Alaska 2023-2024 Regular Session

Alaska Senate Bill SB65 Compare Versions

Only one version of the bill is available at this time.

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11	11	SENATE BILL NO. 65
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-THIRD LEGISLATURE - FIRST SESSION
16	16
17	17	BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
18	18
19	19	Introduced: 2/8/23
20	20	Referred:
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to criminal law and procedure; relating to the crime of stalking; 1
28	28	relating to consecutive sentencing for violation of conditions of release; relating to the 2
29	29	duty to register as a sex offender; amending the definition of 'sex offense'; amending the 3
30	30	definition of 'crime involving domestic violence'; relating to multidisciplinary child 4
31	31	protection teams; amending Rule 6(r), Alaska Rules of Criminal Procedure; and 5
32	32	providing for an effective date." 6
33	33	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7
34	34	* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 8
35	35	to read: 9
36	36	LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that it is not 10
37	37	now, nor has it ever been, the case that a prosecutor must know conclusively that evidence 11
38	38	admitted at grand jury will also be admitted at trial. 12
39	39	(b) The legislature further finds that evidence is generally admissible at grand jury as 13 33-GS1031\A
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43	43	long as the prosecutor believes that the evidence will be admissible at the time of trial. 1
44	44	(c) It is the intent of the legislature that Criminal Rule 6(r), as amended by sec. 12 of 2
45	45	this Act, overturns the decision of the Alaska Court of Appeals in State v. Powell, 487 P.3d 3
46	46	609 (Alaska App. 2021), to the extent the decision held that hearsay evidence admissible 4
47	47	under the hearsay exception under Alaska Rule of Evidence 801(d)(3) is inadmissible at grand 5
48	48	jury if certain foundational requirements cannot be met at the time of grand jury. 6
49	49	* Sec. 2. AS 11.41.260(a) is amended to read: 7
50	50	(a) A person commits the crime of stalking in the first degree if the person 8
51	51	violates AS 11.41.270 and 9
52	52	(1) the actions constituting the offense are in violation of an order 10
53	53	issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 11
54	54	under former AS 25.35.010(b) or 25.35.020; 12
55	55	(2) the actions constituting the offense are in violation of a condition of 13
56	56	probation, release before trial, release after conviction, or parole; 14
57	57	(3) the victim is under 16 years of age; 15
58	58	(4) at any time during the course of conduct constituting the offense, 16
59	59	the defendant possessed a deadly weapon; 17
60	60	(5) the defendant has been previously convicted of a crime under this 18
61	61	section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 19
62	62	jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 20
63	63	AS 11.56.740; or 21
64	64	(6) the defendant has been previously convicted of a crime, or an 22
65	65	attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 23
66	66	11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 24
67	67	law or an ordinance of this or another jurisdiction with elements similar to a crime, or 25
68	68	an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 26
69	69	11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 27
70	70	involving the same victim as the present offense. 28
71	71	* Sec. 3. AS 12.55.127(c) is amended to read: 29
72	72	(c) If the defendant is being sentenced for 30
73	73	(1) escape, the term of imprisonment shall be consecutive to the term 31 33-GS1031\A
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77	77	for the underlying crime; 1
78	78	(2) two or more crimes under AS 11.41, a consecutive term of 2
79	79	imprisonment shall be imposed for at least 3
80	80	(A) the mandatory minimum term under AS 12.55.125(a) for 4
81	81	each additional crime that is murder in the first degree; 5
82	82	(B) the mandatory minimum term for each additional crime 6
83	83	that is an unclassified felony governed by AS 12.55.125(b); 7
84	84	(C) the presumptive term specified in AS 12.55.125(c) or the 8
85	85	active term of imprisonment, whichever is less, for each additional crime that 9
86	86	is 10
87	87	(i) manslaughter; or 11
88	88	(ii) kidnapping that is a class A felony; 12
89	89	(D) two years or the active term of imprisonment, whichever is 13
90	90	less, for each additional crime that is criminally negligent homicide; 14
