Read the full stored bill text
Enrolled HB 239
LAWS OF ALASKA
2026
Source Chapter No.
SCS CSHB 239(FIN) _______
AN ACT
Relating to crime and criminal procedure; relating to civil claims by victims of sexual abuse
of a minor; relating to homicide; relating to assault; relating to sexual assault; relating to
stalking; relating to sexual abuse of a minor; relating to enticement and unlawful exploitation
of a minor; relating to cruelty to animals; relating to endangering the welfare of a child;
relating to indecent exposure; relating to theft; relating to generated obscene child sexual
abuse material; relating to sending an explicit image of a minor; relating to solicitation or
production of an indecent picture of a minor; relating to distribution of indecent material to
minors; relating to prostitution; relating to the Controlled Substances Advisory Committee;
relating to the testimony of children in criminal proceedings; relating to sentencing; relating to
sexual assault examination kits; restricting the release of certain records of convictions;
relating to teaching certificates; relating to the definition of "victim counseling center " for
disclosure of certain communications concerning sexual assault or domestic violence; relating
to motor vehicle offenses; relating to the board of parole; relating to parole; relating to
medical release for service of sentence by electronic monitoring; relating to licensing of
school bus drivers; creating and relating to the address confidentiality program; and providing
for an effective date.
_______________
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1
-1- Enrolled HB 239
AN ACT
Relating to crime and criminal procedure; relating to civil claims by victims of sexual abuse 1
of a minor; relating to homicide; relating to assault; relating to sexual assault; relating to 2
stalking; relating to sexual abuse of a minor; relating to enticement and unlawful exploitation 3
of a minor; relating to cruelty to animals; relating to endangering the welfare of a child; 4
relating to indecent exposure; relating to theft; relating to generated obscene child sexual 5
abuse material; relating to sending an explicit image of a minor; relating to solicitation or 6
production of an indecent picture of a minor; relating to distribution of indecent material to 7
minors; relating to prostitution; relating to the Controlled Substances Advisory Committee; 8
relating to the testimony of children in criminal proceedings; relating to sentencing; relating to 9
sexual assault examination kits; restricting the release of certain records of convictions; 10
relating to teaching certificates; relating to the definition of "victim counseling center " for 11
disclosure of certain communications concerning sexual assault or domestic violence; relating 12
Enrolled HB 239 -2-
to motor vehicle offenses; relating to the board of parole; relating to parole; relating to 1
medical release for service of sentence by electronic monitoring; relating to licensing of 2
school bus drivers; creating and relating to the address confidentiality program; and providing 3
for an effective date. 4
_______________ 5
* Section 1. AS 09.55.650(a) is amended to read: 6
(a) A person who, as a minor under 18 [16] years of age, was the victim of 7
sexual abuse may maintain an action for recovery of damages against the perpetrator 8
of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an 9
injury or condition suffered as a result of the sexual abuse. 10
* Sec. 2. AS 11.41.100(a) is amended to read: 11
(a) A person commits the crime of murder in the first degree if 12
(1) with intent to cause the death of another person, the person 13
(A) causes the death of any person; or 14
(B) compels or induces any person to commit suicide through 15
duress or deception; 16
(2) the person knowingly engages in conduct directed toward a child 17
under the age of 18 [16] and the person with criminal negligence inflicts serious 18
physical injury on the child by at least two separate acts, and one of the acts results in 19
the death of the child; 20
(3) acting alone or with one or more persons, the person commits or 21
attempts to commit a sexual offense against or kidnapping of a child under 18 [16] 22
years of age and, in the course of or in furtherance of the offense or in immediate 23
flight from that offense, any person causes the death of the child; in this paragraph, 24
"sexual offense" means an offense defined in AS 11.41.410 - 11.41.470; 25
(4) acting alone or with one or more persons, the person commits or 26
attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in 27
the course of or in furtherance of the offense or in immediate flight from that offense, 28
any person causes the death of a person other than one of the participants; or 29
-3- Enrolled HB 239
(5) acting alone or with one or more persons, the person commits 1
terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in 2
furtherance of the offense or in immediate flight from that offense, any person causes 3
the death of a person other than one of the participants. 4
* Sec. 3. AS 11.41.110(a) is amended to read: 5
(a) A person commits the crime of murder in the second degree if 6
(1) with intent to cause serious physical injury to another person or 7
knowing that the conduct is substantially certain to cause death or serious physical 8
injury to another person, the person causes the death of any person; 9
(2) the person knowingly engages in conduct that results in the death 10
of another person under circumstances manifesting an extreme indifference to the 11
value of human life; 12
(3) under circumstances not amounting to murder in the first degree 13
under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 14
person commits or attempts to commit arson in the first degree, kidnapping, sexual 15
assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 16
in the first degree, sexual abuse of a minor in the second degree, burglary in the first 17
degree, escape in the first or second degree, robbery in any degree, or misconduct 18
involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 19
or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 20
in immediate flight from that crime, any person causes the death of a person other than 21
one of the participants; 22
(4) acting with a criminal street gang, the person commits or attempts 23
to commit a crime that is a felony and, in the course of or in furtherance of that crime 24
or in immediate flight from that crime, any person causes the death of a person other 25
than one of the participants; 26
(5) the person with criminal negligence causes the death of a child 27
under the age of 18 [16], and the person has been previously convicted of a crime 28
involving a child under the age of 18 [16] that was 29
(A) a felony violation of AS 11.41; 30
(B) in violation of a law or ordinance in another jurisdiction 31
Enrolled HB 239 -4-
