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HOUSE CS FOR CS FOR SENATE BILL NO. 28(JUD)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE HOUSE JUDICIARY COMMITTEE
Offered: 5/9/24
Referred: Rules
Sponsor(s): SENATORS CLAMAN, Kaufman
A BILL
FOR AN ACT ENTITLED
"An Act relating to crime and criminal procedure; relating to sex trafficking; relating to 1
human trafficking; relating to prostitution; relating to generated obscene child sexual 2
abuse material; changing the term 'child pornography' to 'child sexual abuse material'; 3
relating to the crime of violating a protective order; relating to workplace violence 4
protective orders; relating to victim confidentiality; establishing the process for vacating 5
judgments for certain convictions of prostitution; relating to the powers of district 6
judges and magistrates; relating to licensing of school bus drivers; establishing the 7
Council on Human and Sex Trafficking; relating to permanent fund dividends for 8
certain individuals whose convictions are vacated; amending Rules 4 and 65, Alaska 9
Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration; and providing for 10
an effective date." 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 33-LS0242\O
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* Section 1. AS 04.06.110 is amended to read: 1
Sec. 04.06.110. Peace officer powers. The director and the persons employed 2
for the administration and enforcement of this title may, with the concurrence of the 3
commissioner of public safety, exercise the powers of peace officers when those 4
powers are specifically granted by the board. Powers granted by the board under this 5
section may be exercised only when necessary for the enforcement of the criminally 6
punishable provisions of this title, regulations of the board, and other criminally 7
punishable laws and regulations, including investigation of violations of laws against 8
[PROSTITUTION AND] sex trafficking described in AS 11.41.340 - 11.41.357, laws 9
against prostitution described in AS 11.66.101 - 11.66.106, [AS 11.66.100 - 10
11.66.135] and laws against gambling, promoting gambling, and related offenses 11
described in AS 11.66.200 - 11.66.280. Unless authorized by a search warrant 12
described in AS 12.35, nothing in this section authorizes the use of metal keys, 13
magnetic card keys, or identification cards to access private clubs. 14
* Sec. 2. AS 09.25.400 is amended to read: 15
Sec. 09.25.400. Privilege relating to domestic violence, sex trafficking, and 16
sexual assault counseling. Confidential communications between a victim of 17
domestic violence, sex trafficking, or sexual assault and a victim counselor are 18
privileged under AS 18.66.200 - 18.66.250. 19
* Sec. 3. AS 11.31.120(h)(2) is amended to read: 20
(2) "serious felony offense" means an offense 21
(A) against the person under AS 11.41, punishable as an 22
unclassified or class A felony; 23
(B) involving controlled substances under AS 11.71, 24
punishable as an unclassified, class A, or class B felony; 25
(C) that is criminal mischief in the first degree under 26
AS 11.46.475; 27
(D) that is terroristic threatening in the first degree under 28
AS 11.56.807; 29
(E) that is human trafficking in the first degree under 30
AS 11.41.360; 31 33-LS0242\O
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(F) that is sex trafficking in the first degree under AS 11.41.340 1
[AS 11.66.110]; or 2
(G) that is arson in the first degree under AS 11.46.400 or arson 3
in the second degree under AS 11.46.410. 4
* Sec. 4. AS 11.41 is amended by adding new sections to read: 5
Sec. 11.41.340. Sex trafficking in the first degree. (a) A person commits the 6
crime of sex trafficking in the first degree if the person 7
(1) as other than a patron of a victim of sex trafficking, induces or 8
causes another person to engage in a commercial sexual act through the use of force or 9
threat of force against any person; or 10
(2) violates AS 11.41.345 and the person induced or caused to engage 11
in the commercial sexual act is 12
(A) under 21 years of age; or 13
(B) in that person's legal custody. 14
(b) Sex trafficking in the first degree is an unclassified felony. 15
Sec. 11.41.345. Sex trafficking in the second degree. (a) A person commits 16
the crime of sex trafficking in the second degree if, as other than a patron of a victim 17
of sex trafficking under AS 11.41.355 or a patron of a prostitute under AS 11.66.104 18
or 11.66.106, the person intentionally induces or causes another person to engage in a 19
commercial sexual act. 20
(b) Sex trafficking in the second degree is a class A felony. 21
Sec. 11.41.350. Sex trafficking in the third degree. (a) A person commits the 22
crime of sex trafficking in the third degree if, as other than a patron of a victim of sex 23
trafficking, the person provides services, resources, or other assistance in furtherance 24
of a violation of AS 11.41.340 or 11.41.345. 25
(b) Sex trafficking in the third degree is a 26
(1) class B felony if the value of the services, resources, or other 27
assistance provided is $200 or more; or 28
(2) class C felony if the value of the services, resources, or other 29
assistance provided is less than $200. 30
Sec. 11.41.355. Patron of a victim of sex trafficking. (a) A person commits 31 33-LS0242\O
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the crime of patron of a victim of sex trafficking if the person solicits a commercial 1
sexual act 2
(1) with reckless disregard that the person engaging in the sexual act is 3
a victim of sex trafficking; or 4
(2) from a person who is under 18 years of age. 5
(b) In a prosecution under (a)(2) of this section, it is an affirmative defense 6
that, at the time of the alleged offense, the defendant 7
(1) reasonably believed the person to be 18 years of age or older; and 8
(2) undertook reasonable measures to verify that the person was 18 9
years of age or older. 10
(c) Patron of a victim of sex trafficking is a 11
(1) class B felony if the person violates (a)(2) of this section; 12
(2) class C felony if the person violates (a)(1) of this section. 13
Sec. 11.41.357. Inducing or causing a person to engage in a commercial 14
sexual act. For purposes of AS 11.41.340 - 11.41.355, a person induces or causes 15
another person to engage in a commercial sexual act including by 16
(1) exposing or threatening to expose confidential information or a 17
secret, whether true or false, that would subject a person to hatred, contempt, or 18
ridicule; 19
(2) destroying, concealing, or threatening to destroy or conceal an 20
actual or purported passport or immigration document or another actual or purported 21
identification document of any person; 22
(3) threatening to report a person to a government agency for the 23
purpose of arrest or deportation; 24
(4) threatening to collect a debt; 25
(5) instilling in a person a fear that lodging, food, clothing, or 26
medication will be withheld from any person; 27
(6) providing a controlled substance to or withholding a controlled 28
substance from the other person; or 29
(7) engaging in deception. 30
* Sec. 5. AS 11.41.360(a) is amended to read: 31 33-LS0242\O
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(a) A person commits the crime of human trafficking in the first degree if, 1
under circumstances not proscribed under AS 11.41.340 - 11.41.357, the person 2
(1) [COMPELS OR] induces or causes another person to engage in 3
[SEXUAL CONDUCT,] adult entertainment [,] or labor [IN THE STATE] by force or 4
threat of force against any person; or 5
(2) violates AS 11.41.365 and the victim is under 21 years of age [, 6
OR BY DECEPTION]. 7
* Sec. 6. AS 11.41.360(c) is amended to read: 8
(c) Human trafficking in the first degree is an unclassified [A CLASS A] 9
felony. 10
* Sec. 7. AS 11.41.365 is amended to read: 11
Sec. 11.41.365. Human trafficking in the second degree. (a) A person 12
commits the crime of human trafficking in the second degree if, under circumstances 13
not proscribed under AS 11.41.340 - 11.41.357, the person intentionally induces or 14
causes another person to engage in adult entertainment or labor by 15
(1) exposing or threatening to expose confidential information or a 16
secret, whether true or false, tending to subject a person to hatred, contempt, or 17
ridicule; 18
(2) destroying, concealing, or threatening to destroy or conceal an 19
actual or purported passport or immigration document or another actual or 20
purported identification document of any person; 21
(3) threatening to report a person to a government agency for the 22
purpose of arrest or deportation; 23
(4) threatening to collect a debt; 24
(5) instilling in a person a fear that lodging, food, clothing, or 25
medication will be withheld from any person; 26
(6) providing a controlled substance to or withholding a controlled 27
substance from the other person; or 28
(7) engaging in deception [OBTAINS A BENEFIT FROM THE 29
COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH 30
RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE 31 33-LS0242\O
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TRAFFICKING]. 1
(b) Human trafficking in the second degree is a class A [B] felony. 2
* Sec. 8. AS 11.41 is amended by adding new sections to read: 3
Sec. 11.41.366. Human trafficking in the third degree. (a) A person 4
commits the crime of human trafficking in the third degree if the person provides 5
services, resources, or other assistance with the intent to promote a violation of 6
AS 11.41.360 or 11.41.365. 7
(b) Human trafficking in the third degree is a 8
(1) class B felony if the value of the services, resources, or other 9
assistance provided is $200 or more; 10
(2) class C felony if the value of the services, resources, or other 11
assistance provided is less than $200. 12
Sec. 11.41.367. Applicability of AS 11.41.360 - 11.41.366. AS 11.41.360 - 13
11.41.366 do not apply to acts that may reasonably be construed to be a normal 14
caretaker request of a child or a normal interaction with a child. 15
Sec. 11.41.369. Forfeiture. (a) Property used to institute, aid, or facilitate, or 16
received or derived from, a violation of AS 11.41.340 - 11.41.366, including real 17
property, may be forfeited at sentencing. 18
(b) The legislature may appropriate funds received from the sale of property 19
forfeited under (a) of this section for an offense under AS 11.41.340 - 11.41.357 to 20
programs that provide resources to victims of sex trafficking. 21
* Sec. 9. AS 11.41.530(a) is amended to read: 22
(a) A person commits the crime of coercion if, under circumstances not 23
proscribed under AS 11.41.340 - 11.41.366 or 11.41.410 - 11.41.427 [AS 11.41.410 - 24
11.41.427], the person compels another to engage in conduct from which there is a 25
legal right to abstain or abstain from conduct in which there is a legal right to engage, 26
by means of instilling in the person who is compelled a fear that, if the demand is not 27
complied with, the person who makes the demand or another may 28
(1) inflict physical injury on anyone, except under circumstances 29
constituting robbery in any degree, or commit any other crime; 30
(2) accuse anyone of a crime; 31 33-LS0242\O
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(3) expose confidential information or a secret, whether true or false, 1
tending to subject a person to hatred, contempt, or ridicule or to impair the person's 2
credit or business repute; 3
(4) take or withhold action as a public servant or cause a public servant 4
to take or withhold action; 5
(5) bring about or continue a strike, boycott, or other collective 6
unofficial action, if the property is not demanded or received for the benefit of the 7
group in whose interest the person making the threat or suggestion purports to act; 8
(6) testify or provide information or withhold testimony or information 9
with respect to a person's legal claim or defense. 10
* Sec. 10. AS 11.56.740(a) is amended to read: 11
(a) A person commits the crime of violating a protective order if the person is 12
subject to a protective order 13
(1) issued, filed, or recognized under AS 18.66 and containing a 14
provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to 15
commit an act with reckless disregard that the act violates or would violate a provision 16
of the protective order; 17
(2) issued or recognized under AS 18.65.850, 18.65.855, 18.65.860, or 18
18.65.867 and knowingly commits or attempts to commit an act that violates or would 19
violate a provision listed in AS 18.65.850(c)(1) - (3); [OR] 20
(3) issued under AS 13.26.450 - 13.26.460 and knowingly commits or 21
attempts to commit an act with reckless disregard that the act violates or would violate 22
a provision of the protective order; or 23
(4) issued under AS 18.65.875 - 18.65.899 and knowingly commits 24
or attempts to commit an act that violates or would violate a provision listed in 25
AS 18.65.875(c). 26
* Sec. 11. AS 11.56.740(c) is amended to read: 27
(c) In this section, "protective order" means an order issued, filed, or 28
recognized under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 29
- 18.65.870], or AS 18.66.100 - 18.66.180. 30
* Sec. 12. AS 11.61.120(a) is amended to read: 31 33-LS0242\O
