20
843-(10) "most serious felony" means 21
844-(A) arson in the first degree, [SEX TRAFFICKING IN THE 22
845-FIRST DEGREE UNDER AS 11.66.110(a)(2),] enticement of a minor under 23
846-AS 11.41.452(e), or any unclassified or class A felony prescribed under 24
847-AS 11.41; or 25
848-(B) an attempt, or conspiracy to commit, or criminal 26
849-solicitation under AS 11.31.110 of, an unclassified felony prescribed under 27
850-AS 11.41; 28
851- * Sec. 41. AS 12.55.185(16) is amended to read: 29
852-(16) "sexual felony" means sexual assault in the first degree, sexual 30
853-abuse of a minor in the first degree, sex trafficking in the first degree, sex trafficking 31 33-LS0242\O
854-HCS CSSB 28(JUD) -26- SB0028d
855- New Text Underlined [DELETED TEXT BRACKETED]
856-
857-in the second degree, sexual assault in the second degree, sexual abuse of a minor in 1
858-the second degree, sex trafficking in the third degree, patron of a victim of sex 2
859-trafficking, sexual abuse of a minor in the third degree under AS 11.41.438(c), 3
860-unlawful exploitation of a minor, distribution of generated obscene child sexual 4
861-abuse material, possession of generated obscene child sexual abuse material, 5
862-indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2) 6
863-[AS 11.61.123(f)(1) OR (2)], distribution of child sexual abuse material 7
864-[PORNOGRAPHY], sexual assault in the third degree, incest, indecent exposure in 8
865-the first degree, possession of child sexual abuse material [PORNOGRAPHY], 9
866-enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 10
867-crimes; 11
868- * Sec. 42. AS 12.61.125(a) is amended to read: 12
869-(a) The defendant accused of a sex [SEXUAL] offense, the defendant's 13
870-counsel, or an investigator or other person acting on behalf of the defendant, may not 14
871-(1) notwithstanding AS 12.61.120, contact the victim of the offense or 15
872-a witness to the offense if the victim or witness, or the parent or guardian of the victim 16
873-or witness if the victim or witness is a minor, has informed the defendant or the 17
874-defendant's counsel in writing or in person that the victim or witness does not wish to 18
875-be contacted by the defense; a victim or witness who has not informed the defendant 19
876-or the defendant's counsel in writing or in person that the victim does not wish to be 20
877-contacted by the defense is entitled to rights as provided in AS 12.61.120; 21
878-(2) obtain a statement from the victim of the offense or a witness to the 22
879-offense, unless, 23
880-(A) if the statement is taken as a recording, the recording is 24
881-taken in compliance with AS 12.61.120, and written authorization is first 25
882-obtained from the victim or witness, or from the parent or guardian of the 26
883-victim or witness if the victim or witness is a minor; the written authorization 27
884-must state that the victim or witness is aware that there is no legal requirement 28
885-that the victim or witness talk to the defense; or 29
886-(B) if the statement is not taken as a recording, written 30
887-authorization is first obtained from the victim or witness, or from the parent or 31 33-LS0242\O
888-SB0028d -27- HCS CSSB 28(JUD)
889- New Text Underlined [DELETED TEXT BRACKETED]
890-
891-guardian of the victim or witness if the victim or witness is a minor; the written 1
892-authorization must state that the victim or witness is aware that there is no 2
893-legal requirement that the victim or witness talk to the defense; a victim or 3
894-witness making a statement under this subparagraph remains entitled to rights 4
895-as provided in AS 12.61.120. 5
896- * Sec. 43. AS 12.61.125(d) is amended by adding a new paragraph to read: 6
897-(3) "sex offense" has the meaning given in AS 12.63.100 and includes 7
898-a crime, or an attempt, solicitation, or conspiracy to commit a crime under 8
899-AS 11.41.440(a)(1). 9
900- * Sec. 44. AS 12.61.140 is amended to read: 10
901-Sec. 12.61.140. Disclosure of victim's name. (a) The portion of the records of 11
902-a court or law enforcement agency that contains the name of the victim of an offense 12
903-under AS 11.41.300(a)(1)(C) or a victim of a sex offense [11.41.410 - 11.41.460] 13
904-(1) shall be withheld from public inspection, except with the consent of 14
905-the court in which the case is or would be prosecuted; and 15
906-(2) is not a public record under AS 40.25.110 - 40.25.125. 16
907-(b) In all written court records open to public inspection, the name of the 17
908-victim of an offense under AS 11.41.300(a)(1)(C) or a victim of a sex offense 18
909-[11.41.410 - 11.41.460] may not appear. Instead, the victim's initials shall be used. 19
910-However, a sealed record containing the victim's name shall be kept by the court in 20
911-order to ensure that a defendant is not charged twice for the same offense. 21
912- * Sec. 45. AS 12.61.140 is amended by adding a new subsection to read: 22
913-(c) In this section, "sex offense" has the meaning given in AS 12.63.100 and 23
914-includes a crime, or an attempt, solicitation, or conspiracy to commit a crime, under 24
915-AS 11.41.440(a)(1). 25
916- * Sec. 46. AS 12.62.900(23) is amended to read: 26
917-(23) "serious offense" means a conviction for a violation or for an 27
918-attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 28
919-or of the laws of another jurisdiction with substantially similar elements: 29
920-(A) a felony offense; 30
921-(B) a crime involving domestic violence; 31 33-LS0242\O
922-HCS CSSB 28(JUD) -28- SB0028d
923- New Text Underlined [DELETED TEXT BRACKETED]
924-
925-(C) AS 11.41.410 - 11.41.470; 1
926-(D) AS 11.51.130 or 11.51.200 - 11.56.210; 2
927-(E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 3
928-(F) AS 11.66.101 [AS 11.66.100 - 11.66.130]; 4
929-(G) former AS 11.15.120, former 11.15.134, or assault with the 5
930-intent to commit rape under former AS 11.15.160; or 6
931-(H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 7
932-11.40.420, if committed before January 1, 1980. 8
933- * Sec. 47. AS 12.63.100(7) is amended to read: 9
934-(7) "sex offense" means 10
935-(A) a crime under AS 11.41.100(a)(3), or a similar law of 11
936-another jurisdiction, in which the person committed or attempted to commit a 12
937-sexual offense, or a similar offense under the laws of the other jurisdiction; in 13
938-this subparagraph, "sexual offense" has the meaning given in 14
939-AS 11.41.100(a)(3); 15
940-(B) a crime under AS 11.41.110(a)(3), or a similar law of 16
941-another jurisdiction, in which the person committed or attempted to commit 17
942-one of the following crimes, or a similar law of another jurisdiction: 18
943-(i) sexual assault in the first degree; 19
944-(ii) sexual assault in the second degree; 20
945-(iii) sexual abuse of a minor in the first degree; or 21
946-(iv) sexual abuse of a minor in the second degree; 22
947-(C) a crime, or an attempt, solicitation, or conspiracy to commit 23
948-a crime, under the following statutes or a similar law of another jurisdiction: 24
949-(i) AS 11.41.410 - 11.41.438; 25
950-(ii) AS 11.41.440(a)(2); 26
951-(iii) AS 11.41.450 - 11.41.458; 27
952-(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 28
953-exposure is before a person under 16 years of age and the offender has 29
954-previously been convicted under AS 11.41.460 or AS 26.05.900(c); 30
955-(v) AS 11.61.125 - 11.61.128; 31 33-LS0242\O
956-SB0028d -29- HCS CSSB 28(JUD)
957- New Text Underlined [DELETED TEXT BRACKETED]
958-
959-(vi) former AS 11.66.110, former 11.66.130(a)(2)(B), 1
960-or AS 26.05.900(b) if the person who was induced or caused to engage 2
961-in prostitution was under 20 years of age at the time of the offense; 3
962-(vii) former AS 11.15.120, former 11.15.134, or assault 4
963-with the intent to commit rape under former AS 11.15.160, former 5
964-AS 11.40.110, or former 11.40.200; 6