with elements similar to a felony under AS 11.41; or 1
(C) an attempt, a solicitation, or a conspiracy to commit a 2
crime listed in (A) or (B) of this paragraph; or 3
(6) the person knowingly manufactures or delivers a controlled 4
substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 5
direct result of ingestion of the controlled substance; the death is a result that does not 6
require a culpable mental state. 7
* Sec. 4. AS 11.41.220(a) is amended to read: 8
(a) A person commits the crime of assault in the third degree if that person 9
(1) recklessly 10
(A) places another person in fear of imminent serious physical 11
injury by means of a dangerous instrument; 12
(B) causes physical injury to another person by means of a 13
dangerous instrument; or 14
(C) while being 18 years of age or older, 15
(i) causes physical injury to a child under 12 years of 16
age and the injury would cause a reasonable caregiver to seek medical 17
attention from a health care professional in the form of diagnosis or 18
treatment; 19
(ii) causes physical injury to a child under 12 years of 20
age on more than one occasion; 21
(2) with intent to place another person in fear of death or serious 22
physical injury to the person or the person's family member, makes repeated threats to 23
cause death or serious physical injury to another person; 24
(3) while being 18 years of age or older, knowingly causes physical 25
injury to a child who is under 18 [16] years of age but at least 12 years of age and at 26
least two years younger than the offender and the injury reasonably requires 27
medical treatment; 28
(4) with criminal negligence, causes serious physical injury under 29
AS 11.81.900(b)(60)(B) to another person by means of a dangerous instrument; or 30
(5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) 31
-5- Enrolled HB 239
and, within the preceding 10 years, the person was convicted on two or more separate 1
occasions of crimes under 2
(A) AS 11.41.100 - 11.41.170; 3
(B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 4
11.41.280, or 11.41.282; 5
(C) AS 11.41.260 or 11.41.270; 6
(D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 7
(E) a law or ordinance of this or another jurisdiction with 8
elements similar to those of an offense described in (A) - (D) of this paragraph. 9
* Sec. 5. AS 11.41.220(b) is amended to read: 10
(b) In a prosecution under (a)(3) of this section, it is an affirmative defense 11
that, at the time of the alleged offense, the defendant reasonably believed the victim to 12
be 18 [16] years of age or older, unless the victim was under 13 years of age at the 13
time of the alleged offense. 14
* Sec. 6. AS 11.41.260(a) is amended to read: 15
(a) A person commits the crime of stalking in the first degree if the person 16
violates AS 11.41.270 and 17
(1) the actions constituting the offense are in violation of an order 18
issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 19
under former AS 25.35.010(b) or 25.35.020; 20
(2) the actions constituting the offense are in violation of a condition of 21
probation, release before trial, release after conviction, or parole; 22
(3) the victim is under 18 [16] years of age; 23
(4) at any time during the course of conduct constituting the offense, 24
the defendant possessed a deadly weapon; 25
(5) the defendant has been previously convicted of a crime under this 26
section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 27
jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 28
AS 11.56.740; or 29
(6) the defendant has been previously convicted of a crime, or an 30
attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 31
Enrolled HB 239 -6-
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 1
law or an ordinance of this or another jurisdiction with elements similar to a crime, or 2
an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 3
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 4
involving the same victim as the present offense. 5
* Sec. 7. AS 11.41.410(a) is amended to read: 6
(a) An offender commits the crime of sexual assault in the first degree if 7
(1) the offender engages in sexual penetration with another person 8
(A) without consent of that person by 9
(i) the use of force or the express or implied threat of 10
force against any person or property; or 11
(ii) causing the person to become incapacitated; 12
(B) by impersonating someone known to the person for the 13
purpose of obtaining consent; 14
(2) the offender attempts to engage in sexual penetration with another 15
person without consent of that person and causes serious physical injury to that 16
person; 17
(3) the offender engages in sexual penetration with another person 18
(A) who the offender knows is mentally incapable; and 19
(B) who is in the offender's care 20
(i) by authority of law; or 21
(ii) in a facility or program that is required by law to be 22
licensed by the state; or 23
(4) the offender is a health care worker who engages in sexual 24
penetration with a person during the course of professional treatment of the person 25
[WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 26
BEING COMMITTED AND 27
(A) THE OFFENDER IS A HEALTH CARE WORKER; 28
AND 29
(B) THE OFFENSE TAKES PLACE DURING THE COURSE 30
OF PROFESSIONAL TREATMENT OF THE VICTIM]. 31
-7- Enrolled HB 239
* Sec. 8. AS 11.41.420(a) is amended to read: 1
(a) An offender commits the crime of sexual assault in the second degree if 2
(1) the offender engages in sexual contact with another person 3
(A) without consent of that person by 4
(i) the use of force or the express or implied threat of 5
force against any person or property; or 6
(ii) causing the person to become incapacitated; 7
(B) by impersonating someone known to the person for the 8
purpose of obtaining consent; 9
(2) the offender engages in sexual contact with a person 10
(A) who the offender knows is mentally incapable; and 11
(B) who is in the offender's care 12
(i) by authority of law; or 13
(ii) in a facility or program that is required by law to be 14
licensed by the state; 15
(3) the offender engages in sexual penetration with a person who is 16
(A) mentally incapable; 17
(B) incapacitated; or 18
(C) unaware that a sexual act is being committed; 19
(4) the offender is a health care worker who engages in sexual 20
contact with a person during the course of professional treatment of the person 21
[WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 22
BEING COMMITTED AND 23
(A) THE OFFENDER IS A HEALTH CARE WORKER; 24
AND 25
(B) THE OFFENSE TAKES PLACE DURING THE COURSE 26
OF PROFESSIONAL TREATMENT OF THE VICTIM]; or 27
(5) under circumstances not proscribed under AS 11.41.410, the 28
offender engages in sexual penetration with another person without consent of that 29
person. 30
* Sec. 9. AS 11.41.434(a) is amended to read: 31
Enrolled HB 239 -8-
(a) An offender commits the crime of sexual abuse of a minor in the first 1
degree if 2