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(a) A person commits the crime of harassment in the second degree if, with 1
intent to harass or annoy another person, that person 2
(1) insults, taunts, or challenges another person in a manner likely to 3
provoke an immediate violent response; 4
(2) telephones another and fails to terminate the connection with intent 5
to impair the ability of that person to place or receive telephone calls; 6
(3) makes repeated telephone calls at extremely inconvenient hours; 7
(4) makes an anonymous or obscene telephone call, an obscene 8
electronic communication, or a telephone call or electronic communication that 9
threatens physical injury or sexual contact; 10
(5) subjects another person to offensive physical contact; 11
(6) except as provided in AS 11.61.116, publishes or distributes 12
electronic or printed photographs, pictures, or films that show the genitals, anus, or 13
female breast of the other person or show that person engaged in a sexual act; 14
(7) repeatedly sends or publishes an electronic communication that 15
insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 16
that places the person in reasonable fear of physical injury; or 17
(8) under circumstances not proscribed under AS 11.41.455, 18
AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 19
person, publishes, or distributes electronic or printed photographs, pictures, or films 20
that show the genitals of any person. 21
* Sec. 13. AS 11.61 is amended by adding new sections to read: 22
Sec. 11.61.121. Distribution of generated obscene child sexual abuse 23
material. (a) A person commits the crime of distribution of generated obscene child 24
sexual abuse material if the person distributes in this state or advertises, promotes, 25
solicits, or offers to distribute in this state any material that is proscribed under 26
AS 11.61.122. 27
(b) The possession of 100 or more films, audio, video, electronic, or 28
electromagnetic recordings, photographs, negatives, slides, books, newspapers, 29
magazines, or other materials, including a combination of these items totaling 100 or 30
more, is prima facie evidence of distribution and intent to distribute under (a) of this 31 33-LS0242\O
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section. 1
(c) In this section, "distribution" includes the following, whether or not for 2
monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 3
circulating, exhibiting, presenting, providing, exchanging, placing on a computer 4
network or computer system, and providing billing collection, or other ancillary 5
services for or otherwise supporting these activities. 6
(d) Distribution of generated obscene child sexual abuse material is a 7
(1) class B felony; or 8
(2) class A felony if the person has been previously convicted of 9
distribution of generated obscene child sexual abuse material in this jurisdiction or a 10
similar crime in this or another jurisdiction. 11
Sec. 11.61.122. Possession of generated obscene child sexual abuse 12
material. (a) A person commits the crime of possession of generated obscene child 13
sexual abuse material if the person knowingly possesses or knowingly accesses on a 14
computer with intent to view any material that 15
(1) the average person, applying contemporary community standards, 16
would find, when considered as a whole, appeals to the prurient interest; 17
(2) depicts, in a patently offensive way, a child under 18 years of age 18
who, by manipulation, creation, or modification, appears to be engaged in conduct 19
described in AS 11.41.455(a); and 20
(3) when considered as a whole, lacks serious literary, artistic, 21
political, or scientific value. 22
(b) This section does not apply to an employee of an interactive computer 23
service, Internet service provider, cloud service provider, or telecommunications 24
network who, while acting in the scope of employment, possesses or accesses the 25
material described in (a) of this section solely to prevent, detect, report, or otherwise 26
respond to the production, generation, manipulation, or modification of the material. 27
In this subsection, "interactive computer service" has the meaning given in 28
AS 11.61.127(b). 29
(c) In this section, "computer" has the meaning given in AS 11.46.990. 30
(d) Possession of generated obscene child sexual abuse material is a class C 31 33-LS0242\O
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felony. 1
* Sec. 14. AS 11.61.125(a) is amended to read: 2
(a) A person commits the crime of distribution of child sexual abuse material 3
[PORNOGRAPHY] if the person distributes in this state or advertises, promotes, 4
solicits, or offers to distribute in this state any material that is proscribed under 5
AS 11.61.127. 6
* Sec. 15. AS 11.61.125(e) is amended to read: 7
(e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 8
(1) class B felony; or 9
(2) class A felony if the person has been previously convicted of 10
distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 11
a similar crime in this or another jurisdiction. 12
* Sec. 16. AS 11.61.127(a) is amended to read: 13
(a) A person commits the crime of possession of child sexual abuse material 14
[PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 15
computer with intent to view any material that visually depicts conduct described in 16
AS 11.41.455(a) knowing that the 17
(1) production of the material involved the use of a child under 18 18
years of age who engaged in the conduct; or 19
(2) material depicts [A DEPICTION OF] a part of an actual child 20
under 18 years of age, or is a representation that is indistinguishable from an 21
identifiable child under 18 years of age, who, by manipulation, creation, or 22
modification, appears to be engaged in the conduct. 23
* Sec. 17. AS 11.61.127(b) is amended to read: 24
(b) This section does not apply to 25
(1) persons providing plethysmograph assessments in the course of a 26
sex offender treatment program that meets the minimum standards under 27
AS 33.30.011(a)(5); or 28
(2) an employee of an interactive computer service, Internet 29
service provider, cloud service provider, or telecommunications network who, 30
while acting in the scope of employment, possesses or accesses the material 31 33-LS0242\O
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described in (a) of this section solely to prevent, detect, report, or otherwise 1
respond to the production, generation, manipulation, or modification of the 2
material; in this paragraph, "interactive computer service" means an 3
information service, system, or access software provider that provides or enables 4
computer access by multiple users to a computer server, including specifically a 5
service or system that provides access to the Internet and those systems operated 6
or services offered by libraries or educational institutions. 7
* Sec. 18. AS 11.61.127(f) is amended to read: 8
(f) In this section, 9
(1) "computer" has the meaning given in AS 11.46.990; 10
(2) "identifiable child" means an individual who is recognizable as 11
an actual child by the child's face, likeness, or other distinguishing 12
characteristics, regardless of whether the individual depicted is no longer under 13
18 years of age. 14
* Sec. 19. AS 11.61.127(g) is amended to read: 15
(g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 16
C felony. 17
* Sec. 20. AS 11.61.129(a) is amended to read: 18
(a) Property used to aid a violation of AS 11.61.121 - 11.61.128 19
[AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 20
conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 21
11.61.128] may be forfeited to the state upon the conviction of the offender. 22
* Sec. 21. AS 11.66 is amended by adding new sections to read: 23
Sec. 11.66.101. Prostitution in the first degree. (a) A person commits the 24
crime of prostitution in the first degree if the person manages, supervises, controls, or 25
owns, either alone or in association with others, a prostitution enterprise or a place of 26
prostitution. 27
(b) Prostitution in the first degree is a class B felony. 28
Sec. 11.66.102. Prostitution in the second degree. (a) A person commits the 29
crime of prostitution in the second degree if the person engages in or agrees or offers 30
to engage in sexual conduct in exchange for a fee. 31 33-LS0242\O
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(b) A person may not be prosecuted under this section if the 1
(1) person witnessed or was a victim of, and reported to law 2
enforcement in good faith, one or more of the following crimes: 3
(A) murder in the first degree under AS 11.41.100; 4
(B) murder in the second degree under AS 11.41.110; 5
(C) manslaughter under AS 11.41.120; 6
(D) criminally negligent homicide under AS 11.41.130; 7
(E) assault in the first degree under AS 11.41.200; 8
(F) assault in the second degree under AS 11.41.210; 9
(G) assault in the third degree under AS 11.41.220; 10
(H) assault in the fourth degree under AS 11.41.230; 11
(I) sex trafficking in the first degree under AS 11.41.340; 12
(J) sex trafficking in the second degree under AS 11.41.345; 13
(K) sex trafficking in the third degree under AS 11.41.350; 14
(L) patron of a victim of sex trafficking under AS 11.41.355; 15
(M) sexual assault in the first degree under AS 11.41.410; 16
(N) sexual assault in the second degree under AS 11.41.420; 17
(O) sexual assault in the third degree under AS 11.41.425; 18
(P) sexual assault in the fourth degree under AS 11.41.427; 19
(Q) sexual abuse of a minor in the first degree under 20
AS 11.41.434; 21
(R) sexual abuse of a minor in the second degree under 22
AS 11.41.436; 23
(S) sexual abuse of a minor in the third degree under 24
AS 11.41.438; 25
(T) sexual abuse of a minor in the fourth degree under 26
AS 11.41.440; 27
(U) robbery in the first degree under AS 11.41.500; 28
(V) robbery in the second degree under AS 11.41.510; 29
(W) extortion under AS 11.41.520; 30
(X) coercion under AS 11.41.530; 31 33-LS0242\O
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(Y) distribution of generated obscene child sexual abuse 1
material under AS 11.61.121; 2
(Z) possession of generated obscene child sexual abuse 3
material under AS 11.61.122; 4
(AA) distribution of child sexual abuse material under 5
AS 11.61.125; or 6
(BB) possession of child sexual abuse material under 7
AS 11.61.127; 8
(2) evidence supporting the prosecution under (a) of this section was 9
obtained or discovered as a result of the person reporting the crime to law 10
enforcement; and 11
(3) person cooperated with law enforcement personnel. 12
(c) Prostitution in the second degree is a class B misdemeanor. 13
Sec. 11.66.104. Patron of a prostitute in the first degree. (a) A person 14
commits the crime of patron of a prostitute in the first degree if the person violates 15
AS 11.66.106 and, within the preceding five years, the person has been previously 16
convicted on two or more separate occasions in this or another jurisdiction of an 17
offense under AS 11.66.106 or an offense under another law or ordinance in this or 18
another jurisdiction with similar elements. 19
(b) Patron of a prostitute in the first degree is a class C felony. 20
Sec. 11.66.106. Patron of a prostitute in the second degree. (a) A person 21
commits the crime of patron of a prostitute in the second degree if the person offers a 22
fee in exchange for sexual conduct. 23
(b) Patron of a prostitute in the second degree is a class A misdemeanor. 24
* Sec. 22. AS 11.66.145 is amended to read: 25
Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 26
received or derived from, a violation of AS 11.66.101 - 11.66.106 [AS 11.66.100(e) 27
OR 11.66.110 - 11.66.135] may be forfeited at sentencing. 28
* Sec. 23. AS 11.66.150 is amended to read: 29
Sec. 11.66.150. Definitions. In AS 11.66.101 - 11.66.150 [AS 11.66.100 - 30
11.66.150], unless the context requires otherwise, 31 33-LS0242\O
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(1) "compensation" does not include any payment for reasonably 1
apportioned shared expenses; 2
(2) "place of prostitution" means any place where a person, other than 3
a proprietor of the place, engages in sexual conduct in return for a fee; 4
(3) "prostitution enterprise" means an arrangement in which two or 5
more persons are organized to render sexual conduct in return for a fee; 6
(4) "sexual conduct" means genital or anal intercourse, cunnilingus, 7
fellatio, or masturbation of one person by another person. 8
* Sec. 24. AS 11.66.150 is amended by adding a new paragraph to read: 9
(5) "fee" does not include payment for reasonably apportioned shared 10
expenses of a residence. 11
* Sec. 25. AS 11.81.250(a) is amended to read: 12
(a) For purposes of sentencing under AS 12.55, all offenses defined in this 13
title, except murder in the first and second degree, attempted murder in the first 14
degree, solicitation to commit murder in the first degree, conspiracy to commit murder 15
in the first degree, murder of an unborn child, human trafficking in the first degree, 16
sexual assault in the first degree, sexual abuse of a minor in the first degree, 17
misconduct involving a controlled substance in the first degree, sex trafficking in the 18
first degree [UNDER AS 11.66.110(a)(2)], and kidnapping, are classified on the basis 19