965-(viii) AS 11.61.118(a)(2) if the offender has a previous 7
966-conviction for that offense; 8
967-(ix) [AS 11.66.100(a)(2) IF THE OFFENDER IS 9
968-SUBJECT TO PUNISHMENT UNDER AS 11.66.100(e); 10
969-(x)] AS 26.05.890 if the person engaged in sexual 11
970-penetration or sexual contact with the victim; 12
971-(x) [(xi)] AS 26.05.890 if, at the time of the offense, the 13
972-victim is under a duty to obey the lawful orders of the offender, 14
973-regardless of whether the offender is in the direct chain of command 15
974-over the victim; 16
975-(xi) [(xii)] AS 26.05.893 if the person engaged in sexual 17
976-penetration or sexual contact with the victim; 18
977-(xii) AS 26.05.900(a) [(xiii) AS 26.05.900(a)(1) - (4)] if 19
978-the victim is under 18 years of age at the time of the offense; 20
979-(xiii) [(xiv)] AS 26.05.900 if, at the time of the offense, 21
980-the victim is under a duty to obey the lawful orders of the offender, 22
981-regardless of whether the offender is in the direct chain of command 23
982-over the victim; 24
983-(xiv) [OR (xv)] AS 11.61.123 if the offender is subject 25
984-to punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) or 26
985-(2)]; or 27
986-(xv) AS 11.41.340, 11.41.345, or 11.41.355; or 28
987-(D) an offense, or an attempt, solicitation, or conspiracy to 29
988-commit an offense, under AS 26.05.935(b), or a similar law of another 30
989-jurisdiction, if the member of the militia commits one of the following 31 33-LS0242\O
990-HCS CSSB 28(JUD) -30- SB0028d
991- New Text Underlined [DELETED TEXT BRACKETED]
992-
993-enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 1
994-Code of Military Justice): 2
995-(i) child sexual abuse material [PORNOGRAPHY]; or 3
996-(ii) pandering and prostitution if the person who is 4
997-induced, enticed, caused, or procured to engage in a sexual act is under 5
998-21 [20] years of age at the time of the offense; or 6
999-(E) an offense in which the person is required to register as a 7
1000-sex offender under the laws of another jurisdiction; 8
1001- * Sec. 48. AS 12.72 is amended by adding new sections to read: 9
1002-Sec. 12.72.100. Vacation of judgment of conviction for prostitution. A 10
1003-person may petition the court to vacate the judgment if, at the time of the offense, the 11
1004-person was or would have been a victim of sex trafficking as defined in 12
1005-AS 11.81.900(b) and was convicted or adjudicated delinquent for prostitution under 13
1006-former AS 11.66.100 or under AS 11.66.102 or a similar municipal ordinance. 14
1007-Sec. 12.72.105. Filing of petition for vacation of judgment. (a) A person 15
1008-seeking a vacation of judgment under this chapter shall file a petition with the clerk at 16
1009-the court location where the underlying criminal case was filed and serve a copy on 17
1010-the prosecuting authority responsible for obtaining the conviction. 18
1011-(b) If the prosecuting authority does not file a response within 45 days after 19
1012-service of the petition, the court may grant the vacation of judgment without further 20
1013-proceedings. 21
1014-Sec. 12.72.110. Limitations on petition for vacation of judgment. (a) A 22
1015-person may file a petition under this chapter only after a judgment has been entered on 23
1016-the person's case or, if the conviction was appealed, after the court's decision on the 24
1017-case is final under the Alaska Rules of Appellate Procedure. 25
1018-(b) An action for a petition for vacation of judgment under AS 12.72.100 does 26
1019-not give rise to the right to a trial by jury. 27
1020-Sec. 12.72.115. Presumption and burden of proof in vacation of judgment 28
1021-proceedings. (a) The person petitioning the court for a vacation of judgment of 29
1022-conviction or adjudication of delinquency for prostitution under former AS 11.66.100 30
1023-or under AS 11.66.102 or a similar municipal ordinance must prove all factual 31 33-LS0242\O
1024-SB0028d -31- HCS CSSB 28(JUD)
1025- New Text Underlined [DELETED TEXT BRACKETED]
1026-
1027-assertions by a preponderance of the evidence. 1
1028-(b) There is a rebuttable presumption that a person who was under 21 years of 2
1029-age at the time of an offense under AS 11.66.102 was or would have been a victim of 3
1030-sex trafficking. 4
1031-Sec. 12.72.120. Vacation of judgment. (a) If the court grants the petition for a 5
1032-vacation of judgment, 6
1033-(1) the judgment of conviction or adjudication of delinquency for 7
1034-prostitution under former AS 11.66.100 or under AS 11.66.102 or a similar municipal 8
1035-ordinance shall be vacated; 9
1036-(2) the Alaska Court System may not publish on a publicly available 10
1037-Internet website the court records of the conviction for prostitution under former 11
1038-AS 11.66.100 or under AS 11.66.102 or a similar municipal ordinance if the person 12
1039-was not convicted of a felony charge in that case; and 13
1040-(3) the Department of Public Safety may not release information 14
1041-related to the conviction for prostitution under former AS 11.66.100 or under 15
1042-AS 11.66.102 or a similar municipal ordinance in response to a request under 16
1043-AS 12.62.160(b)(6), (8), or (9). 17
1044-(b) The Alaska Court System shall remove a person's court records from a 18
1045-publicly available Internet website under (a)(2) of this section within 30 days after the 19
1046-court grants a petition for vacation of judgment. 20
1047- * Sec. 49. AS 14.20.030(b) is amended to read: 21
1048-(b) The commissioner or the Professional Teaching Practices Commission 22
1049-shall revoke for life the certificate of a person who has been convicted of a crime, or 23
1050-an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 24
1051-AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 25
1052-11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 26
1053-offense described in this subsection. 27
1054- * Sec. 50. AS 15.80.010(10) is amended to read: 28
1055-(10) "felony involving moral turpitude" includes those crimes that are 29
1056-immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 30
1057-sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 31 33-LS0242\O
1058-HCS CSSB 28(JUD) -32- SB0028d
1059- New Text Underlined [DELETED TEXT BRACKETED]
1060-
1061-coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 1
1062-forgery device, offering a false instrument for recording, scheme to defraud, falsifying 2
1063-business records, commercial bribe receiving, commercial bribery, bribery, receiving a 3
1064-bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 4
1065-escape, promoting contraband, interference with official proceedings, receiving a bribe 5
1066-by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 6
1067-evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 7
1068-explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 8
1069-misconduct involving a controlled substance or an imitation controlled substance, 9
1070-permitting an escape, promoting gambling, possession of gambling records, 10
1071-distribution of child sexual abuse material [PORNOGRAPHY], and possession of 11
1072-child sexual abuse material [PORNOGRAPHY]; 12
1073- * Sec. 51. AS 18.65.530(a) is amended to read: 13
1074-(a) Except as provided in (b) or (c) of this section, a peace officer, with or 14
1075-without a warrant, shall arrest a person if the officer has probable cause to believe the 15
1076-person has, either in or outside the presence of the officer, within the previous 12 16
1077-hours, 17
1078-(1) committed domestic violence, except an offense under 18
1079-AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 19
1080-(2) committed the crime of violating a protective order in violation of 20
1081-AS 11.56.740(a)(1), [OR] (2), or (4); 21
1082-(3) violated a condition of release imposed under AS 12.30.016(e) or 22
1083-(f) or 12.30.027. 23
1084- * Sec. 52. AS 18.65.540(a) is amended to read: 24