(1) being 16 years of age or older, the offender engages in sexual 3
penetration with a person who is under 13 years of age or aids, induces, causes, or 4
encourages a person who is under 13 years of age to engage in sexual penetration with 5
another person; 6
(2) being 18 years of age or older, the offender engages in sexual 7
penetration with a person who is under 18 years of age, and the offender is the victim's 8
natural parent, stepparent, adopted parent, or legal guardian; or 9
(3) being 18 years of age or older, the offender engages in sexual 10
penetration with a person who is under 18 [16] years of age and at least two years 11
younger than the offender, and 12
(A) the victim at the time of the offense is residing in the same 13
household as the offender and the offender has authority over the victim; or 14
(B) the offender occupies a position of authority in relation to 15
the victim. 16
* Sec. 10. AS 11.41.436(a) is amended to read: 17
(a) An offender commits the crime of sexual abuse of a minor in the second 18
degree if, 19
(1) being 17 years of age or older, the offender 20
(A) engages in sexual penetration with a person who is 21
(i) 13, 14, or 15 years of age and at least four years 22
younger than the offender; or 23
(ii) 16 or 17 years of age and at least six years 24
younger than the offender; [,] or 25
(B) aids, induces, causes, or encourages a person who is 13, 14, 26
or 15 years of age and at least four years younger than the offender to engage 27
in sexual penetration with another person; 28
(2) being 16 years of age or older, the offender engages in sexual 29
contact with a person who is under 13 years of age or aids, induces, causes, or 30
encourages a person under 13 years of age to engage in sexual contact with another 31
-9- Enrolled HB 239
person; 1
(3) being 18 years of age or older, the offender engages in sexual 2
contact with a person who is under 18 years of age, and the offender is the victim's 3
natural parent, stepparent, adopted parent, or legal guardian; 4
(4) being 16 years of age or older, the offender aids, induces, causes, 5
or encourages a person who is under 16 years of age to engage in conduct described in 6
AS 11.41.455(a)(2) - (6) or (8); 7
(5) being 18 years of age or older, the offender engages in sexual 8
contact with a person who is under 18 [16] years of age and at least two years 9
younger than the offender, and 10
(A) the victim at the time of the offense is residing in the same 11
household as the offender and the offender has authority over the victim; or 12
(B) the offender occupies a position of authority in relation to 13
the victim; 14
(6) being 18 years of age or older, the offender engages in sexual 15
penetration with a person who is 16 or 17 years of age and at least three years younger 16
than the offender, and the offender occupies a position of authority in relation to the 17
victim; or 18
(7) being under 16 years of age, the offender engages in sexual 19
penetration with a person who is under 13 years of age and at least three years younger 20
than the offender. 21
* Sec. 11. AS 11.41.438(a) is amended to read: 22
(a) An offender commits the crime of sexual abuse of a minor in the third 23
degree if being 17 years of age or older, the offender engages in sexual contact with a 24
person who is 25
(1) 13, 14, or 15 years of age and at least four years younger than the 26
offender; or 27
(2) 16 or 17 years of age and at least six years younger than the 28
offender. 29
* Sec. 12. AS 11.41.452(a) is amended to read: 30
(a) An offender [A PERSON] commits the crime of enticement of a minor if 31
Enrolled HB 239 -10-
the offender [PERSON], being 18 years of age or older, knowingly communicates 1
with another person to entice, solicit, or encourage the person to engage in an act 2
described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] and 3
(1) the other person is 4
(A) 16 or 17 years of age and at least six years younger than 5
the offender; or 6
(B) [A CHILD] under 16 years of age; or 7
(2) the offender [PERSON] believes that the other person is 8
(A) 16 or 17 years of age and at least six years younger than 9
the offender; or 10
(B) [A CHILD] under 16 years of age. 11
* Sec. 13. AS 11.41.452(b) is amended to read: 12
(b) In a prosecution under (a)(2) of this section, it is not a defense that the 13
person enticed, solicited, or encouraged was not actually 14
(1) 16 or 17 years of age and at least six years younger than the 15
offender; or 16
(2) [A CHILD] under 16 years of age. 17
* Sec. 14. AS 11.41.452(c) is amended to read: 18
(c) In a prosecution under this section, it is not necessary for the prosecution 19
to show that the act described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] 20
was actually committed. 21
* Sec. 15. AS 11.41.452(e) is amended to read: 22
(e) Enticement of a minor is a class A felony if the offender [DEFENDANT] 23
was, at the time of the offense, required to register as a sex offender or child kidnapper 24
under AS 12.63 or a similar law of another jurisdiction. 25
* Sec. 16. AS 11.41.455(a) is amended to read: 26
(a) A person commits the crime of unlawful exploitation of a minor if, in the 27
state and with the intent of producing a live performance, film, audio, video, 28
electronic, or electromagnetic recording, photograph, negative, slide, book, 29
newspaper, magazine, or other material that visually or aurally depicts the conduct 30
listed in (1) - (8) [(1) - (7)] of this subsection, the person knowingly induces or 31
-11- Enrolled HB 239
employs a child under 18 years of age to engage in, or photographs, films, records, or 1
televises a child under 18 years of age engaged in, the following actual or simulated 2
conduct: 3
(1) sexual penetration; 4
(2) the lewd touching of another person's genitals, anus, or breast; 5
(3) the lewd touching by another person of the child's genitals, anus, or 6
breast; 7
(4) masturbation; 8
(5) bestiality; 9
(6) the lewd exhibition of the child's genitals; [OR] 10
(7) sexual masochism or sadism; or 11
(8) contact with semen. 12
* Sec. 17. AS 11.41.458(b) is amended to read: 13
(b) Indecent exposure in the first degree 14
(1) is a class C felony; or 15
(2) is a class B felony if the offense occurs within the observation of a 16
person under 18 [16] years of age. 17
* Sec. 18. AS 11.41.460(b) is amended to read: 18
(b) Indecent exposure in the second degree before a person under 18 [16] 19
years of age is a class A misdemeanor. Indecent exposure in the second degree before 20
a person 18 [16] years of age or older is a class B misdemeanor. 21
* Sec. 19. AS 11.46.140(a) is amended to read: 22
(a) A person commits the crime of theft in the third degree if the person 23
commits theft as defined in AS 11.46.100 and 24
(1) the value of the property or services is $250 or more but less than 25
$750; [OR] 26
(2) [REPEALED] 27
(3) [REPEALED] 28
(4) the value of the property is less than $250 and, within the preceding 29