of their seriousness, according to the type of injury characteristically caused or risked 20
by commission of the offense and the culpability of the offender. Except for murder in 21
the first and second degree, attempted murder in the first degree, solicitation to 22
commit murder in the first degree, conspiracy to commit murder in the first degree, 23
murder of an unborn child, human trafficking in the first degree, sexual assault in 24
the first degree, sexual abuse of a minor in the first degree, misconduct involving a 25
controlled substance in the first degree, sex trafficking in the first degree [UNDER 26
AS 11.66.110(a)(2)], and kidnapping, the offenses in this title are classified into the 27
following categories: 28
(1) class A felonies, which characteristically involve conduct resulting 29
in serious physical injury or a substantial risk of serious physical injury to a person; 30
(2) class B felonies, which characteristically involve conduct resulting 31 33-LS0242\O
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in less severe violence against a person than class A felonies, aggravated offenses 1
against property interests, or aggravated offenses against public administration or 2
order; 3
(3) class C felonies, which characteristically involve conduct serious 4
enough to deserve felony classification but not serious enough to be classified as A or 5
B felonies; 6
(4) class A misdemeanors, which characteristically involve less severe 7
violence against a person, less serious offenses against property interests, less serious 8
offenses against public administration or order, or less serious offenses against public 9
health and decency than felonies; 10
(5) class B misdemeanors, which characteristically involve a minor 11
risk of physical injury to a person, minor offenses against property interests, minor 12
offenses against public administration or order, or minor offenses against public health 13
and decency; 14
(6) violations, which characteristically involve conduct inappropriate 15
to an orderly society but which do not denote criminality in their commission. 16
* Sec. 26. AS 11.81.250(b) is amended to read: 17
(b) The classification of each felony defined in this title, except murder in the 18
first and second degree, attempted murder in the first degree, solicitation to commit 19
murder in the first degree, conspiracy to commit murder in the first degree, murder of 20
an unborn child, human trafficking in the first degree, sexual assault in the first 21
degree, sexual abuse of a minor in the first degree, misconduct involving a controlled 22
substance in the first degree, sex trafficking in the first degree [UNDER 23
AS 11.66.110(a)(2)], and kidnapping, is designated in the section defining it. A felony 24
under the law of this state defined outside this title for which no penalty is specifically 25
provided is a class C felony. 26
* Sec. 27. AS 11.81.900(b) is amended by adding new paragraphs to read: 27
(69) "adult entertainment" means an activity in which one or more 28
individuals are employed, contracted, or permitted to, wholly or in part, entertain 29
others by 30
(A) removing clothes or other items that clothe or hide the 31 33-LS0242\O
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person's body; 1
(B) dancing or in any other manner exhibiting the individual's 2
body in a completely or almost completely unclothed state; 3
(C) participating in a simulated illegal, indecent, or lewd 4
exhibition, act, or practice, including simulated 5
(i) sexual penetration; 6
(ii) the lewd exhibition or touching of a person's 7
genitals, anus, or breast; or 8
(iii) bestiality; 9
(70) "commercial sexual act" means a sexual act for which anything of 10
value is given or received by any person; 11
(71) "services, resources, or other assistance" includes financial 12
support, business services, lodging, transportation, providing false identification 13
documents or other documentation, equipment, facilities, or any other service or 14
property, regardless of whether a person is compensated; 15
(72) "sexual act" means sexual penetration or sexual contact; 16
(73) "victim of sex trafficking" means a person who has been induced 17
or caused to engage in a commercial sexual act under AS 11.41.340 - 11.41.350. 18
* Sec. 28. AS 12.10.010 is amended to read: 19
Sec. 12.10.010. General time limitations. (a) Prosecution for the following 20
offenses may be commenced at any time: 21
(1) murder; 22
(2) attempt, solicitation, or conspiracy to commit murder or hindering 23
the prosecution of murder; 24
(3) felony sexual abuse of a minor; 25
(4) sexual assault that is an unclassified, class A, or class B felony or a 26
violation of AS 11.41.425(a)(2) - (4); 27
(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 28
[AS 11.66.110 - 11.66.130,] or former AS 11.41.430, when committed against a 29
person who, at the time of the offense, was under 18 years of age; 30
(6) kidnapping; 31 33-LS0242\O
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(7) distribution of generated obscene child sexual abuse material in 1
violation of AS 11.61.121 or distribution of child sexual abuse material 2
[PORNOGRAPHY] in violation of AS 11.61.125; 3
(8) sex trafficking in violation of AS 11.41.340 or 11.41.345 4
[AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR CLASS B 5
FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT THE 6
TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE]; 7
(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 8
(b) Except as otherwise provided by law or in (a) of this section, a person may 9
not be prosecuted, tried, or punished for an offense unless the indictment is found or 10
the information or complaint is instituted not later than 11
(1) 10 years after the commission of a felony offense in violation of 12
AS 11.41.120 - 11.41.330, 11.41.350, 11.41.366, 11.41.425(a)(1), 11.41.425(a)(5), 13
11.41.425(a)(6), or 11.41.450 - 11.41.458; or 14
(2) five years after the commission of any other offense. 15
* Sec. 29. AS 12.37.010 is amended to read: 16
Sec. 12.37.010. Authorization to intercept communications. The attorney 17
general, or a person designated in writing or by law to act for the attorney general, 18
may authorize, in writing, an ex parte application to a court of competent jurisdiction 19
for an order authorizing the interception of a private communication if the interception 20
may provide evidence of, or may assist in the apprehension of persons who have 21
committed, are committing, or are planning to commit, the following offenses: 22
(1) murder in the first or second degree under AS 11.41.100 - 23
11.41.110; 24
(2) kidnapping under AS 11.41.300; 25
(3) a class A or unclassified felony drug offense under AS 11.71; 26
(4) sex trafficking in the first or second degree under AS 11.41.340 or 27
11.41.345 [AS 11.66.110 AND 11.66.120]; or 28
(5) human trafficking [IN THE FIRST DEGREE] under AS 11.41.360 29
or 11.41.365. 30
* Sec. 30. AS 12.45.049 is amended to read: 31 33-LS0242\O
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Sec. 12.45.049. Privilege relating to domestic violence, sex trafficking, and 1
sexual assault counseling. Confidential communications between a victim of 2
domestic violence, sex trafficking, or sexual assault and a victim counselor are 3
privileged under AS 18.66.200 - 18.66.250. 4
* Sec. 31. AS 12.55.015 is amended by adding a new subsection to read: 5
(m) In addition to the penalties authorized by this section, if a defendant holds 6
a business license and is convicted of an offense under AS 11.41.340 - 11.41.366, and 7
the defendant used the business in furtherance of the offense, the court shall revoke the 8
defendant's business license. 9
* Sec. 32. AS 12.55.035(b) is amended to read: 10
(b) Upon conviction of an offense, a defendant who is not an organization may 11
be sentenced to pay, unless otherwise specified in the provision of law defining the 12
offense, a fine of not more than 13
(1) $500,000 for murder in the first or second degree, attempted 14
murder in the first degree, murder of an unborn child, human trafficking in the first 15
degree, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), 16
sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first 17
degree [UNDER AS 11.66.110(a)(2)], or misconduct involving a controlled substance 18
in the first degree; 19
(2) $250,000 for a class A felony; 20
(3) $100,000 for a class B felony; 21
(4) $50,000 for a class C felony; 22
(5) $25,000 for a class A misdemeanor; 23
(6) $2,000 for a class B misdemeanor; 24
(7) $500 for a violation. 25
* Sec. 33. AS 12.55.078(f) is amended to read: 26
(f) The court may not suspend the imposition or entry of judgment and may 27
not defer prosecution under this section of a person who 28
(1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 29
- 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 30
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
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11.61.128], AS 11.66.101, or 11.66.104 [OR AS 11.66.110 - 11.66.135]; 1
(2) uses a firearm in the commission of the offense for which the 2
person is charged; 3
(3) has previously been granted a suspension of judgment under this 4
section or a similar statute in another jurisdiction, unless the court enters written 5
findings that by clear and convincing evidence the person's prospects for rehabilitation 6
are high and suspending judgment under this section adequately protects the victim of 7
the offense, if any, and the community; 8
(4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 9
and the person has one or more prior convictions for a misdemeanor violation of 10
AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 11
having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 12
felony in this state; for the purposes of this paragraph, a person shall be considered to 13
have a prior conviction even if 14
(A) the charges were dismissed under this section; 15
(B) the conviction has been set aside under AS 12.55.085; or 16
(C) the charge or conviction was dismissed or set aside under 17
an equivalent provision of the laws of another jurisdiction; or 18
(5) is charged with a crime involving domestic violence, as defined in 19
AS 18.66.990. 20
* Sec. 34. AS 12.55.085(f) is amended to read: 21
(f) The court may not suspend the imposition of sentence of a person who 22
(1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 23
- 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 24
AS 11.46.400, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 25
11.61.128], AS 11.66.101, or 11.66.104 [OR AS 11.66.110 - 11.66.135]; 26
(2) uses a firearm in the commission of the offense for which the 27
person is convicted; or 28
(3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 29
and the person has one or more prior convictions for a misdemeanor violation of 30
AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 31 33-LS0242\O
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having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 1
felony in this state; for the purposes of this paragraph, a person shall be considered to 2
have a prior conviction even if that conviction has been set aside under (e) of this 3
section or under the equivalent provision of the laws of another jurisdiction. 4
* Sec. 35. AS 12.55.100(e) is amended to read: 5
(e) In addition to other conditions imposed on the defendant, while on 6
probation and as a condition of probation 7
(1) for a sex offense, as described in AS 12.63.100, the defendant 8
(A) shall be required to submit to regular periodic polygraph 9
examinations; 10
(B) may be required to provide each electronic mail address, 11
instant messaging address, and other Internet communication identifier that the 12
defendant uses to the defendant's probation officer; the probation officer shall 13
forward those addresses and identifiers to the Alaska state troopers and to the 14
local law enforcement agency; 15
(2) if the defendant was convicted of a violation of AS 11.41.434 - 16
11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 17
11.61.128], or a similar offense in another jurisdiction, the defendant may be required 18
to refrain from 19
(A) using or creating an Internet site; 20
(B) communicating with children under 16 years of age; 21
(C) possessing or using a computer; or 22
(D) residing within 500 feet of school grounds; in this 23
subparagraph, "school grounds" has the meaning given in AS 11.71.900. 24
* Sec. 36. AS 12.55.125(b) is amended to read: 25
(b) A defendant convicted of attempted murder in the first degree, solicitation 26
to commit murder in the first degree, conspiracy to commit murder in the first degree, 27
kidnapping, human trafficking in the first degree, or misconduct involving a 28
controlled substance in the first degree shall be sentenced to a definite term of 29
imprisonment of at least five years but not more than 99 years. A defendant convicted 30
of murder in the second degree or murder of an unborn child und er 31 33-LS0242\O
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AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at 1
least 15 years but not more than 99 years. A defendant convicted of murder in the 2