1085-(a) The Department of Public Safety shall maintain a central registry of 25
1086-protective orders issued by or filed with a court of this state under AS 13.26.450 - 26
1087-13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 - 18.65.870], or AS 18.66.100 - 27
1088-18.66.180. The registry must include, for each protective order, the names of the 28
1089-petitioner and respondent, their dates of birth, and the conditions and duration of the 29
1090-order. The registry shall retain a record of the protective order after it has expired. 30
1091- * Sec. 53. AS 18.65.540(b) is amended to read: 31 33-LS0242\O
1092-SB0028d -33- HCS CSSB 28(JUD)
1093- New Text Underlined [DELETED TEXT BRACKETED]
1094-
1095-(b) A peace officer receiving a protective order from a court under 1
1096-AS 13.26.450, 13.26.455, AS 18.65.850 - 18.65.855, 18.65.875, 18.65.877, or 2
1097-AS 18.66.100 - 18.66.180, a modified order issued under AS 13.26.460, 3
1098-AS 18.65.860, 18.65.880, or AS 18.66.120, or an order dismissing a protective order 4
1099-shall take reasonable steps to ensure that the order, modified order, or dismissal is 5
1100-entered into the central registry within 24 hours after being received. 6
1101- * Sec. 54. AS 18.65 is amended by adding new sections to read: 7
1102-Article 12A. Workplace Violence Protective Orders. 8
1103-Sec. 18.65.875. Protective orders; eligible petitioners; relief. (a) An 9
1104-employer may file a petition in the district or superior court for a protective order 10
1105-against an individual who the employer reasonably believes 11
1106-(1) committed an act of violence against the employer or an employee 12
1107-that occurred at the employer's workplace; or 13
1108-(2) made a threat of violence against the employer or an employee that 14
1109-can reasonably be construed as a threat that may be carried out at the employer's 15
1110-workplace. 16
1111-(b) When a petition for a protective order is filed, the court shall schedule a 17
1112-hearing and provide at least 10 days' notice to the respondent of the hearing and of the 18
1113-respondent's right to appear and be heard, either in person or through an attorney. If 19
1114-the court finds by a preponderance of evidence that the respondent has committed 20
1115-violence or made a threat of violence, regardless of whether the respondent appears at 21
1116-the hearing, the court may order any relief available under (c) of this section. The 22
1117-provisions of a protective order issued under this section are effective for six months 23
1118-unless earlier dissolved by the court. 24
1119-(c) A protective order issued under this section may 25
1120-(1) prohibit the respondent from making a threat to commit or 26
1121-committing violence; 27
1122-(2) prohibit the respondent from telephoning, contacting, or otherwise 28
1123-communicating directly or indirectly with the petitioner; 29
1124-(3) direct the respondent to stay away from the workplace of the 30
1125-petitioner, or any specified place frequented by the petitioner, during the normal 31 33-LS0242\O
1126-HCS CSSB 28(JUD) -34- SB0028d
1127- New Text Underlined [DELETED TEXT BRACKETED]
1128-
1129-course of the petitioner's business; however, the court may order the respondent to stay 1
1130-away from the respondent's own workplace only if the respondent has been provided 2
1131-actual notice of the opportunity to appear and be heard on the petition; 3
1132-(4) order other relief the court determines to be necessary to protect the 4
1133-workplace of the petitioner. 5
1134-(d) If the court issues a protective order under this section, the court shall 6
1135-(1) make reasonable efforts to ensure that the order is understood by 7
1136-the petitioner and the respondent; and 8
1137-(2) have the order delivered to the appropriate local law enforcement 9
1138-agency for expedited service and entry into the central registry of protective orders 10
1139-under AS 18.65.540. 11
1140-(e) A court may not deny a petition for a protective order solely because of a 12
1141-lapse of time between an act of violence or a threat of violence and the filing of the 13
1142-petition. 14
1143-Sec. 18.65.877. Ex parte protective orders for workplace violence. An 15
1144-employer who may file a petition for a protective order against an individual under 16
1145-AS 18.65.875 may file a petition for an ex parte protective order against the 17
1146-individual. If the court finds that the petition establishes probable cause that recent 18
1147-violence has occurred or a recent threat of violence has been made, that it is necessary 19
1148-to protect the employer from further violence, and that the petitioner has certified to 20
1149-the court in writing the efforts, if any, that have been made to provide notice to the 21
1150-respondent, the court shall ex parte and without notice to the respondent issue a 22
1151-protective order. An ex parte protective order under this section may grant the 23
1152-protection allowed by AS 18.65.875(c). An ex parte protective order expires 20 days 24
1153-after it is issued unless dissolved earlier by the court at the request of either the 25
1154-petitioner or the respondent after notice and, if requested, a hearing. If the court issues 26
1155-an ex parte protective order, the court shall have the order delivered to the appropriate 27
1156-law enforcement agency for expedited service and entry into the central registry of 28
1157-protective orders under AS 18.65.540. 29
1158-Sec. 18.65.880. Modification of workplace violence protective order. (a) 30
1159-Either the petitioner or the respondent may request modificatio
1160-n of a protective order 31 33-LS0242\O
1161-SB0028d -35- HCS CSSB 28(JUD)
1162- New Text Underlined [DELETED TEXT BRACKETED]
1163-
1164-issued under AS 18.65.875 or 18.65.877. If a request is made for modification of 1
1165-(1) a protective order after notice and hearing under AS 18.65.875, the 2
1166-court shall schedule a hearing within 20 days after the date the request is made, except 3
1167-that if the court finds that the request is meritless on its face, the court may deny the 4
1168-request without further hearing; or 5
1169-(2) an ex parte protective order under AS 18.65.877, the court shall 6
1170-schedule a hearing on three days' notice or on shorter notice as the court may 7
1171-prescribe. 8
1172-(b) If a request for a modification is made under this section and the 9
1173-respondent raises an issue not raised by the petitioner, the court may allow the 10
1174-petitioner additional time to respond. 11
1175-(c) If the court modifies a protective order under this section, the court shall 12
1176-issue a modified order and shall 13
1177-(1) make reasonable efforts to ensure that the order is understood by 14
1178-the petitioner and the respondent; and 15
1179-(2) have the order delivered to the appropriate local law enforcement 16
1180-agency for expedited service and for entry into the central registry of protective orders 17
1181-under AS 18.65.540. 18
1182-Sec. 18.65.885. Specific protective orders. (a) If a respondent in a protective 19
1183-order issued under AS 18.65.875 - 18.65.880 is prohibited from communicating with 20
1184-the petitioner, excluded from the petitioner's workplace, or ordered to stay away from 21
1185-the petitioner as provided in AS 18.65.875(c)(2) - (4), an invitation by the petitioner to 22
1186-communicate, enter the petitioner's workplace, or have other prohibited contact with 23
1187-the petitioner does not waive or nullify any provision in a protective order. 24
1188-(b) A court may not order parties into mediation or refer them to mediation for 25
1189-resolution of the issues arising from a petition for a protective order under 26
1190-AS 18.65.875 - 18.65.899. 27
1191-(c) In addition to other required information contained in a protective order, 28