91	91	(E) one-fourth of the presumptive term under AS 12.55.125(c) 15
92	92	or (i) for each additional crime that is sexual assault in the first degree under 16
93	93	AS 11.41.410 or sexual abuse of a minor in the first degree under 17
94	94	AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 18
95	95	offenses; and 19
96	96	(F) some additional term of imprisonment for each additional 20
97	97	crime, or each additional attempt or solicitation to commit the offense, under 21
98	98	AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 22
99	99	11.41.500 - 11.41.520; 23
100	100	(3) two or more crimes of violation of condition of release under 24
101	101	AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 25
102	102	additional term of imprisonment for the underlying crime and each additional 26
103	103	crime under AS 11.56.757. 27
104	104	* Sec. 4. AS 12.63.010(b) is amended to read: 28
105	105	(b) A sex offender or child kidnapper required to register under (a) of this 29
106	106	section shall register with the Department of Corrections if the sex offender or child 30
107	107	kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 31 33-GS1031\A
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111	111	police department located nearest to where the sex offender or child kidnapper resides 1
112	112	at the time of registration. To fulfill the registration requirement, the sex offender or 2
113	113	child kidnapper shall 3
114	114	(1) complete a registration form that includes the following 4
115	115	information, if applicable: [, AT A MINIMUM,] 5
116	116	(A) the sex offender's or child kidnapper's full name, mailing 6
117	117	and physical address, school address, telephone numbers used by the sex 7
118	118	offender or child kidnapper, social security number, passport 8
119	119	information, citizenship status, physical address of employment, name of 9
120	120	employer [PLACE OF EMPLOYMENT], job title, and date of birth; 10
121	121	(B) each conviction for a sex offense or child kidnapping for 11
122	122	which the duty to register has not terminated under AS 12.63.020, the date of 12
123	123	the sex offense or child kidnapping convictions, the place and court of the sex 13
124	124	offense or child kidnapping convictions, and whether the sex offender or child 14
125	125	kidnapper has been unconditionally discharged from the conviction for a sex 15
126	126	offense or child kidnapping and the date of the unconditional discharge; if the 16
127	127	sex offender or child kidnapper asserts that the offender or kidnapper has been 17
128	128	unconditionally discharged, the offender or kidnapper shall supply proof of 18
129	129	that discharge acceptable to the department; 19
130	130	(C) all aliases used; 20
131	131	(D) the sex offender's or child kidnapper's driver's license 21
132	132	number; 22
133	133	(E) the description, license numbers, and vehicle identification 23
134	134	numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 24
135	135	recreational vehicles, the sex offender or child kidnapper has access to, 25
136	136	regardless of whether that access is regular or not; 26
137	137	(F) any identifying features of the sex offender or child 27
138	138	kidnapper; 28
139	139	(G) anticipated changes of address and any temporary 29
140	140	lodging used by the sex offender or child kidnapper; 30
141	141	(H) a statement concerning whether the offender or kidnapper 31 33-GS1031\A
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145	145	has had treatment for a mental abnormality or personality disorder since the 1
146	146	date of conviction for an offense requiring registration under this chapter; 2
147	147	[AND] 3
148	148	(I) each electronic mail address, instant messaging address, and 4
149	149	other Internet communication identifier used by the sex offender or child 5
150	150	kidnapper; and 6
151	151	(J) professional licensing information; 7
152	152	(2) allow the Alaska state troopers, Department of Corrections, [OR] 8
153	153	municipal police, or any peace officer to take a complete set of the sex offender's or 9
154	154	child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 10
155	155	kidnapper's photograph. 11
156	156	* Sec. 5. AS 12.63.010(d) is amended to read: 12
157	157	(d) A sex offender or child kidnapper required to register 13
158	158	(1) for 15 years under (a) of this section and AS 12.63.020 shall, 14
159	159	annually, during the term of a duty to register under AS 12.63.020, on a date set by the 15