second degree shall be sentenced to a definite term of imprisonment of at least 20 3
years but not more than 99 years when the defendant is convicted of the murder of a 4
child under 16 years of age and the court finds by clear and convincing evidence that 5
the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal 6
guardian, or a person occupying a position of authority in relation to the child; or (2) 7
caused the death of the child by committing a crime against a person under 8
AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 9
authority" have the meanings given in AS 11.41.470. 10
* Sec. 37. AS 12.55.125(i) is amended to read: 11
(i) A defendant convicted of 12
(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 13
(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 14
under AS 11.41.455(c)(2), or sex trafficking in the first degree [UNDER 15
AS 11.66.110(a)(2)] may be sentenced to a definite term of imprisonment of not more 16
than 99 years and shall be sentenced to a definite term within the following 17
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 18
(A) if the offense is a first felony conviction, the offense does 19
not involve circumstances described in (B) of this paragraph, and the victim 20
was 21
(i) less than 13 years of age, 25 to 35 years; 22
(ii) 13 years of age or older, 20 to 30 years; 23
(B) if the offense is a first felony conviction and the defendant 24
possessed a firearm, used a dangerous instrument, or caused serious physical 25
injury during the commission of the offense, 25 to 35 years; 26
(C) if the offense is a second felony conviction and does not 27
involve circumstances described in (D) of this paragraph, 30 to 40 years; 28
(D) if the offense is a second felony conviction and the 29
defendant has a prior conviction for a sexual felony, 35 to 45 years; 30
(E) if the offense is a third felony conviction and the defendant 31 33-LS0242\O
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is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 1
to 60 years; 2
(F) if the offense is a third felony conviction, the defendant is 3
not subject to sentencing under (l) of this section, and the defendant has two 4
prior convictions for sexual felonies, 99 years; 5
(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), sex 6
trafficking in the second degree, unlawful exploitation of a minor under 7
AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), or attempt, 8
conspiracy, or solicitation to commit sexual assault in the first degree under 9
AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, 10
unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex trafficking in the 11
first degree [UNDER AS 11.66.110(a)(2)] may be sentenced to a definite term of 12
imprisonment of not more than 99 years and shall be sentenced to a definite term 13
within the following presumptive ranges, subject to adjustment as provided in 14
AS 12.55.155 - 12.55.175: 15
(A) if the offense is a first felony conviction, the offense does 16
not involve circumstances described in (B) of this paragraph, and the victim 17
was 18
(i) under 13 years of age, 20 to 30 years; 19
(ii) 13 years of age or older, 15 to 30 years; 20
(B) if the offense is a first felony conviction and the defendant 21
possessed a firearm, used a dangerous instrument, or caused serious physical 22
injury during the commission of the offense, 25 to 35 years; 23
(C) if the offense is a second felony conviction and does not 24
involve circumstances described in (D) of this paragraph, 25 to 35 years; 25
(D) if the offense is a second felony conviction and the 26
defendant has a prior conviction for a sexual felony, 30 to 40 years; 27
(E) if the offense is a third felony conviction, the offense does 28
not involve circumstances described in (F) of this paragraph, and the defendant 29
is not subject to sentencing under (l) of this section, 35 to 50 years; 30
(F) if the offense is a third felony conviction, the defendant is 31 33-LS0242\O
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not subject to sentencing under (l) of this section, and the defendant has two 1
prior convictions for sexual felonies, 99 years; 2
(3) sex trafficking in the third degree under AS 11.41.350(b)(1), 3
patron of a victim of sex trafficking under AS 11.41.355(c)(1), sexual assault in the 4
second degree, sexual abuse of a minor in the second degree, enticement of a minor 5
under AS 11.41.452(d), indecent exposure in the first degree un der 6
AS 11.41.458(b)(2), distribution of generated obscene child sexual abuse material 7
under AS 11.61.121(d)(2), indecent viewing or production of a picture under 8
AS 11.61.123(g)(1), distribution of child sexual abuse material [PORNOGRAPHY] 9
under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation to commit sexual 10
assault in the first degree under AS 11.41.410(a)(1)(B), sex trafficking in the second 11
degree, unlawful exploitation of a minor under AS 11.41.455(c)(1), or enticement 12
of a minor under AS 11.41.452(e) may be sentenced to a definite term of 13
imprisonment of not more than 99 years and shall be sentenced to a definite term 14
within the following presumptive ranges, subject to adjustment as provided in 15
AS 12.55.155 - 12.55.175: 16
(A) if the offense is a first felony conviction, five to 15 years; 17
(B) if the offense is a second felony conviction and does not 18
involve circumstances described in (C) of this paragraph, 10 to 25 years; 19
(C) if the offense is a second felony conviction and the 20
defendant has a prior conviction for a sexual felony, 15 to 30 years; 21
(D) if the offense is a third felony conviction and does not 22
involve circumstances described in (E) of this paragraph, 20 to 35 years; 23
(E) if the offense is a third felony conviction and the defendant 24
has two prior convictions for sexual felonies, 99 years; 25
(4) sex trafficking in the third degree under AS 11.41.350(b)(2), 26
patron of a victim of sex trafficking under AS 11.41.355(c)(2), sexual assault in the 27
third degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), 28
incest, indecent exposure in the first degree under AS 11.41.458(b)(1), distribution of 29
generated obscene child sexual abuse material under AS 11.61.121(d)(1), 30
possession of generated obscene child sexual abuse material, indecent viewing or 31 33-LS0242\O
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production of a picture under AS 11.61.123(g)(2) [AS 11.61.123(f)(1) OR (2)], 1
possession of child sexual abuse material [PORNOGRAPHY], distribution of child 2
sexual abuse material [PORNOGRAPHY] under AS 11.61.125(e)(1), or attempt, 3
conspiracy, or solicitation to commit sex trafficking in the third degree under 4
AS 11.41.350(b)(1), patron of a victim of sex trafficking under AS 11.41.355(c)(1), 5
sexual assault in the second degree, sexual abuse of a minor in the second degree, 6
indecent viewing or production of a picture under AS 11.61.123(g)(1), 7
distribution of generated obscene child sexual abuse material, [UNLAWFUL 8
EXPLOITATION OF A MINOR,] or distribution of child sexual abuse material 9
under AS 11.61.125(e)(2) [PORNOGRAPHY], may be sentenced to a definite term 10
of imprisonment of not more than 99 years and shall be sentenced to a definite term 11
within the following presumptive ranges, subject to adjustment as provided in 12
AS 12.55.155 - 12.55.175: 13
(A) if the offense is a first felony conviction and does not 14
involve the circumstances described in (B) or (C) of this paragraph, two to 12 15
years; 16
(B) if the offense is a first felony conviction under 17
AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 18
involve circumstances described in (C) of this paragraph, four to 12 years; 19
(C) if the offense is a first felony conviction under 20
AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 21
defendant hosted, created, or helped host or create a mechanism for multi-party 22
sharing or distribution of generated obscene child sexual abuse material or 23
child sexual abuse material [PORNOGRAPHY], or received a financial 24
benefit or had a financial interest in a generated obscene child sexual abuse 25
material or child sexual abuse material [PORNOGRAPHY] sharing or 26
distribution mechanism, six to 14 years; 27
(D) if the offense is a second felony conviction and does not 28
involve circumstances described in (E) of this paragraph, eight to 15 years; 29
(E) if the offense is a second felony conviction and the 30
defendant has a prior conviction for a sexual felony, 12 to 20 years; 31 33-LS0242\O
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(F) if the offense is a third felony conviction and does not 1
involve circumstances described in (G) of this paragraph, 15 to 25 years; 2
(G) if the offense is a third felony conviction and the defendant 3
has two prior convictions for sexual felonies, 99 years. 4
* Sec. 38. AS 12.55.127(d) is amended to read: 5
(d) If the defendant is being sentenced for two or more crimes of distribution 6
of generated obscene child sexual abuse material under AS 11.61.121, possession 7
of generated obscene child sexual abuse material under AS 11.61.122, distribution 8
of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 9
of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 10
distribution of indecent material to minors under AS 11.61.128, a consecutive term of 11
imprisonment shall be imposed for some additional term of imprisonment for each 12
additional crime or each additional attempt or solicitation to commit the offense. 13
* Sec. 39. AS 12.55.135 is amended by adding a new subsection to read: 14
(q) A defendant convicted under AS 11.66.106 shall be sentenced to a 15
minimum term of imprisonment of 72 hours if the defendant has been previously 16
convicted once in the previous five years in this or another jurisdiction of an offense 17
under AS 11.66.106 or an offense under another law or ordinance with similar 18
elements. 19
* Sec. 40. AS 12.55.185(10) is amended to read: 20
(10) "most serious felony" means 21
(A) arson in the first degree, [SEX TRAFFICKING IN THE 22
FIRST DEGREE UNDER AS 11.66.110(a)(2),] enticement of a minor under 23
AS 11.41.452(e), or any unclassified or class A felony prescribed under 24
AS 11.41; or 25
(B) an attempt, or conspiracy to commit, or criminal 26
solicitation under AS 11.31.110 of, an unclassified felony prescribed under 27
AS 11.41; 28
* Sec. 41. AS 12.55.185(16) is amended to read: 29
(16) "sexual felony" means sexual assault in the first degree, sexual 30
abuse of a minor in the first degree, sex trafficking in the first degree, sex trafficking 31 33-LS0242\O
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in the second degree, sexual assault in the second degree, sexual abuse of a minor in 1
the second degree, sex trafficking in the third degree, patron of a victim of sex 2
trafficking, sexual abuse of a minor in the third degree under AS 11.41.438(c), 3
unlawful exploitation of a minor, distribution of generated obscene child sexual 4
abuse material, possession of generated obscene child sexual abuse material, 5
indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2) 6
[AS 11.61.123(f)(1) OR (2)], distribution of child sexual abuse material 7
[PORNOGRAPHY], sexual assault in the third degree, incest, indecent exposure in 8
the first degree, possession of child sexual abuse material [PORNOGRAPHY], 9
enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 10
crimes; 11
* Sec. 42. AS 12.61.125(a) is amended to read: 12
(a) The defendant accused of a sex [SEXUAL] offense, the defendant's 13
counsel, or an investigator or other person acting on behalf of the defendant, may not 14
(1) notwithstanding AS 12.61.120, contact the victim of the offense or 15
a witness to the offense if the victim or witness, or the parent or guardian of the victim 16
or witness if the victim or witness is a minor, has informed the defendant or the 17
defendant's counsel in writing or in person that the victim or witness does not wish to 18
be contacted by the defense; a victim or witness who has not informed the defendant 19
or the defendant's counsel in writing or in person that the victim does not wish to be 20
contacted by the defense is entitled to rights as provided in AS 12.61.120; 21
(2) obtain a statement from the victim of the offense or a witness to the 22
offense, unless, 23
(A) if the statement is taken as a recording, the recording is 24
taken in compliance with AS 12.61.120, and written authorization is first 25
obtained from the victim or witness, or from the parent or guardian of the 26
victim or witness if the victim or witness is a minor; the written authorization 27
must state that the victim or witness is aware that there is no legal requirement 28
that the victim or witness talk to the defense; or 29
(B) if the statement is not taken as a recording, written 30
authorization is first obtained from the victim or witness, or from the parent or 31 33-LS0242\O
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guardian of the victim or witness if the victim or witness is a minor; the written 1
authorization must state that the victim or witness is aware that there is no 2
legal requirement that the victim or witness talk to the defense; a victim or 3