five years, the person has been convicted and sentenced on three or more separate 30
occasions in this or another jurisdiction of theft or concealment of merchandise, or an 31
Enrolled HB 239 -12-
offense under another law or ordinance with similar elements; or 1
(5) the property is mail. 2
* Sec. 20. AS 11.46.140 is amended by adding a new subsection to read: 3
(c) In this section, 4
(1) "authorized depository" means a mailbox, letter box, post office 5
box, or rural box used by postal customers for the deposit of outgoing mail or used by 6
the United States Postal Service or a private mail delivery company for the delivery of 7
incoming mail; 8
(2) "mail" means a letter, a card, a parcel, or material that 9
(A) is sent or delivered by means of the United States Postal 10
Service or a private mail delivery company; 11
(B) has postage affixed to it by the postal customer, the United 12
States Postal Service, or a private mail delivery company or has been accepted 13
for delivery by the United States Postal Service or a private mail delivery 14
company; and 15
(C) is placed in an authorized depository or mail receptacle or 16
given to an employee of the United States Postal Service or a private mail 17
delivery company for delivery; 18
(3) "mail receptacle" means a location used by the United States Postal 19
Service, a private mail delivery company, or a postal customer for the placement of 20
outgoing mail or the receipt of incoming mail; 21
(4) "postage" means a United States Postal Service stamp, permit 22
imprint, meter strip, or other authorized indication of prepayment for services 23
provided or authorized by the United States Postal Service or a private mail delivery 24
company for the collection and delivery of mail. 25
* Sec. 21. AS 11.51.100(a) is amended to read: 26
(a) A person commits the crime of endangering the welfare of a child in the 27
first degree if, being a parent, guardian, or other person legally charged with the care 28
of a child under 18 [16] years of age, the person 29
(1) intentionally deserts the child in a place under circumstances 30
creating a substantial risk of physical injury to the child; 31
-13- Enrolled HB 239
(2) leaves the child with another person who is not a parent, guardian, 1
or lawful custodian of the child knowing that the person is 2
(A) registered or required to register as a sex offender or child 3
kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 4
similar requirements; 5
(B) charged by complaint, information, or indictment with a 6
violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 7
jurisdiction with similar elements; or 8
(C) charged by complaint, information, or indictment with an 9
attempt, solicitation, or conspiracy to commit a crime described in (B) of this 10
paragraph; 11
(3) leaves the child with another person knowing that the person has 12
previously physically mistreated or had sexual contact with any child, and the other 13
person causes physical injury to or engages in sexual contact with the child; or 14
(4) recklessly fails to provide an adequate quantity of food or liquids to 15
a child, causing protracted impairment of the child's health. 16
* Sec. 22. AS 11.61.116(a) is amended to read: 17
(a) A person commits the offense of sending an explicit image of a minor if 18
the person, with intent to annoy or humiliate another person, distributes an electronic 19
photograph or video that depicts the genitals, anus, or female breast of that other 20
person taken when that person was a minor under 18 [16] years of age. 21
* Sec. 23. AS 11.61.118(a) is amended to read: 22
(a) A person commits the crime of harassment in the first degree if, under 23
circumstances not proscribed under AS 11.41.410 - 11.41.427, [OR] 11.41.434 - 24
11.41.440, or 11.41.455, the person violates AS 11.61.120(a)(5) and the offensive 25
physical contact is contact 26
(1) with human or animal blood, mucus, saliva, semen, urine, vomitus, 27
or feces; or 28
(2) by the person touching through clothing another person's genitals, 29
buttocks, or female breast. 30
* Sec. 24. AS 11.61.120(a) is amended to read: 31
Enrolled HB 239 -14-
(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. 25. 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 knowingly distributes in this state or advertises, 25
promotes, solicits, or offers to distribute in this state any material that is proscribed 26
under 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
-15- Enrolled HB 239
section. 1
(c) This section does not apply to an employee or contractor of an interactive 2
computer service, Internet service provider, cloud service provider, or 3
telecommunications network who, while acting in the scope of employment, 4
distributes, possesses, or accesses the material described in (a) of this section solely to 5
prevent, detect, report, or otherwise respond to the distribution, advertisement, 6
promotion, or solicitation of or offer to distribute the material. In this subsection, 7
"interactive computer service" has the meaning given in AS 11.61.127(b). 8
(d) In this section, "distribution" includes the following, whether or not for 9
monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 10
circulating, exhibiting, presenting, providing, exchanging, placing on a computer 11
network or computer system, and providing billing collection, or other ancillary 12
services for or otherwise supporting these activities. 13
(e) Distribution of generated obscene child sexual abuse material is a 14
(1) class B felony; or 15
(2) class A felony if the person has been previously convicted of 16
distribution of generated obscene child sexual abuse material in this jurisdiction, 17
distribution of child sexual abuse material under AS 11.61.125, or a similar crime in 18
this or another jurisdiction. 19
Sec. 11.61.122. Possession of generated obscene child sexual abuse 20
material. (a) A person commits the crime of possession of generated obscene child 21
sexual abuse material if the person knowingly possesses or knowingly accesses on a 22
computer with intent to view any material that 23
(1) the average person, applying contemporary community standards, 24
would find, when considered as a whole, appeals to the prurient interest; 25
(2) depicts, in a patently offensive way, a child under 18 years of age 26
who, by manipulation, creation, or modification, appears to be engaged in conduct 27
described in AS 11.41.455(a)(1) - (8), regardless of whether an actual child was used; 28
and 29
(3) when considered as a whole, lacks serious literary, artistic, 30
political, or scientific value. 31
Enrolled HB 239 -16-
(b) This section does not apply to an employee or contractor of an interactive 1
computer service, Internet service provider, cloud service provider, or 2
telecommunications network who, while acting in the scope of employment, possesses 3
or accesses the material described in (a) of this section solely to prevent, detect, report, 4