160	160	department at the time of the sex offender's or child kidnapper's initial registration, 16
161	161	provide written verification to the department, in the manner required by the 17
162	162	department, of the information provided under (b)(1) of this section [SEX 18
163	163	OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 19
164	164	the information previously provided under (b)(1) of this section; 20
165	165	(2) for life under (a) of this section and AS 12.63.020 shall, not less 21
166	166	than quarterly, on a date set by the department, provide written verification to the 22
167	167	department, in the manner required by the department, of the information provided 23
168	168	under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 24
169	169	ADDRESS] and notice of any changes to the information previously provided under 25
170	170	(b)(1) of this section. 26
171	171	* Sec. 6. AS 12.63.010 is amended by adding new subsections to read: 27
172	172	(g) If a sex offender or child kidnapper plans to leave the state after having 28
173	173	registered under (a) of this section, the sex offender or child kidnapper shall appear in 29
174	174	person and provide written notice to the department or a municipal police department 30
175	175	in the state of the plan to leave the state at least seven calendar days before leaving the 31 33-GS1031\A
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179	179	state. If a sex offender or child kidnapper plans to leave the state for international 1
180	180	travel after having registered under (a) of this section, the sex offender or child 2
181	181	kidnapper shall appear in person and provide written notice to the department or a 3
182	182	municipal police department in the state of the plan for any intended travel outside the 4
183	183	United States at least 21 days before leaving the state for international travel. 5
184	184	(h) If a sex offender or child kidnapper is away from the address provided to 6
185	185	the department under (b)(1)(A) of this section for seven days or more, the sex offender 7
186	186	or child kidnapper shall notify the department in writing of the address being used by 8
187	187	the sex offender or child kidnapper while away from the residence provided under 9
188	188	(b)(1)(A) of this section. 10
189	189	* Sec. 7. AS 12.63.020(a) is amended to read: 11
190	190	(a) The duty of a sex offender or child kidnapper to comply with the 12
191	191	requirements of AS 12.63.010 is as follows: 13
192	192	(1) for a sex offender or child kidnapper, as that term is defined in 14
193	193	AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 15
194	194	(A) continues for the lifetime of a sex offender or child 16
195	195	kidnapper convicted of 17
196	196	(i) one aggravated sex offense; or 18
197	197	(ii) two or more sex offenses, two or more child 19
198	198	kidnappings, or one sex offense and one child kidnapping; for purposes 20
199	199	of this section, a person convicted of indecent exposure before a person 21
200	200	under 16 years of age under AS 11.41.460 more than two times has 22
201	201	been convicted of two or more sex offenses; 23
202	202	(B) ends 15 years following the sex offender's or child 24
203	203	kidnapper's unconditional discharge from a conviction for a single sex offense 25
204	204	that is not an aggravated sex offense or for a single child kidnapping if the sex 26
205	205	offender or child kidnapper has supplied proof that is acceptable to the 27
206	206	department of the unconditional discharge; the registration period under this 28
207	207	subparagraph 29
208	208	(i) is tolled for the period [EACH YEAR] that a sex 30
209	209	offender or child kidnapper fails to comply with the requirements of 31 33-GS1031\A
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213	213	this chapter or is incarcerated for the offense or kidnapping for which 1
214	214	the offender or kidnapper is required to register or for any other 2
215	215	offense; 3
216	216	(ii) may include the time a sex offender or child 4
217	217	kidnapper was absent from this state if the sex offender or child 5
218	218	kidnapper has complied with any sex offender or child kidnapper 6
219	219	registration requirements of the jurisdiction in which the offender or 7
220	220	kidnapper was located and if the sex offender or child kidnapper 8
221	221	provides the department with proof of the compliance while the sex 9
222	222	offender or child kidnapper was absent from this state; and 10
223	223	(iii) continues for a sex offender or child kidnapper who 11