1192-the order must include in bold face type the following statements: 29
1193-(1) "Violation of this order may be a misdemeanor, punishable by up 30
1194-to one year of incarceration and up to a $25,000 fine"; 31 33-LS0242\O
1195-HCS CSSB 28(JUD) -36- SB0028d
1196- New Text Underlined [DELETED TEXT BRACKETED]
1197-
1198-(2) "If you are ordered to have no contact with the petitioner or to stay 1
1199-away from the petitioner's workplace or other place designated by the court, an 2
1200-invitation by the petitioner to have the prohibited contact or to be present at or enter 3
1201-the workplace or other place does not in any way invalidate or nullify the order." 4
1202-(d) A protective order issued under AS 18.65.875 - 18.65.899 is in addition to 5
1203-and not in place of any other civil or criminal remedy. A petitioner is not barred from 6
1204-seeking an order under AS 18.65.875 - 18.65.899 because of the existence of another 7
1205-civil action between the petitioner and the respondent. 8
1206-Sec. 18.65.890. Forms for petitions and orders; fees. (a) The Alaska Court 9
1207-System shall prepare forms for petitions, protective orders, and instructions for their 10
1208-use by an employer seeking a protective order under AS 18.65.875 - 18.65.899. The 11
1209-forms must conform to the Alaska Rules of Civil Procedure, except that information 12
1210-on the forms may be filled in by legible handwriting. 13
1211-(b) In addition to other information required, a petition for a protective order 14
1212-must include a statement of pending civil or criminal actions involving the petitioner 15
1213-or the respondent. While a protective order is in effect or a petition for a protective 16
1214-order is pending, both the petitioner and the respondent have a continuing duty to 17
1215-inform the court of pending civil or criminal actions involving the petitioner or the 18
1216-respondent. 19
1217-(c) The office of the clerk of each superior and district court shall make 20
1218-available to the public the forms a person seeking a protective order under 21
1219-AS 18.65.875 - 18.65.899 may need and instructions for the use of the forms. The 22
1220-clerk shall provide assistance in completing the forms and filing the forms. 23
1221-(d) Filing fees may not be charged in any action seeking only the relief 24
1222-provided in AS 18.65.875 - 18.65.899. 25
1223-Sec. 18.65.895. Service of process. (a) Unless, on the record in court, the 26
1224-respondent has already been provided a copy of the court's order, process issued under 27
1225-AS 18.65.875 - 18.65.899 shall be promptly served and executed. If process is to be 28
1226-served on a respondent believed to be present or residing in a municipality, as defined 29
1227-in AS 29.71.800, or in an unincorporated community, process shall be served by a 30
1228-peace officer of that municipality or unincorporated community who has jurisdiction 31 33-LS0242\O
1229-SB0028d -37- HCS CSSB 28(JUD)
1230- New Text Underlined [DELETED TEXT BRACKETED]
1231-
1232-within the area of service. If a peace officer of the municipality or unincorporated 1
1233-community who has jurisdiction is not available, a superior court, district court, or 2
1234-magistrate may designate any other peace officer to serve and execute process. A state 3
1235-peace officer shall serve process in any area that is not within the jurisdiction of a 4
1236-peace officer of a municipality or unincorporated community. A peace officer shall 5
1237-use every reasonable means to serve process issued under AS 18.65.875 - 18.65.899. 6
1238-A judge may not order a peace officer to serve a petition that has been denied by the 7
1239-court. 8
1240-(b) Service of process under (a) of this section does not preclude a petitioner 9
1241-from using any other available means to serve process issued under AS 18.65.875 - 10
1242-18.65.899. 11
1243-(c) Fees for service of process may not be charged in a proceeding seeking 12
1244-only the relief provided in AS 18.65.875 - 18.65.899. 13
1245-Sec. 18.65.897. Civil liability. (a) A person may not bring a civil action for 14
1246-damages against the state, its officers, agents, or employees, or a law enforcement 15
1247-agency, its officers, agents, or employees for any failure to comply with the provisions 16
1248-of AS 18.65.875 - 18.65.899. 17
1249-(b) A person may not bring a civil action for damages against an employer for 18
1250-seeking or failing to seek a protective order unless an employer seeks a protective 19
1251-order for an illegitimate purpose. 20
1252-Sec. 18.65.899. Definitions. In AS 18.65.875 - 18.65.899, 21
1253-(1) "course of conduct" has the meaning given in AS 11.41.270; 22
1254-(2) "employee" means an individual employed by an employer but 23
1255-does not include an individual employed in the domestic service of any person; 24
1256-(3) "employer" means a person who employs one or more other 25
1257-persons; 26
1258-(4) "threat of violence" means a statement or course of conduct that 27
1259-recklessly places a person in fear of physical injury or death; 28
1260-(5) "violence" means a crime under AS 11.41 that injures a person or 29
1261-places a person in fear of physical injury or death; 30
1262-(6) "workplace" means a place of employment other than a place used 31 33-LS0242\O
1263-HCS CSSB 28(JUD) -38- SB0028d
1264- New Text Underlined [DELETED TEXT BRACKETED]
1265-
1266-primarily as a residence. 1
1267- * Sec. 55. AS 18.66.210 is amended to read: 2
1268-Sec. 18.66.210. Exceptions. The privilege provided under AS 18.66.200 does 3
1269-not apply to 4
1270-(1) reports of suspected child abuse or neglect under AS 47.17; 5
1271-(2) evidence that the victim is about to commit a crime; 6
1272-(3) a proceeding that occurs after the victim's death; 7
1273-(4) a communication relevant to an issue of breach by the victim or 8
1274-victim counselor of a duty arising out of the victim-victim counselor relationship; 9
1275-(5) a communication that is determined to be admissible hearsay as an 10
1276-excited utterance under the Alaska Rules of Evidence; 11
1277-(6) a child-in-need-of-aid proceeding under AS 47.10; 12
1278-(7) a communication made during the victim-victim counselor 13
1279-relationship if the services of the counselor were sought, obtained, or used to enable 14
1280-anyone to commit or plan a crime or to escape detection or apprehension after the 15
1281-commission of a crime; or 16
1282-(8) a criminal proceeding concerning criminal charges against a victim 17
1283-of domestic violence, sex trafficking, or sexual assault in which [WHERE] the victim 18
1284-is charged with a crime 19
1285-(A) under AS 11.41 against a minor; or 20
1286-(B) in which the physical, mental, or emotional condition of the 21
1287-victim is raised in defense of the victim. 22
1288- * Sec. 56. AS 18.66.250(1) is amended to read: 23
1289-(1) "confidential communication" means information exchanged 24
1290-between a victim and a victim counselor in private or in the presence of a third party 25
1291-who is necessary to facilitate communication or further the counseling process and 26
1292-that is disclosed in the course of victim counseling resulting from sex trafficking, a 27
1293-sexual assault, or domestic violence; 28
1294- * Sec. 57. AS 18.66.250(3) is amended to read: 29
1295-(3) "victim" means a person who consults a victim counselor for 30
1296-assistance in overcoming adverse effects of a sexual assault, sex trafficking, or 31 33-LS0242\O
1297-SB0028d -39- HCS CSSB 28(JUD)
1298- New Text Underlined [DELETED TEXT BRACKETED]
1299-
1300-domestic violence; 1
1301- * Sec. 58. AS 18.66.250(4) is amended to read: 2
1302-(4) "victim counseling" means support, assistance, advice, or treatment 3
1303-to alleviate the adverse effects of sex trafficking, a sexual assault, or domestic 4
1304-violence on the victim; 5
1305- * Sec. 59. AS 18.66.250(5) is amended to read: 6