or otherwise respond to the production, generation, manipulation, or modification of 5
the material. In this subsection, "interactive computer service" has the meaning given 6
in AS 11.61.127(b). 7
(c) In this section, "computer" has the meaning given in AS 11.46.990. 8
(d) Possession of generated obscene child sexual abuse material is a class C 9
felony. 10
* Sec. 26. AS 11.61.124(a) is amended to read: 11
(a) An offender commits the crime of solicitation or production of an indecent 12
picture of a minor if, under circumstances not proscribed under AS 11.41.455 or 13
AS 11.61.123, the offender being 18 years of age or older 14
(1) solicits a picture of the genitals, anus, or female breast of another 15
person and the 16
(A) person solicited is 17
(i) 16 or 17 years of age and at least six years 18
younger than the offender; or 19
(ii) under 16 years of age and at least four years 20
younger than the offender; or 21
(B) offender believes that the other person is 22
(i) 16 or 17 years of age and at least six years 23
younger than the offender; or 24
(ii) under 16 years of age and at least four years 25
younger than the offender; or 26
(2) produces a picture of the genitals, anus, or female breast of another 27
person and the 28
(A) person shown in the picture is 29
(i) 16 or 17 years of age and at least six years 30
younger than the offender; or 31
-17- Enrolled HB 239
(ii) under 16 years of age and at least four years 1
younger than the offender; or 2
(B) offender believes that the other person is 3
(i) 16 or 17 years of age and at least six years 4
younger than the offender; or 5
(ii) under 16 years of age and at least four years 6
younger than the offender. 7
* Sec. 27. AS 11.61.124(b) is amended to read: 8
(b) In a prosecution under (a) of this section, it is not a defense that the person 9
solicited or shown in the picture was not actually 10
(1) 16 or 17 years of age and at least six years younger than the 11
offender; or 12
(2) a person under 16 years of age and at least four years younger than 13
the offender. 14
* Sec. 28. AS 11.61.125(b) is amended to read: 15
(b) This section does not apply to 16
(1) acts that are an integral part of the exhibition or performance of a 17
motion picture if the acts are performed within the scope of employment by a motion 18
picture operator or projectionist employed by the owner or manager of a theater or 19
other place for the showing of motion pictures, unless the motion picture operator or 20
projectionist 21
(A) [(1)] has a financial interest in the theater or place in which 22
employed; or 23
(B) [(2)] causes the performance or motion picture to be 24
performed or exhibited without the consent of the manager or owner of the 25
theater or other place of showing; or 26
(2) an employee or contractor of an interactive computer service, 27
Internet service provider, cloud service provider, or telecommunications network 28
who, while acting in the scope of employment, distributes, possesses, or accesses 29
the material described in (a) of this section solely to prevent, detect, report, or 30
otherwise respond to the distribution, advertisement, promotion, or solicitation of 31
Enrolled HB 239 -18-
or offer to distribute the material; in this paragraph, "interactive computer 1
service" has the meaning given in AS 11.61.127(b). 2
* Sec. 29. AS 11.61.125(e) is amended to read: 3
(e) Distribution of child sexual abuse material is a 4
(1) class B felony; or 5
(2) class A felony if the person has been previously convicted of 6
distribution of child sexual abuse material in this jurisdiction, distribution of 7
generated obscene child sexual abuse material under AS 11.61.121, or a similar 8
crime in this or another jurisdiction. 9
* Sec. 30. AS 11.61.127(a) is amended to read: 10
(a) A person commits the crime of possession of child sexual abuse material if 11
the person knowingly possesses or knowingly accesses on a computer with intent to 12
view any material that visually depicts conduct described in AS 11.41.455(a)(1) - (8) 13
[AS 11.41.455(a)] knowing that the 14
(1) production of the material involved the use of a child under 18 15
years of age who engaged in the conduct; or 16
(2) material depicts [A DEPICTION OF] a part of an actual child 17
under 18 years of age who, by manipulation, creation, or modification, appears to be 18
engaged in the conduct. 19
* Sec. 31. AS 11.61.127(b) is amended to read: 20
(b) This section does not apply to 21
(1) persons providing plethysmograph assessments in the course of a 22
sex offender treatment program that meets the minimum standards under 23
AS 33.30.011(a)(5); or 24
(2) an employee or contractor of an interactive computer service, 25
Internet service provider, cloud service provider, or telecommunications network 26
who, while acting in the scope of employment, possesses or accesses the material 27
described in (a) of this section solely to prevent, detect, report, or otherwise 28
respond to the production, generation, manipulation, or modification of the 29
material; in this paragraph, "interactive computer service" means an 30
information service, system, or access software provider that provides or enables 31
-19- Enrolled HB 239
computer access by multiple users to a computer server, including specifically a 1
service or system that provides access to the Internet and those systems operated 2
or services offered by libraries or educational institutions. 3
* Sec. 32. AS 11.61.128(a) is amended to read: 4
(a) An offender [A PERSON] commits the crime of distribution of indecent 5
material to minors if 6
(1) the offender [PERSON], being 18 years of age or older, 7
intentionally distributes or possesses with intent to distribute any material described in 8
(2) and (3) of this subsection to either 9
(A) a child who [THAT] the offender [PERSON] knows is 10
under 18 [16] years of age and at least two years younger than the offender; 11
or 12
(B) another person that the offender [PERSON] believes is a 13
child under 18 [16] years of age and at least two years younger than the 14
offender; 15
(2) the offender [PERSON] knows that the material depicts the 16
following actual or simulated conduct: 17
(A) sexual penetration; 18
(B) the lewd touching of a person's genitals, anus, or female 19
breast; 20
(C) masturbation; 21
(D) bestiality; 22
(E) the lewd exhibition of a person's genitals, anus, or female 23
breast; [OR] 24
(F) sexual masochism or sadism; or 25
(G) contact with semen; and 26
(3) the material is harmful to minors. 27
* Sec. 33. AS 11.61.128(b) is amended to read: 28
(b) In this section, it is not a defense that the victim was not actually under 18 29
[16] years of age. 30
* Sec. 34. AS 11.61.128(c) is amended to read: 31
Enrolled HB 239 -20-
(c) In this section, "harmful to minors" means 1
(1) the average individual, applying contemporary community 2
standards, would find that the material, taken as a whole, appeals to the prurient 3