224	224	has not supplied proof acceptable to the department of the offender's or 12
225	225	kidnapper's unconditional discharge for the sex offense or child 13
226	226	kidnapping requiring registration; 14
227	227	(2) for a sex offender or child kidnapper, as that term is defined in 15
228	228	AS 12.63.100(6)(B), the duty continues for the period determined by the department 16
229	229	under (b) of this section. 17
230	230	* Sec. 8. AS 12.63.100(7) is amended to read: 18
231	231	(7) "sex offense" means 19
232	232	(A) a crime under AS 11.41.100(a)(3), or a similar law of 20
233	233	another jurisdiction, in which the person committed or attempted to commit a 21
234	234	sexual offense, or a similar offense under the laws of the other jurisdiction; in 22
235	235	this subparagraph, "sexual offense" has the meaning given in 23
236	236	AS 11.41.100(a)(3); 24
237	237	(B) a crime under AS 11.41.110(a)(3), or a similar law of 25
238	238	another jurisdiction, in which the person committed or attempted to commit 26
239	239	one of the following crimes, or a similar law of another jurisdiction: 27
240	240	(i) sexual assault in the first degree; 28
241	241	(ii) sexual assault in the second degree; 29
242	242	(iii) sexual abuse of a minor in the first degree; or 30
243	243	(iv) sexual abuse of a minor in the second degree; 31 33-GS1031\A
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247	247	(C) a crime, or an attempt, solicitation, or conspiracy to commit 1
248	248	a crime, under the following statutes or a similar law of another jurisdiction: 2
249	249	(i) AS 11.41.410 - 11.41.438; 3
250	250	(ii) AS 11.41.440(a)(2); 4
251	251	(iii) AS 11.41.450 - 11.41.458; 5
252	252	(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 6
253	253	exposure is before a person under 16 years of age and the offender has 7
254	254	previously been convicted under AS 11.41.460 or AS 26.05.900(c); 8
255	255	(v) AS 11.61.125 - 11.61.128; 9
256	256	(vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 10
257	257	AS 26.05.900(b) if the person who was induced or caused to engage in 11
258	258	prostitution was under 20 years of age at the time of the offense; 12
259	259	(vii) former AS 11.15.120, former 11.15.134, or assault 13
260	260	with the intent to commit rape under former AS 11.15.160, former 14
261	261	AS 11.40.110, or former 11.40.200; 15
262	262	(viii) AS 11.61.118(a)(2) if the offender has a previous 16
263	263	conviction for that offense; 17
264	264	(ix) AS 11.66.100(a)(2) if the offender is subject to 18
265	265	punishment under AS 11.66.100(e); 19
266	266	(x) AS 26.05.890 if the person engaged in sexual 20
267	267	penetration or sexual contact with the victim; 21
268	268	(xi) AS 26.05.890 if, at the time of the offense, the 22
269	269	victim is under a duty to obey the lawful orders of the offender, 23
270	270	regardless of whether the offender is in the direct chain of command 24
271	271	over the victim; 25
272	272	(xii) AS 26.05.893 if the person engaged in sexual 26
273	273	penetration or sexual contact with the victim; 27
274	274	(xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 28
275	275	victim is under 18 years of age at the time of the offense; 29
276	276	(xiv) AS 26.05.900 if, at the time of the offense, the 30
277	277	victim is under a duty to obey the lawful orders of the offender, 31 33-GS1031\A
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281	281	regardless of whether the offender is in the direct chain of command 1
282	282	over the victim; [OR] 2
283	283	(xv) AS 11.61.123 if the offender is subject to 3
284	284	punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 4
285	285	(2)]; 5
286	286	(xvi) AS 11.61.130(a)(2); or 6
287	287	(xvii) AS 11.66.110 and 11.66.120; 7
288	288	(D) an offense, or an attempt, solicitation, or conspiracy to 8
289	289	commit an offense, under AS 26.05.935(b), or a similar law of another 9
290	290	jurisdiction, if the member of the militia commits one of the following 10
291	291	enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 11
292	292	Code of Military Justice): 12
293	293	(i) child pornography; or 13
294	294	(ii) pandering and prostitution if the person who is 14
295	295	induced, enticed, caused, or procured to engage in a sexual act is under 15
296	296	20 years of age at the time of the offense; or 16
297	297	(E) an offense in which the person is required to register as a 17
298	298	sex offender under the laws of another jurisdiction; 18
299	299	* Sec. 9. AS 18.66.990(3) is amended to read: 19
300	300	(3) "domestic violence" and "crime involving domestic violence" mean 20