1306-(5) "victim counseling center" means a private organization, an 7
1307-organization operated by or contracted by a branch of the armed forces of the United 8
1308-States, or a local government agency that 9
1309-(A) has, as one of its primary purposes, the provision of direct 10
1310-services to victims for trauma resulting from [A] sexual assault, sex 11
1311-trafficking, or domestic violence; 12
1312-(B) is not affiliated with a law enforcement agency or a 13
1313-prosecutor's office; and 14
1314-(C) is not on contract with the state to provide services under 15
1315-AS 47; 16
1316- * Sec. 60. AS 18.66.250(6) is amended to read: 17
1317-(6) "victim counselor" means an employee or supervised volunteer of a 18
1318-victim counseling center that provides counseling to victims 19
1319-(A) who has undergone a minimum of 40 hours of training in 20
1320-sex trafficking, domestic violence, or sexual assault, crisis intervention, victim 21
1321-support, treatment, and related areas; or 22
1322-(B) whose duties include victim counseling. 23
1323- * Sec. 61. AS 18.66.990(2) is amended to read: 24
1324-(2) "crisis intervention and prevention program" means a community 25
1325-program that provides information, education, counseling, and referral services to 26
1326-individuals experiencing personal crisis related to domestic violence, sex trafficking, 27
1327-or sexual assault and to individuals in personal or professional transition, excluding 28
1328-correctional half-way houses, outpatient mental health programs, and drug or alcohol 29
1329-rehabilitation programs; 30
1330- * Sec. 62. AS 18.67.080(a) is amended to read: 31 33-LS0242\O
1331-HCS CSSB 28(JUD) -40- SB0028d
1332- New Text Underlined [DELETED TEXT BRACKETED]
1333-
1334-(a) In a case in which a person is injured or killed by an incident specified in 1
1335-AS 18.67.101(1), [OR] by the act of any other person that is within the description of 2
1336-offenses listed in AS 18.67.101(2), or as a result of the person's involvement in a 3
1337-commercial sexual act as described in AS 18.67.101(3), the board may order the 4
1338-payment of compensation in accordance with the provisions of this chapter: 5
1339-(1) to or for the benefit of the injured person; 6
1340-(2) in the case of personal injury or death of the victim, to a person 7
1341-responsible or who had been responsible for the maintenance of the victim who has 8
1342-suffered pecuniary loss or incurred expenses as a result of the injury or death; 9
1343-(3) in the case of death of the victim, to or for the benefit of one or 10
1344-more of the dependents of the victim; or 11
1345-(4) to the provider of a service under AS 18.67.110(b). 12
1346- * Sec. 63. AS 18.67.101 is amended to read: 13
1347-Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 14
1348-board may order the payment of compensation in accordance with the provisions of 15
1349-this chapter for personal injury or death that resulted from 16
1350-(1) an attempt on the part of the applicant to prevent the commission of 17
1351-crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 18
1352-officer to do so, or aiding a victim of crime; [OR] 19
1353-(2) the commission or attempt on the part of one other than the 20
1354-applicant to commit any of the following offenses: 21
1355-(A) murder in any degree; 22
1356-(B) manslaughter; 23
1357-(C) criminally negligent homicide; 24
1358-(D) assault in any degree; 25
1359-(E) kidnapping; 26
1360-(F) sexual assault in any degree; 27
1361-(G) sexual abuse of a minor; 28
1362-(H) robbery in any degree; 29
1363-(I) threats to do bodily harm; 30
1364-(J) driving while under the influence of an alcoholic beverage, 31 33-LS0242\O
1365-SB0028d -41- HCS CSSB 28(JUD)
1366- New Text Underlined [DELETED TEXT BRACKETED]
1367-
1368-inhalant, or controlled substance or another crime resulting from the operation 1
1369-of a motor vehicle, boat, or airplane when the offender is under the influence 2
1370-of an alcoholic beverage, inhalant, or controlled substance; 3
1371-(K) arson in the first degree; 4
1372-(L) [SEX TRAFFICKING IN VIOLATION OF AS 11.66.110 5
1373-OR 11.66.130(a)(2)(B); 6
1374-(M)] human trafficking in any degree; or 7
1375-(M) [(N)] unlawful exploitation of a minor; or 8
1376-(3) the applicant's having been induced or caused to engage in a 9
1377-commercial sexual act under AS 11.41.340 - 11.41.350. 10
1378- * Sec. 64. AS 18.85.100(c) is amended to read: 11
1379-(c) An indigent person is entitled to representation under (a) and (b) of this 12
1380-section for purposes of bringing a timely application for post-conviction relief or 13
1381-petition for vacation of judgment under AS 12.72. An indigent person is not entitled 14
1382-to representation under (a) and (b) of this section for purposes of bringing 15
1383-(1) an untimely or successive application for post-conviction relief or 16
1384-petition for vacation of judgment under AS 12.72 or an untimely or successive 17
1385-motion for reduction or modification of sentence; 18
1386-(2) a petition for review or certiorari from an appellate court ruling on 19
1387-an application for post-conviction relief; or 20
1388-(3) an action or claim for habeas corpus in federal court attacking a 21
1389-state conviction. 22
1390- * Sec. 65. AS 22.15.100 is amended to read: 23
1391-Sec. 22.15.100. Functions and powers of district judge and magistrate. 24
1392-Each district judge and magistrate has the power 25
1393-(1) to issue writs of habeas corpus for the purpose of inquiring into the 26
1394-cause of restraint of liberty, returnable before a judge of the superior court, and the 27
1395-same proceedings shall be had on the writ as if it had been granted by the superior 28
1396-court judge under the laws of the state in those cases; 29
1397-(2) of a notary public; 30
1398-(3) to solemnize marriages; 31 33-LS0242\O
1399-HCS CSSB 28(JUD) -42- SB0028d
1400- New Text Underlined [DELETED TEXT BRACKETED]
1401-
1402-(4) to issue warrants of arrest, summons, and search warrants 1
1403-according to manner and procedure prescribed by law and the supreme court; 2
1404-(5) to act as an examining judge or magistrate in preliminary 3
1405-examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 4
1406-release of defendants under bail; 5
1407-(6) to act as a referee in matters and actions referred to the judge or 6
1408-magistrate by the superior court, with all powers conferred on [UPON] referees by 7
1409-laws; 8
1410-(7) of the superior court in all respects including contempts, attendance 9
1411-of witnesses, and bench warrants; 10
1412-(8) to order the temporary detention of a minor, or take other action 11
1413-authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, 12
1414-when the minor is in a condition or surrounding dangerous or injurious to the welfare 13
1415-of the minor or others that requires immediate action; the action may be continued in 14
1416-effect until reviewed by the superior court in accordance with rules of procedure 15
1417-governing these cases; 16
1418-(9) to issue a protective order in cases involving 17
1419-(A) domestic violence as provided in AS 18.66.100 - 18
1420-18.66.180; [OR] 19
1421-(B) stalking or sexual assault as provided in AS 18.65.850 - 20
1422-18.65.870; or 21
1423-(C) workplace violence as provided in AS 18.65.875 - 22
1424-18.65.899; 23
1425-(10) to review an administrative revocation of a person's driver's 24
1426-license or nonresident privilege to drive, and an administrative refusal to issue an 25
1427-original license, when designated as a hearing officer by the commissioner of 26
1428-administration and with the consent of the administrative director of the Alaska Court 27
1429-System; 28
1430-(11) to establish the fact of death or inquire into the death of a person 29
1431-in the manner prescribed under AS 09.55.020 - 09.55.069; 30
1432-(12) to issue an ex parte testing, examination, or screening order 31 33-LS0242\O