interest in sex for persons under 18 [16] years of age; 4
(2) a reasonable person would find that the material, taken as a whole, 5
lacks serious literary, artistic, educational, political, or scientific value for persons 6
under 18 [16] years of age; and 7
(3) the material depicts actual or simulated conduct in a way that is 8
patently offensive to the prevailing standards in the adult community as a whole with 9
respect to what is suitable for persons under 18 [16] years of age. 10
* Sec. 35. AS 11.61.128(e) is amended to read: 11
(e) Distribution of indecent material to minors is a class B felony if the 12
offender [DEFENDANT] was, at the time of the offense, required to register as a sex 13
offender or child kidnapper under AS 12.63 or a similar law of another jurisdiction. 14
* Sec. 36. AS 11.61.129(a) is amended to read: 15
(a) Property used to aid a violation of AS 11.61.121 - 11.61.128 16
[AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 17
conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 18
11.61.128] may be forfeited to the state upon the conviction of the offender. 19
* Sec. 37. AS 11.61.140(a) is amended to read: 20
(a) A person commits cruelty to animals if the person 21
(1) knowingly inflicts severe or prolonged physical pain or suffering 22
on an animal; 23
(2) has a legal duty to care for the animal and, with criminal 24
negligence, fails to care for an animal and, as a result, causes the death of the animal 25
or causes severe physical pain or prolonged suffering to the animal; 26
(3) kills or injures an animal by the use of a decompression chamber; 27
(4) intentionally kills or injures a pet or livestock by the use of poison; 28
(5) knowingly kills or injures an animal, other than as provided in (1) 29
or (3) of this subsection, with the intent to intimidate, threaten, or terrorize another 30
person; 31
-21- Enrolled HB 239
(6) knowingly 1
(A) engages in sexual conduct with an animal; or 2
(B) under circumstances not proscribed under AS 11.41.455, 3
(i) photographs or films, for purposes of sexual 4
gratification, a person engaged in sexual conduct with an animal; or 5
(ii) causes, induces, aids, or encourages another person 6
to engage in sexual conduct with an animal; [OR] 7
(7) intentionally permits sexual conduct with an animal to be 8
conducted on any premises under the person's control; or 9
(8) under circumstances not proscribed under AS 11.61.122 or 10
11.61.127, knowingly possesses or knowingly accesses on a computer with intent 11
to view any material that 12
(A) the average person, applying contemporary community 13
standards, would find, when considered as a whole, appeals to the 14
prurient interest; 15
(B) depicts, in a patently offensive way, conduct proscribed 16
under (6)(A) of this subsection; and 17
(C) when considered as a whole, lacks serious literary, 18
artistic, political, or scientific value. 19
* Sec. 38. AS 11.61.140(g) is amended to read: 20
(g) Except as provided in (h) of this section, cruelty to animals under (a)(2), 21
(5), (6), [OR] (7), or (8) of this section is a class A misdemeanor. The court may also 22
(1) require forfeiture of any animal affected to the state or to a 23
custodian that supplies shelter, care, or medical treatment for the animal; 24
(2) require the defendant to reimburse the state or a custodian for all 25
reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 26
medical treatment for any animal affected; 27
(3) prohibit or limit the defendant's ownership, possession, or custody 28
of animals for up to 10 years. 29
* Sec. 39. AS 11.61.140(h) is amended to read: 30
(h) Cruelty to animals under (a)(1), (3), or (4) of this section is a class C 31
Enrolled HB 239 -22-
felony. Cruelty to animals is also a class C felony if the person is convicted under 1
(a)(2), (5), (6), [OR] (7), or (8) of this section and the person has been previously 2
convicted on one or more separate occasions within 10 years of the date of the present 3
offense of a crime under this section, AS 11.61.145(a)(1) or (2), or a law or ordinance 4
of another jurisdiction having elements similar to those offenses. For a conviction 5
under this subsection, the court may also 6
(1) require forfeiture of any animal affected to the state or to a 7
custodian that supplies shelter, care, or medical treatment for the animal; 8
(2) require the defendant to reimburse the state or a custodian for all 9
reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 10
medical treatment for any animal affected; 11
(3) prohibit or limit the defendant's ownership, possession, or custody 12
of animals for up to 10 years. 13
* Sec. 40. AS 11.66.100(c) is amended to read: 14
(c) A person may not be prosecuted under (a)(1) of this section if the 15
(1) person 16
(A) was, at the time of the offense, 17 years of age or 17
younger; or 18
(B) witnessed or was a victim of, and reported to law 19
enforcement in good faith, one or more of the following crimes: 20
(i) [(A)] murder in the first degree under AS 11.41.100; 21
(ii) [(B)] murder in the second degree under 22
AS 11.41.110; 23
(iii) [(C)] manslaughter under AS 11.41.120; 24
(iv) [(D)] criminally negligent homicide under 25
AS 11.41.130; 26
(v) [(E)] assault in the first degree under AS 11.41.200; 27
(vi) [(F)] assault in the second degree under 28
AS 11.41.210; 29
(vii) [(G)] assault in the third degree under 30
AS 11.41.220; 31
-23- Enrolled HB 239
(viii) [(H)] assault in the fourth degree under 1
AS 11.41.230; 2
(ix) [(I)] sexual assault in the first degree under 3
AS 11.41.410; 4
(x) [(J)] sexual assault in the second degree under 5
AS 11.41.420; 6
(xi) [(K)] sexual assault in the third degree under 7
AS 11.41.425; 8
(xii) [(L)] sexual assault in the fourth degree under 9
AS 11.41.427; 10
(xiii) [(M)] sexual abuse of a minor in the first degree 11
under AS 11.41.434; 12
(xiv) [(N)] sexual abuse of a minor in the second degree 13
under AS 11.41.436; 14
(xv) [(O)] sexual abuse of a minor in the third degree 15
under AS 11.41.438; 16
(xvi) [(P)] sexual abuse of a minor in the fourth degree 17
under AS 11.41.440; 18
(xvii) [(Q)] robbery in the first degree under 19
AS 11.41.500; 20
(xviii) [(R)] robbery in the second degree under 21
AS 11.41.510; 22
(xix) [(S)] extortion under AS 11.41.520; 23
(xx) [(T)] coercion under AS 11.41.530; 24
(xxi) [(U)] distribution of child sexual abuse material 25
under AS 11.61.125; 26
(xxii) [(V)] possession of child sexual abuse material 27
under AS 11.61.127; 28
(xxiii) [(W)] sex trafficking in the first degree under 29
AS 11.66.110; 30
(xxiv) [(X)] sex trafficking in the second degree under 31
Enrolled HB 239 -24-
AS 11.66.120; 1
(xxv) [(Y)] sex trafficking in the third degree under 2
AS 11.66.130; 3
(xxvi) [OR (Z)] sex trafficking in the fourth degree 4
under AS 11.66.135; 5
(xxvii) distribution of generated obscene child sexual 6
abuse material under AS 11.61.121; or 7