301	301	one or more of the following offenses or an offense under a law or ordinance of 21
302	302	another jurisdiction having elements similar to these offenses, or an attempt to commit 22
303	303	the offense, by a household member against another household member: 23
304	304	(A) a crime against the person under AS 11.41; 24
305	305	(B) burglary under AS 11.46.300 - 11.46.310; 25
306	306	(C) criminal trespass under AS 11.46.320 - 11.46.330; 26
307	307	(D) arson or criminally negligent burning under AS 11.46.400 - 27
308	308	11.46.430; 28
309	309	(E) criminal mischief under AS 11.46.475 - 11.46.486; 29
310	310	(F) terrorist threatening under AS 11.56.807 or 11.56.810; 30
311	311	(G) violating a protective order under AS 11.56.740(a)(1); 31 33-GS1031\A
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315	315	(H) harassment under AS 11.61.120(a)(2) - (4) or (6); [OR] 1
316	316	(I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 2
317	317	a pet; 3
318	318	(J) interfering with a report of a crime involving domestic 4
319	319	violence under AS 11.56.745 if the person interfering with the report is the 5
320	320	person who committed the underlying crime involving domestic violence; 6
321	321	or 7
322	322	(K) unlawful contact under AS 11.56.750 or 11.56.755; 8
323	323	* Sec. 10. AS 47.14.300(a) is amended to read: 9
324	324	(a) The department, a state or municipal agency with expertise in child abuse 10
325	325	or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 11
326	326	as an Indian tribe under 25 U.S.C. 479a (Federally Recognized Indian Tribe List Act 12
327	327	of 1994) with expertise in child abuse or neglect, in partnership with the department, 13
328	328	may facilitate the initial establishment of a multidisciplinary child protection team. 14
329	329	The purpose of a team is to assist in the evaluation and investigation of reports of child 15
330	330	abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 16
331	331	department or a law enforcement agency; to assist in the evaluation and 17
332	332	investigation of reports of sexual contact or sexual penetration, as defined in 18
333	333	AS 11.81.900, occurring between children under 13 years of age; and to provide 19
334	334	consultation and coordination for agencies involved in child-in-need-of-aid cases 20
335	335	under AS 47.10. The multidisciplinary child protection teams shall 21
336	336	(1) ensure that investigations involving child abuse or neglect are 22
337	337	coordinated and conducted by trained investigators; 23
338	338	(2) take and recommend steps to avoid duplicative interviews of 24
339	339	children; 25
340	340	(3) assist in the reduction of trauma to a child and family involved in 26
341	341	an investigation of child abuse or neglect; and 27
342	342	(4) review records, provide consultation, and make recommendations 28
343	343	to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 29
344	344	the team by a team member. 30
345	345	* Sec. 11. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 31 33-GS1031\A
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349	349	2019, is amended to read: 1
350	350	(c) The following sections apply to the duty to register as a sex offender for 2
351	351	offenses committed before, on, or after the effective date of those sections: 3
352	352	(1) AS 12.63.010(d), as amended by sec. 82 of this Act; 4
353	353	(2) AS 12.63.020, as amended by sec. 83 of this Act; 5
354	354	(3) AS 12.63.100(6), as amended by sec. 84 of this Act; 6
355	355	(4) AS 12.63.100(7), as amended by sec. 85 of this Act. 7
356	356	* Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 8
357	357	read: 9
358	358	DIRECT COURT RULE AMENDMENT. Rule 6(r), Alaska Rules of Criminal 10
359	359	Procedure, is amended to read: 11
360	360	(r) Admissibility of Evidence. 12
361	361	(1) Evidence which the prosecutor believes would be legally 13
362	362	admissible at trial shall be admissible before the grand jury. Witnesses [IN 14
363	363	APPROPRIATE CASES, HOWEVER, WITNESSES] may be presented to 15
364	364	summarize admissible evidence if the admissible evidence will be available at trial. 16
365	365	[EXCEPT AS STATED IN SUBPARAGRAPHS (2), (3), AND (6), HEARSAY 17
366	366	EVIDENCE SHALL NOT BE PRESENTED TO THE GRAND JURY ABSENT 18
367	367	COMPELLING JUSTIFICATION FOR ITS INTRODUCTION. IF HEARSAY 19
368	368	EVIDENCE IS PRESENTED TO THE GR AND JURY, THE REASONS FOR ITS 20
369	369	USE SHALL BE STATED ON THE RECORD.] 21
370	370	(2) [IN A PROSECUTION FOR AN OFFENSE UNDER 22
371	371	AS 11.41.410 - 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED 23