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1434- New Text Underlined [DELETED TEXT BRACKETED]
1435-
1436-according to the manner and procedure prescribed by AS 18.15.375. 1
1437- * Sec. 66. AS 28.15.046(c) is amended to read: 2
1438-(c) The department may not issue a license under this section to an applicant 3
1439-(1) who has been convicted of any of the following offenses: 4
1440-(A) a violation, or an attempt, solicitation, or conspiracy to 5
1441-commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 6
1442-11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 7
1443-(B) a felony violation of endangering the welfare of a child in 8
1444-the first degree under AS 11.51.100; 9
1445-(C) felony indecent viewing or production of a picture under 10
1446-AS 11.61.123; 11
1447-(D) distribution of child sexual abuse material 12
1448-[PORNOGRAPHY] under AS 11.61.125; 13
1449-(E) possession of child sexual abuse material 14
1450-[PORNOGRAPHY] under AS 11.61.127; 15
1451-(F) distribution of indecent material to minors under 16
1452-AS 11.61.128; 17
1453-(G) felony prostitution under AS 11.66.101 or felony patron 18
1454-of a prostitute under 11.66.104 [AS 11.66.100(e)]; 19
1455-(H) sex trafficking in the first, second, or third degree under 20
1456-AS 11.41.340 - 11.41.350 [AS 11.66.110 - 11.66.130]; 21
1457-(I) a felony involving distribution of a controlled substance 22
1458-under AS 11.71 or imitation controlled substance under AS 11.73; 23
1459-(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 24
1460-(K) patron of a victim of sex trafficking under 25
1461-AS 11.41.355; 26
1462-(L) distribution of generated obscene child sexual abuse 27
1463-material under AS 11.61.121; 28
1464-(M) possession of generated obscene child sexual abuse 29
1465-material under AS 11.61.122; or 30
1466-(2) who has been convicted of any of the following offenses and less 31 33-LS0242\O
1467-HCS CSSB 28(JUD) -44- SB0028d
1468- New Text Underlined [DELETED TEXT BRACKETED]
1469-
1470-than two years have elapsed since the applicant's date of conviction for the offense: 1
1471-(A) assault in the fourth degree under AS 11.41.230; 2
1472-(B) reckless endangerment under AS 11.41.250; 3
1473-(C) contributing to the delinquency of a minor under 4
1474-AS 11.51.130; 5
1475-(D) misdemeanor prostitution under AS 11.66.102 or 6
1476-misdemeanor patron of a prostitute under 11.66.106 [AS 11.66.100(a)(2)]; 7
1477-(E) a misdemeanor violation of endangering the welfare of a 8
1478-child in the first degree under AS 11.51.100. 9
1479- * Sec. 67. AS 34.03.360(10) is amended to read: 10
1480-(10) "illegal activity involving a place of prostitution" means a 11
1481-violation of AS 11.66.101(a) [AS 11.66.120(a)(1) OR 11.66.130(a)(2)(A) OR (D)]; 12
1482- * Sec. 68. AS 34.03.360(17) is amended to read: 13
1483-(17) "prostitution" means an act in violation of AS 11.66.101 - 14
1484-11.66.106 [AS 11.66.100]; 15
1485- * Sec. 69. AS 39.25.110 is amended by adding a new paragraph to read: 16
1486-(46) the executive director of the Council on Human and Sex 17
1487-Trafficking established under AS 44.41.150. 18
1488- * Sec. 70. AS 39.50.200(b) is amended by adding a new paragraph to read: 19
1489-(65) Council on Human and Sex Trafficking (AS 44.41.150). 20
1490- * Sec. 71. AS 43.23.005 is amended by adding a new subsection to read: 21
1491-(i) The provisions of (d) of this section do not apply if an individual's 22
1492-conviction was vacated during the qualifying year under AS 12.72. If an individual 23
1493-becomes eligible under this subsection, the individual is eligible to receive a 24
1494-permanent fund dividend only for the qualifying year in which the conviction was 25
1495-vacated and each subsequent qualifying year for which the individual is otherwise 26
1496-eligible under this section. 27
1497- * Sec. 72. AS 44.23.080(a) is amended to read: 28
1498-(a) If there is reasonable cause to believe that an Internet service account has 29
1499-been used in connection with a violation of AS 11.41.340 - 11.41.350, 11.41.452 30
1500-[AS 11.41.452], 11.41.455, or AS 11.61.121, 11.61.122, or 11.61.125 - 11.61.128 31 33-LS0242\O
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1502- New Text Underlined [DELETED TEXT BRACKETED]
1503-
1504-[AS 11.61.125 - 11.61.128], and that the identity, address, and other information about 1
1505-the account owner will assist in obtaining evidence that is relevant to the offense, a 2
1506-law enforcement officer may apply to the attorney general or the attorney general's 3
1507-designee for an administrative subpoena to obtain the business records of the Internet 4
1508-service provider located inside or outside of the state. 5
1509- * Sec. 73. AS 44.41 is amended by adding new sections to read: 6
1510-Article 2. Council on Human and Sex Trafficking. 7
1511-Sec. 44.41.150. Council on Human and Sex Trafficking. The Council on 8
1512-Human and Sex Trafficking is created in the Department of Public Safety. The 9
1513-purpose of the council is to provide planning and coordination of programs specific to 10
1514-victim services, education, public awareness, data collection and dissemination, and 11
1515-reducing demand for human and sex trafficking. 12
1516-Sec. 44.41.155. Duties. (a) The council shall 13
1517-(1) elect one of its members as chair; 14
1518-(2) develop and implement a standardized data collection system on 15
1519-human and sex trafficking, including methods for synthesizing and disseminating data 16
1520-and establishing standardized definitions as necessary; 17
1521-(3) receive and dispense state and federal money and award grants and 18
1522-contracts from appropriations to qualified local community entities for the purpose of 19
1523-human and sex trafficking intervention and prevention programs; 20
1524-(4) oversee and audit qualified local community entities that receive 21
1525-money from the council; 22
1526-(5) coordinate and consult with the Department of Education and Early 23
1527-Development, the Department of Corrections, the Department of Health, the 24
1528-Department of Law, the Department of Labor and Workforce Development, the 25
1529-Department of Family and Community Services, the Department of Public Safety, 26
1530-other state agencies and qualified local community entities dealing with human and 27
1531-sex trafficking, including the Council on Domestic Violence and Sexual Assault, and 28
1532-survivors of human and sex trafficking to develop educational materials and resources 29
1533-related to, and increase public awareness of, human and sex trafficking;
1534-30
1535-(6) provide technical assistance as requested by the state agencies and 31 33-LS0242\O
1536-HCS CSSB 28(JUD) -46- SB0028d
1537- New Text Underlined [DELETED TEXT BRACKETED]
1538-
1539-qualified local community entities listed in (5) of this subsection; 1
1540-(7) conduct public hearings and create opportunities for public input on 2
1541-issues relating to human and sex trafficking in the state; 3
1542-(8) make an annual report to the governor on the activities of the 4
1543-council, plans of the council for new services and programs, and concerns of the 5
1544-council, including recommendations for legislation necessary to carry out the purposes 6
1545-of AS 44.41.150 - 44.41.175; the council shall notify the legislature that the report is 7
1546-available; 8
1547-(9) recruit and hire an executive director to oversee the council; the 9
1548-executive director may hire staff; the executive director is in the exempt service under 10
1549-AS 39.25.110 and staff members are in the classified service under AS 39.25.100. 11
1550-(b) The council may create advisory subcommittees. 12
1551-Sec. 44.41.160. Membership. (a) The council consists of the following 17 13
1552-members: 14
1553-(1) seven members appointed by the governor as follows: 15
1554-(A) two members who are mayors or elected officials in local 16