witness making a statement under this subparagraph remains entitled to rights 4
as provided in AS 12.61.120. 5
* Sec. 43. AS 12.61.125(d) is amended by adding a new paragraph to read: 6
(3) "sex offense" has the meaning given in AS 12.63.100 and includes 7
a crime, or an attempt, solicitation, or conspiracy to commit a crime under 8
AS 11.41.440(a)(1). 9
* Sec. 44. AS 12.61.140 is amended to read: 10
Sec. 12.61.140. Disclosure of victim's name. (a) The portion of the records of 11
a court or law enforcement agency that contains the name of the victim of an offense 12
under AS 11.41.300(a)(1)(C) or a victim of a sex offense [11.41.410 - 11.41.460] 13
(1) shall be withheld from public inspection, except with the consent of 14
the court in which the case is or would be prosecuted; and 15
(2) is not a public record under AS 40.25.110 - 40.25.125. 16
(b) In all written court records open to public inspection, the name of the 17
victim of an offense under AS 11.41.300(a)(1)(C) or a victim of a sex offense 18
[11.41.410 - 11.41.460] may not appear. Instead, the victim's initials shall be used. 19
However, a sealed record containing the victim's name shall be kept by the court in 20
order to ensure that a defendant is not charged twice for the same offense. 21
* Sec. 45. AS 12.61.140 is amended by adding a new subsection to read: 22
(c) In this section, "sex offense" has the meaning given in AS 12.63.100 and 23
includes a crime, or an attempt, solicitation, or conspiracy to commit a crime, under 24
AS 11.41.440(a)(1). 25
* Sec. 46. AS 12.62.900(23) is amended to read: 26
(23) "serious offense" means a conviction for a violation or for an 27
attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 28
or of the laws of another jurisdiction with substantially similar elements: 29
(A) a felony offense; 30
(B) a crime involving domestic violence; 31 33-LS0242\O
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(C) AS 11.41.410 - 11.41.470; 1
(D) AS 11.51.130 or 11.51.200 - 11.56.210; 2
(E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 3
(F) AS 11.66.101 [AS 11.66.100 - 11.66.130]; 4
(G) former AS 11.15.120, former 11.15.134, or assault with the 5
intent to commit rape under former AS 11.15.160; or 6
(H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 7
11.40.420, if committed before January 1, 1980. 8
* Sec. 47. AS 12.63.100(7) is amended to read: 9
(7) "sex offense" means 10
(A) a crime under AS 11.41.100(a)(3), or a similar law of 11
another jurisdiction, in which the person committed or attempted to commit a 12
sexual offense, or a similar offense under the laws of the other jurisdiction; in 13
this subparagraph, "sexual offense" has the meaning given in 14
AS 11.41.100(a)(3); 15
(B) a crime under AS 11.41.110(a)(3), or a similar law of 16
another jurisdiction, in which the person committed or attempted to commit 17
one of the following crimes, or a similar law of another jurisdiction: 18
(i) sexual assault in the first degree; 19
(ii) sexual assault in the second degree; 20
(iii) sexual abuse of a minor in the first degree; or 21
(iv) sexual abuse of a minor in the second degree; 22
(C) a crime, or an attempt, solicitation, or conspiracy to commit 23
a crime, under the following statutes or a similar law of another jurisdiction: 24
(i) AS 11.41.410 - 11.41.438; 25
(ii) AS 11.41.440(a)(2); 26
(iii) AS 11.41.450 - 11.41.458; 27
(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 28
exposure is before a person under 16 years of age and the offender has 29
previously been convicted under AS 11.41.460 or AS 26.05.900(c); 30
(v) AS 11.61.125 - 11.61.128; 31 33-LS0242\O
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(vi) former AS 11.66.110, former 11.66.130(a)(2)(B), 1
or AS 26.05.900(b) if the person who was induced or caused to engage 2
in prostitution was under 20 years of age at the time of the offense; 3
(vii) former AS 11.15.120, former 11.15.134, or assault 4
with the intent to commit rape under former AS 11.15.160, former 5
AS 11.40.110, or former 11.40.200; 6
(viii) AS 11.61.118(a)(2) if the offender has a previous 7
conviction for that offense; 8
(ix) [AS 11.66.100(a)(2) IF THE OFFENDER IS 9
SUBJECT TO PUNISHMENT UNDER AS 11.66.100(e); 10
(x)] AS 26.05.890 if the person engaged in sexual 11
penetration or sexual contact with the victim; 12
(x) [(xi)] AS 26.05.890 if, at the time of the offense, the 13
victim is under a duty to obey the lawful orders of the offender, 14
regardless of whether the offender is in the direct chain of command 15
over the victim; 16
(xi) [(xii)] AS 26.05.893 if the person engaged in sexual 17
penetration or sexual contact with the victim; 18
(xii) AS 26.05.900(a) [(xiii) AS 26.05.900(a)(1) - (4)] if 19
the victim is under 18 years of age at the time of the offense; 20
(xiii) [(xiv)] AS 26.05.900 if, at the time of the offense, 21
the victim is under a duty to obey the lawful orders of the offender, 22
regardless of whether the offender is in the direct chain of command 23
over the victim; 24
(xiv) [OR (xv)] AS 11.61.123 if the offender is subject 25
to punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) or 26
(2)]; or 27
(xv) AS 11.41.340, 11.41.345, or 11.41.355; or 28
(D) an offense, or an attempt, solicitation, or conspiracy to 29
commit an offense, under AS 26.05.935(b), or a similar law of another 30
jurisdiction, if the member of the militia commits one of the following 31 33-LS0242\O
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enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 1
Code of Military Justice): 2
(i) child sexual abuse material [PORNOGRAPHY]; or 3
(ii) pandering and prostitution if the person who is 4
induced, enticed, caused, or procured to engage in a sexual act is under 5
21 [20] years of age at the time of the offense; or 6
(E) an offense in which the person is required to register as a 7
sex offender under the laws of another jurisdiction; 8
* Sec. 48. AS 12.72 is amended by adding new sections to read: 9
Sec. 12.72.100. Vacation of judgment of conviction for prostitution. A 10
person may petition the court to vacate the judgment if, at the time of the offense, the 11
person was or would have been a victim of sex trafficking as defined in 12
AS 11.81.900(b) and was convicted or adjudicated delinquent for prostitution under 13
former AS 11.66.100 or under AS 11.66.102 or a similar municipal ordinance. 14
Sec. 12.72.105. Filing of petition for vacation of judgment. (a) A person 15
seeking a vacation of judgment under this chapter shall file a petition with the clerk at 16
the court location where the underlying criminal case was filed and serve a copy on 17
the prosecuting authority responsible for obtaining the conviction. 18
(b) If the prosecuting authority does not file a response within 45 days after 19
service of the petition, the court may grant the vacation of judgment without further 20
proceedings. 21
Sec. 12.72.110. Limitations on petition for vacation of judgment. (a) A 22
person may file a petition under this chapter only after a judgment has been entered on 23
the person's case or, if the conviction was appealed, after the court's decision on the 24
case is final under the Alaska Rules of Appellate Procedure. 25
(b) An action for a petition for vacation of judgment under AS 12.72.100 does 26
not give rise to the right to a trial by jury. 27
Sec. 12.72.115. Presumption and burden of proof in vacation of judgment 28
proceedings. (a) The person petitioning the court for a vacation of judgment of 29
conviction or adjudication of delinquency for prostitution under former AS 11.66.100 30
or under AS 11.66.102 or a similar municipal ordinance must prove all factual 31 33-LS0242\O
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assertions by a preponderance of the evidence. 1
(b) There is a rebuttable presumption that a person who was under 21 years of 2
age at the time of an offense under AS 11.66.102 was or would have been a victim of 3
sex trafficking. 4
Sec. 12.72.120. Vacation of judgment. (a) If the court grants the petition for a 5
vacation of judgment, 6
(1) the judgment of conviction or adjudication of delinquency for 7
prostitution under former AS 11.66.100 or under AS 11.66.102 or a similar municipal 8
ordinance shall be vacated; 9
(2) the Alaska Court System may not publish on a publicly available 10
Internet website the court records of the conviction for prostitution under former 11
AS 11.66.100 or under AS 11.66.102 or a similar municipal ordinance if the person 12
was not convicted of a felony charge in that case; and 13
(3) the Department of Public Safety may not release information 14
related to the conviction for prostitution under former AS 11.66.100 or under 15
AS 11.66.102 or a similar municipal ordinance in response to a request under 16
AS 12.62.160(b)(6), (8), or (9). 17
(b) The Alaska Court System shall remove a person's court records from a 18
publicly available Internet website under (a)(2) of this section within 30 days after the 19
court grants a petition for vacation of judgment. 20
* Sec. 49. AS 14.20.030(b) is amended to read: 21
(b) The commissioner or the Professional Teaching Practices Commission 22
shall revoke for life the certificate of a person who has been convicted of a crime, or 23
an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 24
AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 25
11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 26
offense described in this subsection. 27
* Sec. 50. AS 15.80.010(10) is amended to read: 28
(10) "felony involving moral turpitude" includes those crimes that are 29
immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 30
sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 31 33-LS0242\O
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coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 1
forgery device, offering a false instrument for recording, scheme to defraud, falsifying 2
business records, commercial bribe receiving, commercial bribery, bribery, receiving a 3
bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 4
escape, promoting contraband, interference with official proceedings, receiving a bribe 5
by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 6
evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 7
explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 8
misconduct involving a controlled substance or an imitation controlled substance, 9
permitting an escape, promoting gambling, possession of gambling records, 10
distribution of child sexual abuse material [PORNOGRAPHY], and possession of 11
child sexual abuse material [PORNOGRAPHY]; 12
* Sec. 51. AS 18.65.530(a) is amended to read: 13
(a) Except as provided in (b) or (c) of this section, a peace officer, with or 14
without a warrant, shall arrest a person if the officer has probable cause to believe the 15
person has, either in or outside the presence of the officer, within the previous 12 16
hours, 17
(1) committed domestic violence, except an offense under 18
AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 19
(2) committed the crime of violating a protective order in violation of 20
AS 11.56.740(a)(1), [OR] (2), or (4); 21
(3) violated a condition of release imposed under AS 12.30.016(e) or 22
(f) or 12.30.027. 23
* Sec. 52. AS 18.65.540(a) is amended to read: 24
(a) The Department of Public Safety shall maintain a central registry of 25
protective orders issued by or filed with a court of this state under AS 13.26.450 - 26
13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 - 18.65.870], or AS 18.66.100 - 27
18.66.180. The registry must include, for each protective order, the names of the 28
petitioner and respondent, their dates of birth, and the conditions and duration of the 29
order. The registry shall retain a record of the protective order after it has expired. 30
* Sec. 53. AS 18.65.540(b) is amended to read: 31 33-LS0242\O
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(b) A peace officer receiving a protective order from a court under 1
AS 13.26.450, 13.26.455, AS 18.65.850 - 18.65.855, 18.65.875, 18.65.877, or 2
AS 18.66.100 - 18.66.180, a modified order issued under AS 13.26.460, 3
AS 18.65.860, 18.65.880, or AS 18.66.120, or an order dismissing a protective order 4
shall take reasonable steps to ensure that the order, modified order, or dismissal is 5
entered into the central registry within 24 hours after being received. 6
* Sec. 54. AS 18.65 is amended by adding new sections to read: 7
Article 12A. Workplace Violence Protective Orders. 8
Sec. 18.65.875. Protective orders; eligible petitioners; relief. (a) An 9
employer may file a petition in the district or superior court for a protective order 10
against an individual who the employer reasonably believes 11
(1) committed an act of violence against the employer or an employee 12
that occurred at the employer's workplace; or 13
(2) made a threat of violence against the employer or an employee that 14
can reasonably be construed as a threat that may be carried out at the employer's 15
workplace. 16
(b) When a petition for a protective order is filed, the court shall schedule a 17
hearing and provide at least 10 days' notice to the respondent of the hearing and of the 18