(xxviii) possession of generated obscene child sexual 8
abuse material under AS 11.61.122; 9
(2) evidence supporting the prosecution under (a)(1) of this section 10
was obtained or discovered as a result of the person reporting the crime to law 11
enforcement; and 12
(3) person cooperated with law enforcement personnel. 13
* Sec. 41. AS 11.71.100(a) is amended to read: 14
(a) The Controlled Substances Advisory Committee is established in the 15
division of the Department of Commerce, Community, and Economic 16
Development with responsibility for corporations, business, and professional 17
licensing [LAW]. The committee consists of 18
(1) the attorney general or the attorney general's designee; 19
(2) the commissioner of family and community services or the 20
commissioner's designee; 21
(3) the commissioner of public safety or the commissioner's designee; 22
(4) the president of the Board of Pharmacy or the designee of the 23
president who shall also be a member of the Board of Pharmacy; 24
(5) a peace officer appointed by the governor after consultation with 25
the Alaska Association of Chiefs of Police; 26
(6) a physician appointed by the governor; 27
(7) a psychiatrist appointed by the governor; and 28
(8) two individuals appointed by the governor. 29
* Sec. 42. AS 12.10.010(a) is amended to read: 30
(a) Prosecution for the following offenses may be commenced at any time: 31
-25- Enrolled HB 239
(1) murder; 1
(2) attempt, solicitation, or conspiracy to commit murder or hindering 2
the prosecution of murder; 3
(3) felony sexual abuse of a minor; 4
(4) sexual assault that is an unclassified, class A, or class B felony or a 5
violation of AS 11.41.425(a)(2) - (4); 6
(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 7
AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 8
who, at the time of the offense, was under 18 years of age; 9
(6) kidnapping; 10
(7) distribution of generated obscene child sexual abuse material in 11
violation of AS 11.61.121 or distribution of child sexual abuse material in violation of 12
AS 11.61.125; 13
(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 14
unclassified, class A, or class B felony or that is committed against a person who, at 15
the time of the offense, was under 20 years of age; 16
(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 17
* Sec. 43. AS 12.45.046(a) is amended to read: 18
(a) In a criminal proceeding under AS 11.41 involving the prosecution of an 19
offense committed against a child under the age of 18 [16], or witnessed by a child 20
under the age of 18 [16], the court 21
(1) may appoint a guardian ad litem for the child; 22
(2) on its own motion or on the motion of the party presenting the 23
witness or the guardian ad litem of the child, may order that the testimony of the child 24
be taken by closed circuit television or through one-way mirrors if the court 25
determines that the testimony by the child victim or witness under normal court 26
procedures would result in the child's inability to effectively communicate. 27
* Sec. 44. AS 12.55.078(f) is amended to read: 28
(f) The court may not suspend the imposition or entry of judgment and may 29
not defer prosecution under this section of a person who 30
(1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 31
Enrolled HB 239 -26-
- 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 1
AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 2
AS 11.66.110 - 11.66.135; 3
(2) uses a firearm in the commission of the offense for which the 4
person is charged; 5
(3) has previously been granted a suspension of judgment under this 6
section or a similar statute in another jurisdiction, unless the court enters written 7
findings that by clear and convincing evidence the person's prospects for rehabilitation 8
are high and suspending judgment under this section adequately protects the victim of 9
the offense, if any, and the community; 10
(4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 11
and the person has one or more prior convictions for a misdemeanor violation of 12
AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 13
having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 14
felony in this state; for the purposes of this paragraph, a person shall be considered to 15
have a prior conviction even if 16
(A) the charges were dismissed under this section; 17
(B) the conviction has been set aside under AS 12.55.085; or 18
(C) the charge or conviction was dismissed or set aside under 19
an equivalent provision of the laws of another jurisdiction; or 20
(5) is charged with a crime involving domestic violence, as defined in 21
AS 18.66.990. 22
* Sec. 45. AS 12.55.085(f) is amended to read: 23
(f) The court may not suspend the imposition of sentence of a person who 24
(1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 25
- 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 26
AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 27
AS 11.66.110 - 11.66.135; 28
(2) uses a firearm in the commission of the offense for which the 29
person is convicted; or 30
(3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 31
-27- Enrolled HB 239
and the person has one or more prior convictions for a misdemeanor violation of 1
AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 2
having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 3
felony in this state; for the purposes of this paragraph, a person shall be considered to 4
have a prior conviction even if that conviction has been set aside under (e) of this 5
section or under the equivalent provision of the laws of another jurisdiction. 6
* Sec. 46. AS 12.55.100(e) is amended to read: 7
(e) In addition to other conditions imposed on the defendant, while on 8
probation and as a condition of probation 9
(1) for a sex offense, as described in AS 12.63.100, the defendant 10
(A) shall be required to submit to regular periodic polygraph 11
examinations; 12
(B) may be required to provide each electronic mail address, 13
instant messaging address, and other Internet communication identifier that the 14
defendant uses to the defendant's probation officer; the probation officer shall 15
forward those addresses and identifiers to the Alaska state troopers and to the 16
local law enforcement agency; 17
(2) if the defendant was convicted of a violation of AS 11.41.434 - 18
11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 19
11.61.128], or a similar offense in another jurisdiction, the defendant may be required 20
to refrain from 21
(A) using or creating an Internet site; 22
(B) communicating with children under 16 years of age; 23
(C) possessing or using a computer; or 24
(D) residing within 500 feet of school grounds; in this 25
subparagraph, "school grounds" has the meaning given in AS 11.71.900. 26
* Sec. 47. AS 12.55.125(b) is amended to read: 27
(b) A defendant convicted of attempted murder in the first degree, solicitation 28