372	372	TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD 24
373	373	WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 25
374	374	EVIDENCE BEFORE THE GRAND JURY IF 26
375	375	(i) THE CIRCUMSTANCES OF THE STATEMENT 27
376	376	INDICATE ITS RELIABILITY; 28
377	377	(ii) THE CHILD IS UNDER 10 YEARS OF AGE 29
378	378	WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 30
379	379	ADMITTED; 31 33-GS1031\A
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383	383	(iii) ADDITIONAL EVIDENCE IS INTRODUCED 1
384	384	TO CORROBORATE THE STATEMENT; AND 2
385	385	(iv) THE CHILD TESTIFIES AT THE GRAND JURY 3
386	386	PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 4
387	387	TESTIFY AT TRIAL. 5
388	388	(3) HEARSAY EVIDENCE RELATED TO THE OFFENSE, NOT 6
389	389	OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE 7
390	390	THE GRAND JURY IF 8
391	391	(i) THE INDIVIDUAL PRESENTING THE 9
392	392	HEARSAY EVIDENCE IS A PEACE OFFICER INVOLVED IN THE 10
393	393	INVESTIGATION; AND 11
394	394	(ii) THE HEARSAY EVIDENCE CONSISTS OF THE 12
395	395	STATEMENT AND OBSERVATIONS MADE BY ANOTHER 13
396	396	PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 14
397	397	AND 15
398	398	(iii) ADDITIONAL EVIDENCE IS INTRODUCED 16
399	399	TO CORROBORATE THE STATEMENT. 17
400	400	(4)] If the testimony presented by a peace officer [UNDER 18
401	401	PARAGRAPH (3) OF THIS SECTION] is inaccurate because of intentional, grossly 19
402	402	negligent, or negligent misstatements or omissions, then the court shall dismiss an 20
403	403	indictment resulting from the testimony if the defendant shows that the inaccuracy 21
404	404	prejudices substantial rights of the defendant. 22
405	405	(3) [(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 23
406	406	WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 24
407	407	CONDUCT IS INTENDED AS AN ASSERTION. 25
408	408	(6)] When a prior conviction is an element of an offense, hearsay 26
409	409	evidence received through the Alaska Public Safety Information Network or from 27
410	410	other government agencies of prior convictions may be presented to the grand jury. 28
411	411	* Sec. 13. AS 12.40.110 is repealed. 29
412	412	* Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 30
413	413	read: 31 33-GS1031\A
414	414	SB0065A -13- SB 65
415	415	New Text Underlined [DELETED TEXT BRACKETED]
416	416
417	417	APPLICABILITY. (a) AS 11.41.260(a), as amended by sec. 2 of this Act, 1
418	418	AS 12.55.127(c), as amended by sec. 3 of this Act, and AS 18.66.990(3), as amended by sec. 2
419	419	9 of this Act, apply to offenses committed on or after the effective date of this Act. 3
420	420	(b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 4
421	421	amended by sec. 4 of this Act, AS 12.63.010(d), as amended by sec. 5 of this Act, and 5
422	422	AS 12.63.010(g) and (h), enacted by sec. 6 of this Act, applies to the duty to register as a sex 6
423	423	offender or child kidnapper for offenses committed before, on, or after the effective date of 7
424	424	this Act. 8
425	425	(c) AS 12.63.020(a), as amended by sec. 7 of this Act, applies to the tolling of the 9
426	426	duty to register as a sex offender or child kidnapper on or after the effective date of this Act 10
427	427	for determinations of noncompliance made by the Department of Public Safety on or after the 11
428	428	effective date of this Act. 12
429	429	(d) Nothing in AS 12.63.020(a), as amended by sec. 7 of this Act, may be construed 13
430	430	as invalidating a decision of the Department of Public Safety to toll the period of registration 14
431	431	or continue the period of registration under AS 12.63 before the effective date of this Act. 15
432	432	(e) AS 12.63.100(7), as amended by sec. 8 of this Act, applies to the duty to register 16
433	433	as a sex offender for offenses committed on or after the effective date of this Act. 17
434	434	(f) Rule 6(r), Alaska Rules of Criminal Procedure, as amended by sec. 12 of this Act, 18
435	435	applies to indictments occurring on or after the effective date of this Act for offenses 19
436	436	committed before, on, or after the effective date of this Act. 20
437	437	* Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 21
438	438	read: 22
439	439	CONDITIONAL EFFECT. Rule 6(r), Alaska Rules of Criminal Procedure, as 23
440	440	amended by sec. 12 of this Act, takes effect only if sec. 12 of this Act receives the two-thirds 24
441	441	majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 25
442	442	* Sec. 16. This Act takes effect July 1, 2023. 26