1555-government; 17
1556-(B) one member who represents a victim advocacy 18
1557-organization; 19
1558-(C) one member who represents an Alaska Native organization; 20
1559-in this subparagraph, "Alaska Native organization" has the meaning given in 21
1560-AS 18.66.020(d); 22
1561-(D) one member who represents a local law enforcement 23
1562-agency; 24
1563-(E) one member who represents a faith-based community 25
1564-organization; and 26
1565-(F) one member who represents an organization that provides 27
1566-direct services to the homeless; 28
1567-(2) the chief executive officer of the Alaska Mental Health Trust 29
1568-Authority or the chief executive officer's designee; 30
1569-(3) the commissioner of health or the commissioner's designee; 31 33-LS0242\O
1570-SB0028d -47- HCS CSSB 28(JUD)
1571- New Text Underlined [DELETED TEXT BRACKETED]
1572-
1573-(4) the attorney general or the attorney general's designee; 1
1574-(5) the commissioner of public safety or the commissioner's designee; 2
1575-(6) the commissioner of corrections or the commissioner's designee; 3
1576-(7) the commissioner of education and early development or the 4
1577-commissioner's designee; 5
1578-(8) the commissioner of labor and workforce development or the 6
1579-commissioner's designee; 7
1580-(9) the commissioner of family and community services or the 8
1581-commissioner's designee; and 9
1582-(10) two nonvoting members appointed as follows: 10
1583-(A) one ex officio member from the house of representatives, 11
1584-appointed by the speaker of the house of representatives; and 12
1585-(B) one ex officio member from the senate, appointed by the 13
1586-president of the senate. 14
1587-(b) Public members of the council appointed under (a)(1) and (2) of this 15
1588-section serve three-year terms. A public member serves at the pleasure of the governor 16
1589-and may not serve more than two consecutive terms. Nonvoting members appointed 17
1590-under (a)(10) of this section serve staggered three-year terms and may not serve more 18
1591-than two full terms. A vacancy on the council shall be filled for the unexpired term by 19
1592-appointment by the governor. 20
1593-(c) A person who receives compensation from or is an employee of the state or 21
1594-a human or sex trafficking crisis intervention or prevention program may not be 22
1595-appointed as a public member of the council. 23
1596-Sec. 44.41.165. Meetings and quorum. (a) The council shall meet at least 24
1597-quarterly by teleconference or other electronic means at times to be determined by the 25
1598-chair. Additional meetings by teleconference or other electronic means may be called 26
1599-by the chair. Advisory subcommittees shall meet by teleconference or other electronic 27
1600-means. The council may hold an annual in-person meeting. 28
1601-(b) The council may convene in-person public meetings to present information 29
1602-and receive public comment. 30
1603-(c) Eight members of the council or a majority of filled positions, whichever is 31 33-LS0242\O
1604-HCS CSSB 28(JUD) -48- SB0028d
1605- New Text Underlined [DELETED TEXT BRACKETED]
1606-
1607-less, constitutes a quorum for conducting business. 1
1608-Sec. 44.41.170. Compensation and expenses. The members of the council 2
1609-receive no salary but are entitled to transportation expenses and per diem in 3
1610-accordance with AS 39.20.180. 4
1611-Sec. 44.41.175. Definitions. In AS 44.41.150 - 44.41.175, 5
1612-(1) "council" means the Council on Human and Sex Trafficking; 6
1613-(2) "human and sex trafficking" means conduct in violation of 7
1614-AS 11.41.340 - 11.41.357, 11.41.360, or 11.41.365. 8
1615- * Sec. 74. AS 44.66.010(a) is amended by adding a new paragraph to read: 9
1616-(15) Council on Human and Sex Trafficking (AS 44.41.150) - June 30, 10
1617-2028. 11
1618- * Sec. 75. AS 47.10.990(33) is amended to read: 12
1619-(33) "sexual abuse" means the conduct described in AS 11.41.410 - 13
1620-11.41.460, [;] conduct constituting "sexual exploitation" as defined in AS 47.17.290, 14
1621-and conduct prohibited by AS 11.41.340 - 11.41.357 [AS 11.66.100 - 11.66.150]; 15
1622- * Sec. 76. AS 47.12.110(d) is amended to read: 16
1623-(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 17
1624-the adjudication of a minor as a delinquent shall be open to the public, except as 18
1625-prohibited or limited by order of the court, if 19
1626-(1) the department files with the court a motion asking the court to 20
1627-open the hearing to the public, and the petition seeking adjudication of the minor as a 21
1628-delinquent is based on 22
1629-(A) the minor's alleged commission of an offense, and the 23
1630-minor has knowingly failed to comply with all the terms and conditions 24
1631-required of the minor by the department or imposed on the minor in a court 25
1632-order entered under AS 47.12.040(a)(2) or 47.12.120; 26
1633-(B) the minor's alleged commission of 27
1634-(i) a crime against a person that is punishable as a 28
1635-felony; 29
1636-(ii) a crime in which the minor employed a deadly 30
1637-weapon, as that term is defined in AS 11.81.900(b), in committing the 31 33-LS0242\O
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1639- New Text Underlined [DELETED TEXT BRACKETED]
1640-
1641-crime; 1
1642-(iii) arson under AS 11.46.400 - 11.46.410; 2
1643-(iv) burglary under AS 11.46.300; 3
1644-(v) distribution of child sexual abuse material 4
1645-[PORNOGRAPHY] under AS 11.61.125; 5
1646-(vi) sex trafficking [IN THE FIRST DEGREE] under 6
1647-AS 11.41.340 or 11.41.345 [AS 11.66.110]; [OR] 7
1648-(vii) distribution of generated obscene child sexual 8
1649-abuse material under AS 11.61.121; or 9
1650-(viii) misconduct involving a controlled substance 10
1651-under AS 11.71 involving the delivery of a controlled substance or the 11
1652-possession of a controlled substance with intent to deliver, other than 12
1653-an offense under AS 11.71.040 or 11.71.050; or 13
1654-(C) the minor's alleged commission of a felony and the minor 14
1655-was 16 years of age or older at the time of commission of the offense when the 15
1656-minor has previously been convicted or adjudicated a delinquent minor based 16
1657-on the minor's commission of an offense that is a felony; or 17
1658-(2) the minor agrees to a public hearing on the petition seeking 18
1659-adjudication of the minor as a delinquent. 19
1660- * Sec. 77. AS 47.12.315(a) is amended to read: 20
1661-(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 21
1662-section, the department shall disclose information to the public, on request, concerning 22
1663-a minor subject to this chapter who was at least 13 years of age at the time of 23
1664-commission of 24
1665-(1) a felony offense against a person under AS 11.41; 25
1666-(2) arson in the first or second degree; 26
1667-(3) burglary in the first degree; 27
1668-(4) distribution of child sexual abuse material [PORNOGRAPHY]; 28
1669-(5) sex trafficking under AS 11.41.340 or 11.41.345 [IN THE FIRST 29
1670-DEGREE]; 30
1671-(6) misconduct involving a controlled substance in the first, second, or 31 33-LS0242\O
1672-HCS CSSB 28(JUD) -50- SB0028d
1673- New Text Underlined [DELETED TEXT BRACKETED]
1674-
1675-third degrees involving distribution or possession with intent to deliver; [OR] 1
1676-(7) misconduct involving weapons in the first through fourth degrees; 2
1677-or 3
1678-(8) distribution of generated obscene child sexual abuse material 4
1679-under AS 11.61.121. 5
1680- * Sec. 78. AS 47.17.290(18) is amended to read: 6
1681-(18) "sexual exploitation" includes 7
1682-(A) allowing, permitting, or encouraging a child to engage in a 8
1683-commercial sexual act prohibited by AS 11.41.340 - 11.41.357 or 9
1684-prostitution prohibited by AS 11.66.101 [AS 11.66.100 - 11.66.150], by a 10
1685-person responsible for the child's welfare; 11