respondent's right to appear and be heard, either in person or through an attorney. If 19
the court finds by a preponderance of evidence that the respondent has committed 20
violence or made a threat of violence, regardless of whether the respondent appears at 21
the hearing, the court may order any relief available under (c) of this section. The 22
provisions of a protective order issued under this section are effective for six months 23
unless earlier dissolved by the court. 24
(c) A protective order issued under this section may 25
(1) prohibit the respondent from making a threat to commit or 26
committing violence; 27
(2) prohibit the respondent from telephoning, contacting, or otherwise 28
communicating directly or indirectly with the petitioner; 29
(3) direct the respondent to stay away from the workplace of the 30
petitioner, or any specified place frequented by the petitioner, during the normal 31 33-LS0242\O
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course of the petitioner's business; however, the court may order the respondent to stay 1
away from the respondent's own workplace only if the respondent has been provided 2
actual notice of the opportunity to appear and be heard on the petition; 3
(4) order other relief the court determines to be necessary to protect the 4
workplace of the petitioner. 5
(d) If the court issues a protective order under this section, the court shall 6
(1) make reasonable efforts to ensure that the order is understood by 7
the petitioner and the respondent; and 8
(2) have the order delivered to the appropriate local law enforcement 9
agency for expedited service and entry into the central registry of protective orders 10
under AS 18.65.540. 11
(e) A court may not deny a petition for a protective order solely because of a 12
lapse of time between an act of violence or a threat of violence and the filing of the 13
petition. 14
Sec. 18.65.877. Ex parte protective orders for workplace violence. An 15
employer who may file a petition for a protective order against an individual under 16
AS 18.65.875 may file a petition for an ex parte protective order against the 17
individual. If the court finds that the petition establishes probable cause that recent 18
violence has occurred or a recent threat of violence has been made, that it is necessary 19
to protect the employer from further violence, and that the petitioner has certified to 20
the court in writing the efforts, if any, that have been made to provide notice to the 21
respondent, the court shall ex parte and without notice to the respondent issue a 22
protective order. An ex parte protective order under this section may grant the 23
protection allowed by AS 18.65.875(c). An ex parte protective order expires 20 days 24
after it is issued unless dissolved earlier by the court at the request of either the 25
petitioner or the respondent after notice and, if requested, a hearing. If the court issues 26
an ex parte protective order, the court shall have the order delivered to the appropriate 27
law enforcement agency for expedited service and entry into the central registry of 28
protective orders under AS 18.65.540. 29
Sec. 18.65.880. Modification of workplace violence protective order. (a) 30
Either the petitioner or the respondent may request modificatio
n of a protective order 31 33-LS0242\O
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issued under AS 18.65.875 or 18.65.877. If a request is made for modification of 1
(1) a protective order after notice and hearing under AS 18.65.875, the 2
court shall schedule a hearing within 20 days after the date the request is made, except 3
that if the court finds that the request is meritless on its face, the court may deny the 4
request without further hearing; or 5
(2) an ex parte protective order under AS 18.65.877, the court shall 6
schedule a hearing on three days' notice or on shorter notice as the court may 7
prescribe. 8
(b) If a request for a modification is made under this section and the 9
respondent raises an issue not raised by the petitioner, the court may allow the 10
petitioner additional time to respond. 11
(c) If the court modifies a protective order under this section, the court shall 12
issue a modified order and shall 13
(1) make reasonable efforts to ensure that the order is understood by 14
the petitioner and the respondent; and 15
(2) have the order delivered to the appropriate local law enforcement 16
agency for expedited service and for entry into the central registry of protective orders 17
under AS 18.65.540. 18
Sec. 18.65.885. Specific protective orders. (a) If a respondent in a protective 19
order issued under AS 18.65.875 - 18.65.880 is prohibited from communicating with 20
the petitioner, excluded from the petitioner's workplace, or ordered to stay away from 21
the petitioner as provided in AS 18.65.875(c)(2) - (4), an invitation by the petitioner to 22
communicate, enter the petitioner's workplace, or have other prohibited contact with 23
the petitioner does not waive or nullify any provision in a protective order. 24
(b) A court may not order parties into mediation or refer them to mediation for 25
resolution of the issues arising from a petition for a protective order under 26
AS 18.65.875 - 18.65.899. 27
(c) In addition to other required information contained in a protective order, 28
the order must include in bold face type the following statements: 29
(1) "Violation of this order may be a misdemeanor, punishable by up 30
to one year of incarceration and up to a $25,000 fine"; 31 33-LS0242\O
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(2) "If you are ordered to have no contact with the petitioner or to stay 1
away from the petitioner's workplace or other place designated by the court, an 2
invitation by the petitioner to have the prohibited contact or to be present at or enter 3
the workplace or other place does not in any way invalidate or nullify the order." 4
(d) A protective order issued under AS 18.65.875 - 18.65.899 is in addition to 5
and not in place of any other civil or criminal remedy. A petitioner is not barred from 6
seeking an order under AS 18.65.875 - 18.65.899 because of the existence of another 7
civil action between the petitioner and the respondent. 8
Sec. 18.65.890. Forms for petitions and orders; fees. (a) The Alaska Court 9
System shall prepare forms for petitions, protective orders, and instructions for their 10
use by an employer seeking a protective order under AS 18.65.875 - 18.65.899. The 11
forms must conform to the Alaska Rules of Civil Procedure, except that information 12
on the forms may be filled in by legible handwriting. 13
(b) In addition to other information required, a petition for a protective order 14
must include a statement of pending civil or criminal actions involving the petitioner 15
or the respondent. While a protective order is in effect or a petition for a protective 16
order is pending, both the petitioner and the respondent have a continuing duty to 17
inform the court of pending civil or criminal actions involving the petitioner or the 18
respondent. 19
(c) The office of the clerk of each superior and district court shall make 20
available to the public the forms a person seeking a protective order under 21
AS 18.65.875 - 18.65.899 may need and instructions for the use of the forms. The 22
clerk shall provide assistance in completing the forms and filing the forms. 23
(d) Filing fees may not be charged in any action seeking only the relief 24
provided in AS 18.65.875 - 18.65.899. 25
Sec. 18.65.895. Service of process. (a) Unless, on the record in court, the 26
respondent has already been provided a copy of the court's order, process issued under 27
AS 18.65.875 - 18.65.899 shall be promptly served and executed. If process is to be 28
served on a respondent believed to be present or residing in a municipality, as defined 29
in AS 29.71.800, or in an unincorporated community, process shall be served by a 30
peace officer of that municipality or unincorporated community who has jurisdiction 31 33-LS0242\O
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within the area of service. If a peace officer of the municipality or unincorporated 1
community who has jurisdiction is not available, a superior court, district court, or 2
magistrate may designate any other peace officer to serve and execute process. A state 3
peace officer shall serve process in any area that is not within the jurisdiction of a 4
peace officer of a municipality or unincorporated community. A peace officer shall 5
use every reasonable means to serve process issued under AS 18.65.875 - 18.65.899. 6
A judge may not order a peace officer to serve a petition that has been denied by the 7
court. 8
(b) Service of process under (a) of this section does not preclude a petitioner 9
from using any other available means to serve process issued under AS 18.65.875 - 10
18.65.899. 11
(c) Fees for service of process may not be charged in a proceeding seeking 12
only the relief provided in AS 18.65.875 - 18.65.899. 13
Sec. 18.65.897. Civil liability. (a) A person may not bring a civil action for 14
damages against the state, its officers, agents, or employees, or a law enforcement 15
agency, its officers, agents, or employees for any failure to comply with the provisions 16
of AS 18.65.875 - 18.65.899. 17
(b) A person may not bring a civil action for damages against an employer for 18
seeking or failing to seek a protective order unless an employer seeks a protective 19
order for an illegitimate purpose. 20
Sec. 18.65.899. Definitions. In AS 18.65.875 - 18.65.899, 21
(1) "course of conduct" has the meaning given in AS 11.41.270; 22
(2) "employee" means an individual employed by an employer but 23
does not include an individual employed in the domestic service of any person; 24
(3) "employer" means a person who employs one or more other 25
persons; 26
(4) "threat of violence" means a statement or course of conduct that 27
recklessly places a person in fear of physical injury or death; 28
(5) "violence" means a crime under AS 11.41 that injures a person or 29
places a person in fear of physical injury or death; 30
(6) "workplace" means a place of employment other than a place used 31 33-LS0242\O
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primarily as a residence. 1
* Sec. 55. AS 18.66.210 is amended to read: 2
Sec. 18.66.210. Exceptions. The privilege provided under AS 18.66.200 does 3
not apply to 4
(1) reports of suspected child abuse or neglect under AS 47.17; 5
(2) evidence that the victim is about to commit a crime; 6
(3) a proceeding that occurs after the victim's death; 7
(4) a communication relevant to an issue of breach by the victim or 8
victim counselor of a duty arising out of the victim-victim counselor relationship; 9
(5) a communication that is determined to be admissible hearsay as an 10
excited utterance under the Alaska Rules of Evidence; 11
(6) a child-in-need-of-aid proceeding under AS 47.10; 12
(7) a communication made during the victim-victim counselor 13
relationship if the services of the counselor were sought, obtained, or used to enable 14
anyone to commit or plan a crime or to escape detection or apprehension after the 15
commission of a crime; or 16
(8) a criminal proceeding concerning criminal charges against a victim 17
of domestic violence, sex trafficking, or sexual assault in which [WHERE] the victim 18
is charged with a crime 19
(A) under AS 11.41 against a minor; or 20
(B) in which the physical, mental, or emotional condition of the 21
victim is raised in defense of the victim. 22
* Sec. 56. AS 18.66.250(1) is amended to read: 23
(1) "confidential communication" means information exchanged 24
between a victim and a victim counselor in private or in the presence of a third party 25
who is necessary to facilitate communication or further the counseling process and 26
that is disclosed in the course of victim counseling resulting from sex trafficking, a 27
sexual assault, or domestic violence; 28
* Sec. 57. AS 18.66.250(3) is amended to read: 29
(3) "victim" means a person who consults a victim counselor for 30
assistance in overcoming adverse effects of a sexual assault, sex trafficking, or 31 33-LS0242\O
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domestic violence; 1
* Sec. 58. AS 18.66.250(4) is amended to read: 2
(4) "victim counseling" means support, assistance, advice, or treatment 3
to alleviate the adverse effects of sex trafficking, a sexual assault, or domestic 4
violence on the victim; 5
* Sec. 59. AS 18.66.250(5) is amended to read: 6
(5) "victim counseling center" means a private organization, an 7
organization operated by or contracted by a branch of the armed forces of the United 8
States, or a local government agency that 9
(A) has, as one of its primary purposes, the provision of direct 10
services to victims for trauma resulting from [A] sexual assault, sex 11
trafficking, or domestic violence; 12
(B) is not affiliated with a law enforcement agency or a 13
prosecutor's office; and 14
(C) is not on contract with the state to provide services under 15
AS 47; 16
* Sec. 60. AS 18.66.250(6) is amended to read: 17
(6) "victim counselor" means an employee or supervised volunteer of a 18
victim counseling center that provides counseling to victims 19
(A) who has undergone a minimum of 40 hours of training in 20
sex trafficking, domestic violence, or sexual assault, crisis intervention, victim 21
support, treatment, and related areas; or 22
(B) whose duties include victim counseling. 23
* Sec. 61. AS 18.66.990(2) is amended to read: 24
(2) "crisis intervention and prevention program" means a community 25
program that provides information, education, counseling, and referral services to 26
individuals experiencing personal crisis related to domestic violence, sex trafficking, 27
or sexual assault and to individuals in personal or professional transition, excluding 28
correctional half-way houses, outpatient mental health programs, and drug or alcohol 29
rehabilitation programs; 30
* Sec. 62. AS 18.67.080(a) is amended to read: 31 33-LS0242\O
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(a) In a case in which a person is injured or killed by an incident specified in 1
AS 18.67.101(1), [OR] by the act of any other person that is within the description of 2
offenses listed in AS 18.67.101(2), or as a result of the person's involvement in a 3
commercial sexual act as described in AS 18.67.101(3), the board may order the 4
payment of compensation in accordance with the provisions of this chapter: 5
(1) to or for the benefit of the injured person; 6
(2) in the case of personal injury or death of the victim, to a person 7
responsible or who had been responsible for the maintenance of the victim who has 8
suffered pecuniary loss or incurred expenses as a result of the injury or death; 9
(3) in the case of death of the victim, to or for the benefit of one or 10
more of the dependents of the victim; or 11
(4) to the provider of a service under AS 18.67.110(b). 12
* Sec. 63. AS 18.67.101 is amended to read: 13
Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 14
board may order the payment of compensation in accordance with the provisions of 15
this chapter for personal injury or death that resulted from 16
(1) an attempt on the part of the applicant to prevent the commission of 17
crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 18
officer to do so, or aiding a victim of crime; [OR] 19
(2) the commission or attempt on the part of one other than the 20
applicant to commit any of the following offenses: 21
(A) murder in any degree; 22
(B) manslaughter; 23
(C) criminally negligent homicide; 24
(D) assault in any degree; 25
(E) kidnapping; 26
(F) sexual assault in any degree; 27
(G) sexual abuse of a minor; 28
(H) robbery in any degree; 29
(I) threats to do bodily harm; 30
(J) driving while under the influence of an alcoholic beverage, 31 33-LS0242\O
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inhalant, or controlled substance or another crime resulting from the operation 1
of a motor vehicle, boat, or airplane when the offender is under the influence 2
of an alcoholic beverage, inhalant, or controlled substance; 3
(K) arson in the first degree; 4
(L) [SEX TRAFFICKING IN VIOLATION OF AS 11.66.110 5
OR 11.66.130(a)(2)(B); 6
(M)] human trafficking in any degree; or 7
(M) [(N)] unlawful exploitation of a minor; or 8
(3) the applicant's having been induced or caused to engage in a 9
commercial sexual act under AS 11.41.340 - 11.41.350. 10
* Sec. 64. AS 18.85.100(c) is amended to read: 11
(c) An indigent person is entitled to representation under (a) and (b) of this 12
section for purposes of bringing a timely application for post-conviction relief or 13
petition for vacation of judgment under AS 12.72. An indigent person is not entitled 14
to representation under (a) and (b) of this section for purposes of bringing 15
(1) an untimely or successive application for post-conviction relief or 16
petition for vacation of judgment under AS 12.72 or an untimely or successive 17
motion for reduction or modification of sentence; 18
(2) a petition for review or certiorari from an appellate court ruling on 19
an application for post-conviction relief; or 20
(3) an action or claim for habeas corpus in federal court attacking a 21
state conviction. 22
* Sec. 65. AS 22.15.100 is amended to read: 23
Sec. 22.15.100. Functions and powers of district judge and magistrate. 24
Each district judge and magistrate has the power 25
(1) to issue writs of habeas corpus for the purpose of inquiring into the 26
cause of restraint of liberty, returnable before a judge of the superior court, and the 27
same proceedings shall be had on the writ as if it had been granted by the superior 28
court judge under the laws of the state in those cases; 29
(2) of a notary public; 30
(3) to solemnize marriages; 31 33-LS0242\O
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(4) to issue warrants of arrest, summons, and search warrants 1
according to manner and procedure prescribed by law and the supreme court; 2
(5) to act as an examining judge or magistrate in preliminary 3
examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 4
release of defendants under bail; 5
(6) to act as a referee in matters and actions referred to the judge or 6
magistrate by the superior court, with all powers conferred on [UPON] referees by 7
laws; 8
(7) of the superior court in all respects including contempts, attendance 9
of witnesses, and bench warrants; 10
(8) to order the temporary detention of a minor, or take other action 11
authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, 12
when the minor is in a condition or surrounding dangerous or injurious to the welfare 13
of the minor or others that requires immediate action; the action may be continued in 14
effect until reviewed by the superior court in accordance with rules of procedure 15
governing these cases; 16
(9) to issue a protective order in cases involving 17
(A) domestic violence as provided in AS 18.66.100 - 18
18.66.180; [OR] 19
(B) stalking or sexual assault as provided in AS 18.65.850 - 20
18.65.870; or 21
(C) workplace violence as provided in AS 18.65.875 - 22
18.65.899; 23
(10) to review an administrative revocation of a person's driver's 24
license or nonresident privilege to drive, and an administrative refusal to issue an 25
original license, when designated as a hearing officer by the commissioner of 26
administration and with the consent of the administrative director of the Alaska Court 27
System; 28
(11) to establish the fact of death or inquire into the death of a person 29
in the manner prescribed under AS 09.55.020 - 09.55.069; 30
(12) to issue an ex parte testing, examination, or screening order 31 33-LS0242\O
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according to the manner and procedure prescribed by AS 18.15.375. 1
* Sec. 66. AS 28.15.046(c) is amended to read: 2
(c) The department may not issue a license under this section to an applicant 3
(1) who has been convicted of any of the following offenses: 4
(A) a violation, or an attempt, solicitation, or conspiracy to 5
commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 6
11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 7
(B) a felony violation of endangering the welfare of a child in 8
the first degree under AS 11.51.100; 9
(C) felony indecent viewing or production of a picture under 10
AS 11.61.123; 11
(D) distribution of child sexual abuse material 12
[PORNOGRAPHY] under AS 11.61.125; 13
(E) possession of child sexual abuse material 14
[PORNOGRAPHY] under AS 11.61.127; 15
(F) distribution of indecent material to minors under 16
AS 11.61.128; 17
(G) felony prostitution under AS 11.66.101 or felony patron 18
of a prostitute under 11.66.104 [AS 11.66.100(e)]; 19
(H) sex trafficking in the first, second, or third degree under 20
AS 11.41.340 - 11.41.350 [AS 11.66.110 - 11.66.130]; 21
(I) a felony involving distribution of a controlled substance 22
under AS 11.71 or imitation controlled substance under AS 11.73; 23
(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 24
(K) patron of a victim of sex trafficking under 25
AS 11.41.355; 26
(L) distribution of generated obscene child sexual abuse 27
material under AS 11.61.121; 28
(M) possession of generated obscene child sexual abuse 29
material under AS 11.61.122; or 30
(2) who has been convicted of any of the following offenses and less 31 33-LS0242\O
HCS CSSB 28(JUD) -44- SB0028d
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than two years have elapsed since the applicant's date of conviction for the offense: 1
(A) assault in the fourth degree under AS 11.41.230; 2
(B) reckless endangerment under AS 11.41.250; 3
(C) contributing to the delinquency of a minor under 4
AS 11.51.130; 5
(D) misdemeanor prostitution under AS 11.66.102 or 6
misdemeanor patron of a prostitute under 11.66.106 [AS 11.66.100(a)(2)]; 7
(E) a misdemeanor violation of endangering the welfare of a 8
child in the first degree under AS 11.51.100. 9
* Sec. 67. AS 34.03.360(10) is amended to read: 10
(10) "illegal activity involving a place of prostitution" means a 11
violation of AS 11.66.101(a) [AS 11.66.120(a)(1) OR 11.66.130(a)(2)(A) OR (D)]; 12
* Sec. 68. AS 34.03.360(17) is amended to read: 13
(17) "prostitution" means an act in violation of AS 11.66.101 - 14
11.66.106 [AS 11.66.100]; 15
* Sec. 69. AS 39.25.110 is amended by adding a new paragraph to read: 16
(46) the executive director of the Council on Human and Sex 17
Trafficking established under AS 44.41.150. 18
* Sec. 70. AS 39.50.200(b) is amended by adding a new paragraph to read: 19
(65) Council on Human and Sex Trafficking (AS 44.41.150). 20
* Sec. 71. AS 43.23.005 is amended by adding a new subsection to read: 21
(i) The provisions of (d) of this section do not apply if an individual's 22
conviction was vacated during the qualifying year under AS 12.72. If an individual 23
becomes eligible under this subsection, the individual is eligible to receive a 24
permanent fund dividend only for the qualifying year in which the conviction was 25
vacated and each subsequent qualifying year for which the individual is otherwise 26
eligible under this section. 27
* Sec. 72. AS 44.23.080(a) is amended to read: 28
(a) If there is reasonable cause to believe that an Internet service account has 29
been used in connection with a violation of AS 11.41.340 - 11.41.350, 11.41.452 30
[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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[AS 11.61.125 - 11.61.128], and that the identity, address, and other information about 1
the account owner will assist in obtaining evidence that is relevant to the offense, a 2
law enforcement officer may apply to the attorney general or the attorney general's 3
designee for an administrative subpoena to obtain the business records of the Internet 4
service provider located inside or outside of the state. 5
* Sec. 73. AS 44.41 is amended by adding new sections to read: 6
Article 2. Council on Human and Sex Trafficking. 7
Sec. 44.41.150. Council on Human and Sex Trafficking. The Council on 8
Human and Sex Trafficking is created in the Department of Public Safety. The 9
purpose of the council is to provide planning and coordination of programs specific to 10
victim services, education, public awareness, data collection and dissemination, and 11
reducing demand for human and sex trafficking. 12
Sec. 44.41.155. Duties. (a) The council shall 13
(1) elect one of its members as chair; 14
(2) develop and implement a standardized data collection system on 15
human and sex trafficking, including methods for synthesizing and disseminating data 16
and establishing standardized definitions as necessary; 17
(3) receive and dispense state and federal money and award grants and 18
contracts from appropriations to qualified local community entities for the purpose of 19
human and sex trafficking intervention and prevention programs; 20
(4) oversee and audit qualified local community entities that receive 21
money from the council; 22
(5) coordinate and consult with the Department of Education and Early 23
Development, the Department of Corrections, the Department of Health, the 24
Department of Law, the Department of Labor and Workforce Development, the 25
Department of Family and Community Services, the Department of Public Safety, 26
other state agencies and qualified local community entities dealing with human and 27
sex trafficking, including the Council on Domestic Violence and Sexual Assault, and 28
survivors of human and sex trafficking to develop educational materials and resources 29
related to, and increase public awareness of, human and sex trafficking;
30
(6) provide technical assistance as requested by the state agencies and 31 33-LS0242\O
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qualified local community entities listed in (5) of this subsection; 1
(7) conduct public hearings and create opportunities for public input on 2
issues relating to human and sex trafficking in the state; 3
(8) make an annual report to the governor on the activities of the 4
council, plans of the council for new services and programs, and concerns of the 5
council, including recommendations for legislation necessary to carry out the purposes 6
of AS 44.41.150 - 44.41.175; the council shall notify the legislature that the report is 7
available; 8
(9) recruit and hire an executive director to oversee the council; the 9