1686-(B) allowing, permitting, encouraging, or engaging in activity 12
1687-prohibited by AS 11.41.455(a), by a person responsible for the child's welfare. 13
1688- * Sec. 79. AS 11.41.360(b), 11.41.470(7); AS 11.56.765(c)(3), 11.56.767(c)(3); 14
1689-AS 11.66.100, 11.66.110, 11.66.120, 11.66.130, 11.66.135, 11.66.140, 11.66.150(1); and 15
1690-AS 12.61.125(d)(2) are repealed. 16
1691- * Sec. 80. The uncodified law of the State of Alaska is amended by adding a new section to 17
1692-read: 18
1693-INDIRECT COURT RULE AMENDMENTS. (a) AS 18.65.895, added by sec. 54 of 19
1694-this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, 20
1695-Alaska Rules of Administration, relating to fees and service of process for a workplace 21
1696-violence protective order. 22
1697-(b) AS 18.65.875 - 18.65.899, added by sec. 54 of this Act, have the effect of 23
1698-amending Rule 65, Alaska Rules of Civil Procedure, by changing the method for obtaining 24
1699-and the timing of temporary restraining orders. 25
1700- * Sec. 81. The uncodified law of the State of Alaska is amended by adding a new section to 26
1701-read: 27
1702-APPLICABILITY. (a) The following sections apply to offenses committed on or after 28
1703-the effective date of those sections: 29
1704-(1) AS 11.31.120(h)(2), as amended by sec. 3 of this Act; 30
1705-(2) AS 11.41.340 - 11.41.357, enacted by sec. 4 of this Act; 31 33-LS0242\O
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1707- New Text Underlined [DELETED TEXT BRACKETED]
1708-
1709-(3) AS 11.41.360(a), as amended by sec. 5 of this Act; 1
1710-(4) AS 11.41.360(c), as amended by sec. 6 of this Act; 2
1711-(5) AS 11.41.365, as amended by sec. 7 of this Act; 3
1712-(6) AS 11.41.366 - 11.41.369, enacted by sec. 8 of this Act; 4
1713-(7) AS 11.41.530(a), as amended by sec. 9 of this Act; 5
1714-(8) AS 11.61.120(a), as amended by sec. 12 of this Act; 6
1715-(9) AS 11.61.127(a), as amended by sec. 16 of this Act; 7
1716-(10) AS 11.61.127(b), as amended by sec. 17 of this Act; 8
1717-(11) AS 11.61.127(f), as amended by sec. 18 of this Act; 9
1718-(12) AS 11.61.129(a), as amended by sec. 20 of this Act; 10
1719-(13) AS 11.66.101 - 11.66.106, enacted by sec. 21 of this Act; 11
1720-(14) AS 11.66.145, as amended by sec. 22 of this Act; 12
1721-(15) AS 11.66.150, as amended by sec. 23 of this Act; 13
1722-(16) AS 11.66.150(5), enacted by sec. 24 of this Act; 14
1723-(17) AS 11.81.250(a), as amended by sec. 25 of this Act; 15
1724-(18) AS 11.81.250(b), as amended by sec. 26 of this Act; 16
1725-(19) AS 11.81.900(b)(69) - (73), enacted by sec. 27 of this Act; 17
1726-(20) AS 12.10.010, as amended by sec. 28 of this Act; 18
1727-(21) AS 12.37.010, as amended by sec. 29 of this Act. 19
1728-(b) The following sections apply to sentences imposed on or after the effective date of 20
1729-those sections for conduct occurring on or after the effective date of those sections: 21
1730-(1) AS 12.55.015(m), enacted by sec. 31 of this Act; 22
1731-(2) AS 12.55.035(b), as amended by sec. 32 of this Act; 23
1732-(3) AS 12.55.078(f), as amended by sec. 33 of this Act; 24
1733-(4) AS 12.55.085(f), as amended by sec. 34 of this Act; 25
1734-(5) AS 12.55.125(b), as amended by sec. 36 of this Act; 26
1735-(6) AS 12.55.125(i), as amended by sec. 37 of this Act; 27
1736-(7) AS 12.55.135(q), enacted by sec. 39 of this Act; 28
1737-(8) AS 12.55.185(10), as amended by sec. 40 of this Act; 29
1738-(9) AS 12.55.185(16), as amended by sec. 41 of this Act; 30
1739-(10) AS 12.62.900(23), as amended by sec. 46 of this Act; 31 33-LS0242\O
1740-HCS CSSB 28(JUD) -52- SB0028d
1741- New Text Underlined [DELETED TEXT BRACKETED]
1742-
1743-(11) AS 14.20.030(b), as amended by sec. 49 of this Act. 1
1744-(c) AS 12.72.100 - 12.72.120, enacted by sec. 48 of this Act, and AS 18.85.100(c), as 2
1745-amended by sec. 64 of this Act, apply to petitions filed on or after the effective date of sec. 48 3
1746-of this Act for conduct occurring before, on, or after the effective date of secs. 48 and 64 of 4
1747-this Act. 5
1748-(d) AS 12.72.100 - 12.72.120, enacted by sec. 48 of this Act, apply to convictions 6
1749-under former AS 11.66.100 occurring before the effective date of sec. 48 of this Act. 7
1750-(e) The following sections apply to communications made on or after the effective 8
1751-date of those sections relating to offenses occurring on or after the effective date of those 9
1752-sections: 10
1753-(1) AS 09.25.400, as amended by sec. 2 of this Act; 11
1754-(2) AS 12.45.049, as amended by sec. 30 of this Act; 12
1755-(3) AS 12.61.125(d)(3), enacted by sec. 43 of this Act; 13
1756-(4) AS 12.61.140, as amended by sec. 44 of this Act; 14
1757-(5) AS 12.61.140(c), enacted by sec. 45 of this Act; 15
1758-(6) AS 18.66.210, as amended by sec. 55 of this Act; 16
1759-(7) AS 18.66.250(1), as amended by sec. 56 of this Act; 17
1760-(8) AS 18.66.250(3), as amended by sec. 57 of this Act; 18
1761-(9) AS 18.66.250(4), as amended by sec. 58 of this Act; 19
1762-(10) AS 18.66.250(5), as amended by sec. 59 of this Act; 20
1763-(11) AS 18.66.250(6), as amended by sec. 60 of this Act. 21
1764- * Sec. 82. The uncodified law of the State of Alaska is amended by adding a new section to 22
1765-read: 23
1766-TRANSITION: MEMBERS. AS 44.41.160(c), enacted by sec. 73 of this Act, does not 24
1767-apply to two consecutive terms of a person appointed as an initial member of the Council on 25
1768-Human and Sex Trafficking, established by sec. 73 of this Act, who is serving on the 26
1769-Governor's Council on Human and Sex Trafficking, created by Administrative Order No. 328, 27
1770-on the effective date of sec. 73 of this Act. 28
1771- * Sec. 83. The uncodified law of the State of Alaska is amended by adding a new section to 29
1772-read: 30
1773-CONDITIONAL EFFECT. Sections 10, 11, 51 - 54, 65, and 80 of this Act take effect 31 33-LS0242\O
1774-SB0028d -53- HCS CSSB 28(JUD)
1775- New Text Underlined [DELETED TEXT BRACKETED]
1776-
1777-only if sec. 80 of this Act receives the two-thirds majority vote of each house required by art. 1
1778-IV, sec. 15, Constitution of the State of Alaska. 2
1779- * Sec. 84. If secs. 10, 11, 51 - 54, 65, and 80 of this Act take effect under sec. 83 of this Act, 3
1780-they take effect January 1, 2025. 4
1781- * Sec. 85. Except as provided in sec. 84 of this Act, this Act takes effect January 1, 2025. 5
282+(10) to review an administrative revocation of a person's driver's 1
283+license or nonresident privilege to drive, and an administrative refusal to issue an 2
284+original license, when designated as a hearing officer by the commissioner of 3
285+administration and with the consent of the administrative director of the Alaska Court 4
286+System; 5
287+(11) to establish the fact of death or inquire into the death of a person 6
288+in the manner prescribed under AS 09.55.020 - 09.55.069; 7
289+(12) to issue an ex parte testing, examination, or screening order 8
290+according to the manner and procedure prescribed by AS 18.15.375. 9
291+ * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 10
292+read: 11
293+INDIRECT COURT RULE AMENDMENTS. (a) AS 18.65.895, added by sec. 6 of 12
294+this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, 13
295+Alaska Rules of Administration, relating to fees and service of process for a workplace 14
296+violence protective order. 15
297+(b) AS 18.65.875 - 18.65.899, added by sec. 6 of this Act, have the effect of 16
298+amending Rule 65, Alaska Rules of Civil Procedure, by changing the method for obtaining 17
299+and the timing of temporary restraining orders. 18
300+ * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 19
301+read: 20
302+CONDITIONAL EFFECT. This Act takes effect only if sec. 8 of this Act receives the 21
303+two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 22
304+Alaska. 23
305+ * Sec. 10. If this Act takes effect under sec. 9 of this Act, it takes effect January 1, 2025. 24