executive director may hire staff; the executive director is in the exempt service under 10
AS 39.25.110 and staff members are in the classified service under AS 39.25.100. 11
(b) The council may create advisory subcommittees. 12
Sec. 44.41.160. Membership. (a) The council consists of the following 17 13
members: 14
(1) seven members appointed by the governor as follows: 15
(A) two members who are mayors or elected officials in local 16
government; 17
(B) one member who represents a victim advocacy 18
organization; 19
(C) one member who represents an Alaska Native organization; 20
in this subparagraph, "Alaska Native organization" has the meaning given in 21
AS 18.66.020(d); 22
(D) one member who represents a local law enforcement 23
agency; 24
(E) one member who represents a faith-based community 25
organization; and 26
(F) one member who represents an organization that provides 27
direct services to the homeless; 28
(2) the chief executive officer of the Alaska Mental Health Trust 29
Authority or the chief executive officer's designee; 30
(3) the commissioner of health or the commissioner's designee; 31 33-LS0242\O
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(4) the attorney general or the attorney general's designee; 1
(5) the commissioner of public safety or the commissioner's designee; 2
(6) the commissioner of corrections or the commissioner's designee; 3
(7) the commissioner of education and early development or the 4
commissioner's designee; 5
(8) the commissioner of labor and workforce development or the 6
commissioner's designee; 7
(9) the commissioner of family and community services or the 8
commissioner's designee; and 9
(10) two nonvoting members appointed as follows: 10
(A) one ex officio member from the house of representatives, 11
appointed by the speaker of the house of representatives; and 12
(B) one ex officio member from the senate, appointed by the 13
president of the senate. 14
(b) Public members of the council appointed under (a)(1) and (2) of this 15
section serve three-year terms. A public member serves at the pleasure of the governor 16
and may not serve more than two consecutive terms. Nonvoting members appointed 17
under (a)(10) of this section serve staggered three-year terms and may not serve more 18
than two full terms. A vacancy on the council shall be filled for the unexpired term by 19
appointment by the governor. 20
(c) A person who receives compensation from or is an employee of the state or 21
a human or sex trafficking crisis intervention or prevention program may not be 22
appointed as a public member of the council. 23
Sec. 44.41.165. Meetings and quorum. (a) The council shall meet at least 24
quarterly by teleconference or other electronic means at times to be determined by the 25
chair. Additional meetings by teleconference or other electronic means may be called 26
by the chair. Advisory subcommittees shall meet by teleconference or other electronic 27
means. The council may hold an annual in-person meeting. 28
(b) The council may convene in-person public meetings to present information 29
and receive public comment. 30
(c) Eight members of the council or a majority of filled positions, whichever is 31 33-LS0242\O
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less, constitutes a quorum for conducting business. 1
Sec. 44.41.170. Compensation and expenses. The members of the council 2
receive no salary but are entitled to transportation expenses and per diem in 3
accordance with AS 39.20.180. 4
Sec. 44.41.175. Definitions. In AS 44.41.150 - 44.41.175, 5
(1) "council" means the Council on Human and Sex Trafficking; 6
(2) "human and sex trafficking" means conduct in violation of 7
AS 11.41.340 - 11.41.357, 11.41.360, or 11.41.365. 8
* Sec. 74. AS 44.66.010(a) is amended by adding a new paragraph to read: 9
(15) Council on Human and Sex Trafficking (AS 44.41.150) - June 30, 10
2028. 11
* Sec. 75. AS 47.10.990(33) is amended to read: 12
(33) "sexual abuse" means the conduct described in AS 11.41.410 - 13
11.41.460, [;] conduct constituting "sexual exploitation" as defined in AS 47.17.290, 14
and conduct prohibited by AS 11.41.340 - 11.41.357 [AS 11.66.100 - 11.66.150]; 15
* Sec. 76. AS 47.12.110(d) is amended to read: 16
(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 17
the adjudication of a minor as a delinquent shall be open to the public, except as 18
prohibited or limited by order of the court, if 19
(1) the department files with the court a motion asking the court to 20
open the hearing to the public, and the petition seeking adjudication of the minor as a 21
delinquent is based on 22
(A) the minor's alleged commission of an offense, and the 23
minor has knowingly failed to comply with all the terms and conditions 24
required of the minor by the department or imposed on the minor in a court 25
order entered under AS 47.12.040(a)(2) or 47.12.120; 26
(B) the minor's alleged commission of 27
(i) a crime against a person that is punishable as a 28
felony; 29
(ii) a crime in which the minor employed a deadly 30
weapon, as that term is defined in AS 11.81.900(b), in committing the 31 33-LS0242\O
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crime; 1
(iii) arson under AS 11.46.400 - 11.46.410; 2
(iv) burglary under AS 11.46.300; 3
(v) distribution of child sexual abuse material 4
[PORNOGRAPHY] under AS 11.61.125; 5
(vi) sex trafficking [IN THE FIRST DEGREE] under 6
AS 11.41.340 or 11.41.345 [AS 11.66.110]; [OR] 7
(vii) distribution of generated obscene child sexual 8
abuse material under AS 11.61.121; or 9
(viii) misconduct involving a controlled substance 10
under AS 11.71 involving the delivery of a controlled substance or the 11
possession of a controlled substance with intent to deliver, other than 12
an offense under AS 11.71.040 or 11.71.050; or 13
(C) the minor's alleged commission of a felony and the minor 14
was 16 years of age or older at the time of commission of the offense when the 15
minor has previously been convicted or adjudicated a delinquent minor based 16
on the minor's commission of an offense that is a felony; or 17
(2) the minor agrees to a public hearing on the petition seeking 18
adjudication of the minor as a delinquent. 19
* Sec. 77. AS 47.12.315(a) is amended to read: 20
(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 21
section, the department shall disclose information to the public, on request, concerning 22
a minor subject to this chapter who was at least 13 years of age at the time of 23
commission of 24
(1) a felony offense against a person under AS 11.41; 25
(2) arson in the first or second degree; 26
(3) burglary in the first degree; 27
(4) distribution of child sexual abuse material [PORNOGRAPHY]; 28
(5) sex trafficking under AS 11.41.340 or 11.41.345 [IN THE FIRST 29
DEGREE]; 30
(6) misconduct involving a controlled substance in the first, second, or 31 33-LS0242\O
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third degrees involving distribution or possession with intent to deliver; [OR] 1
(7) misconduct involving weapons in the first through fourth degrees; 2
or 3
(8) distribution of generated obscene child sexual abuse material 4
under AS 11.61.121. 5
* Sec. 78. AS 47.17.290(18) is amended to read: 6
(18) "sexual exploitation" includes 7
(A) allowing, permitting, or encouraging a child to engage in a 8
commercial sexual act prohibited by AS 11.41.340 - 11.41.357 or 9
prostitution prohibited by AS 11.66.101 [AS 11.66.100 - 11.66.150], by a 10
person responsible for the child's welfare; 11
(B) allowing, permitting, encouraging, or engaging in activity 12
prohibited by AS 11.41.455(a), by a person responsible for the child's welfare. 13
* Sec. 79. AS 11.41.360(b), 11.41.470(7); AS 11.56.765(c)(3), 11.56.767(c)(3); 14
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
AS 12.61.125(d)(2) are repealed. 16
* Sec. 80. The uncodified law of the State of Alaska is amended by adding a new section to 17
read: 18
INDIRECT COURT RULE AMENDMENTS. (a) AS 18.65.895, added by sec. 54 of 19
this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, 20
Alaska Rules of Administration, relating to fees and service of process for a workplace 21
violence protective order. 22
(b) AS 18.65.875 - 18.65.899, added by sec. 54 of this Act, have the effect of 23
amending Rule 65, Alaska Rules of Civil Procedure, by changing the method for obtaining 24
and the timing of temporary restraining orders. 25
* Sec. 81. The uncodified law of the State of Alaska is amended by adding a new section to 26
read: 27
APPLICABILITY. (a) The following sections apply to offenses committed on or after 28
the effective date of those sections: 29
(1) AS 11.31.120(h)(2), as amended by sec. 3 of this Act; 30
(2) AS 11.41.340 - 11.41.357, enacted by sec. 4 of this Act; 31 33-LS0242\O
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(3) AS 11.41.360(a), as amended by sec. 5 of this Act; 1
(4) AS 11.41.360(c), as amended by sec. 6 of this Act; 2
(5) AS 11.41.365, as amended by sec. 7 of this Act; 3
(6) AS 11.41.366 - 11.41.369, enacted by sec. 8 of this Act; 4
(7) AS 11.41.530(a), as amended by sec. 9 of this Act; 5
(8) AS 11.61.120(a), as amended by sec. 12 of this Act; 6
(9) AS 11.61.127(a), as amended by sec. 16 of this Act; 7
(10) AS 11.61.127(b), as amended by sec. 17 of this Act; 8
(11) AS 11.61.127(f), as amended by sec. 18 of this Act; 9
(12) AS 11.61.129(a), as amended by sec. 20 of this Act; 10
(13) AS 11.66.101 - 11.66.106, enacted by sec. 21 of this Act; 11
(14) AS 11.66.145, as amended by sec. 22 of this Act; 12
(15) AS 11.66.150, as amended by sec. 23 of this Act; 13
(16) AS 11.66.150(5), enacted by sec. 24 of this Act; 14
(17) AS 11.81.250(a), as amended by sec. 25 of this Act; 15
(18) AS 11.81.250(b), as amended by sec. 26 of this Act; 16
(19) AS 11.81.900(b)(69) - (73), enacted by sec. 27 of this Act; 17
(20) AS 12.10.010, as amended by sec. 28 of this Act; 18
(21) AS 12.37.010, as amended by sec. 29 of this Act. 19
(b) The following sections apply to sentences imposed on or after the effective date of 20
those sections for conduct occurring on or after the effective date of those sections: 21
(1) AS 12.55.015(m), enacted by sec. 31 of this Act; 22
(2) AS 12.55.035(b), as amended by sec. 32 of this Act; 23
(3) AS 12.55.078(f), as amended by sec. 33 of this Act; 24
(4) AS 12.55.085(f), as amended by sec. 34 of this Act; 25
(5) AS 12.55.125(b), as amended by sec. 36 of this Act; 26
(6) AS 12.55.125(i), as amended by sec. 37 of this Act; 27
(7) AS 12.55.135(q), enacted by sec. 39 of this Act; 28
(8) AS 12.55.185(10), as amended by sec. 40 of this Act; 29
(9) AS 12.55.185(16), as amended by sec. 41 of this Act; 30
(10) AS 12.62.900(23), as amended by sec. 46 of this Act; 31 33-LS0242\O
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(11) AS 14.20.030(b), as amended by sec. 49 of this Act. 1
(c) AS 12.72.100 - 12.72.120, enacted by sec. 48 of this Act, and AS 18.85.100(c), as 2
amended by sec. 64 of this Act, apply to petitions filed on or after the effective date of sec. 48 3
of this Act for conduct occurring before, on, or after the effective date of secs. 48 and 64 of 4
this Act. 5
(d) AS 12.72.100 - 12.72.120, enacted by sec. 48 of this Act, apply to convictions 6
under former AS 11.66.100 occurring before the effective date of sec. 48 of this Act. 7
(e) The following sections apply to communications made on or after the effective 8
date of those sections relating to offenses occurring on or after the effective date of those 9
sections: 10
(1) AS 09.25.400, as amended by sec. 2 of this Act; 11
(2) AS 12.45.049, as amended by sec. 30 of this Act; 12
(3) AS 12.61.125(d)(3), enacted by sec. 43 of this Act; 13
(4) AS 12.61.140, as amended by sec. 44 of this Act; 14
(5) AS 12.61.140(c), enacted by sec. 45 of this Act; 15
(6) AS 18.66.210, as amended by sec. 55 of this Act; 16
(7) AS 18.66.250(1), as amended by sec. 56 of this Act; 17
(8) AS 18.66.250(3), as amended by sec. 57 of this Act; 18
(9) AS 18.66.250(4), as amended by sec. 58 of this Act; 19
(10) AS 18.66.250(5), as amended by sec. 59 of this Act; 20
(11) AS 18.66.250(6), as amended by sec. 60 of this Act. 21
* Sec. 82. The uncodified law of the State of Alaska is amended by adding a new section to 22
read: 23
TRANSITION: MEMBERS. AS 44.41.160(c), enacted by sec. 73 of this Act, does not 24
apply to two consecutive terms of a person appointed as an initial member of the Council on 25
Human and Sex Trafficking, established by sec. 73 of this Act, who is serving on the 26
Governor's Council on Human and Sex Trafficking, created by Administrative Order No. 328, 27
on the effective date of sec. 73 of this Act. 28
* Sec. 83. The uncodified law of the State of Alaska is amended by adding a new section to 29
read: 30
CONDITIONAL EFFECT. Sections 10, 11, 51 - 54, 65, and 80 of this Act take effect 31 33-LS0242\O
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only if sec. 80 of this Act receives the two-thirds majority vote of each house required by art. 1
IV, sec. 15, Constitution of the State of Alaska. 2
* Sec. 84. If secs. 10, 11, 51 - 54, 65, and 80 of this Act take effect under sec. 83 of this Act, 3
they take effect January 1, 2025. 4
* Sec. 85. Except as provided in sec. 84 of this Act, this Act takes effect January 1, 2025. 5