to commit murder in the first degree, conspiracy to commit murder in the first degree, 29
kidnapping, or misconduct involving a controlled substance in the first degree shall be 30
sentenced to a definite term of imprisonment of at least five years but not more than 31
Enrolled HB 239 -28-
99 years. A defendant convicted of murder in the second degree or murder of an 1
unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 2
imprisonment of at least 15 years but not more than 99 years. A defendant convicted 3
of murder in the second degree shall be sentenced to a definite term of imprisonment 4
of at least 20 years but not more than 99 years when the defendant is convicted of the 5
murder of a child under 18 [16] years of age and the court finds by clear and 6
convincing evidence that the defendant (1) was a natural parent, a stepparent, an 7
adoptive parent, a legal guardian, or a person occupying a position of authority in 8
relation to the child; or (2) caused the death of the child by committing a crime against 9
a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 10
"position of authority" have the meanings given in AS 11.41.470. 11
* Sec. 48. AS 12.55.125(d) is amended to read: 12
(d) Except as provided in (i) of this section, a defendant convicted of a class B 13
felony may be sentenced to a definite term of imprisonment of not more than 10 years, 14
and shall be sentenced to a definite term within the following presumptive ranges, 15
subject to adjustment as provided in AS 12.55.155 - 12.55.175: 16
(1) if the offense is a first felony conviction and does not involve 17
circumstances described in (2) of this subsection, one to three years; a defendant 18
sentenced under this paragraph may, if the court finds it appropriate, be granted a 19
suspended imposition of sentence under AS 12.55.085 if, as a condition of probation 20
under AS 12.55.086, the defendant is required to serve an active term of imprisonment 21
within the range specified in this paragraph, unless the court finds that a mitigation 22
factor under AS 12.55.155 applies; 23
(2) if the offense is a first felony conviction, 24
(A) the defendant violated AS 11.41.130, and the victim was a 25
child under 18 [16] years of age, two to four years; 26
(B) two to four years if the conviction is for attempt, 27
solicitation, or conspiracy to manufacture related to methamphetamine under 28
AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 29
(i) the attempted manufacturing occurred, or the 30
solicited or conspired offense was to have occurred, in a building with 31
-29- Enrolled HB 239
reckless disregard that the building was used as a permanent or 1
temporary home or place of lodging for one or more children under 18 2
years of age or the building was a place frequented by children; or 3
(ii) in the course of an attempt to manufacture, the 4
defendant obtained the assistance of one or more children under 18 5
years of age or one or more children were present; 6
(3) if the offense is a second felony conviction, three to seven years; 7
(4) if the offense is a third felony conviction, six to 10 years. 8
* Sec. 49. AS 12.55.125(i) is amended to read: 9
(i) A defendant convicted of 10
(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 11
(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 12
under AS 11.41.455(c)(2), or sex trafficking in the first degree under 13
AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 14
than 99 years and shall be sentenced to a definite term within the following 15
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 16
(A) if the offense is a first felony conviction, the offense does 17
not involve circumstances described in (B) of this paragraph, and the victim 18
was 19
(i) less than 13 years of age, 25 to 35 years; 20
(ii) 13 years of age or older, 20 to 30 years; 21
(B) if the offense is a first felony conviction and the defendant 22
possessed a firearm, used a dangerous instrument, or caused serious physical 23
injury during the commission of the offense, 25 to 35 years; 24
(C) if the offense is a second felony conviction and does not 25
involve circumstances described in (D) of this paragraph, 30 to 40 years; 26
(D) if the offense is a second felony conviction and the 27
defendant has a prior conviction for a sexual felony, 35 to 45 years; 28
(E) if the offense is a third felony conviction and the defendant 29
is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 30
to 60 years; 31
Enrolled HB 239 -30-
(F) if the offense is a third felony conviction, the defendant is 1
not subject to sentencing under (l) of this section, and the defendant has two 2
prior convictions for sexual felonies, 99 years; 3
(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 4
unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 5
under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 6
in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 7
minor in the first degree, or sex trafficking in the first degree under 8
AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 9
than 99 years and shall be sentenced to a definite term within the following 10
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 11
(A) if the offense is a first felony conviction, the offense does 12
not involve circumstances described in (B) of this paragraph, and the victim 13
was 14
(i) under 13 years of age, 20 to 30 years; 15
(ii) 13 years of age or older, 15 to 30 years; 16
(B) if the offense is a first felony conviction and the defendant 17
possessed a firearm, used a dangerous instrument, or caused serious physical 18
injury during the commission of the offense, 25 to 35 years; 19
(C) if the offense is a second felony conviction and does not 20
involve circumstances described in (D) of this paragraph, 25 to 35 years; 21
(D) if the offense is a second felony conviction and the 22
defendant has a prior conviction for a sexual felony, 30 to 40 years; 23
(E) if the offense is a third felony conviction, the offense does 24
not involve circumstances described in (F) of this paragraph, and the defendant 25
is not subject to sentencing under (l) of this section, 35 to 50 years; 26
(F) if the offense is a third felony conviction, the defendant is 27
not subject to sentencing under (l) of this section, and the defendant has two 28
prior convictions for sexual felonies, 99 years; 29
(3) sexual assault in the second degree, sexual abuse of a minor in the 30
second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 31
-31- Enrolled HB 239
first degree under AS 11.41.458(b)(2), distribution of generated obscene child 1
sexual abuse material under AS 11.61.121(e)(2), distribution of child sexual abuse 2
material under AS 11.61.125(e)(2), patron of a victim of sex trafficking under 3
AS 11.66.137(c)(1) [AS 11.66.137], or attempt, conspiracy, or solicitation to commit 4
sexual assault in the first degree under AS 11.41.410(a)(1)(B) may be sentenced to a 5
definite term of imprisonment of not more than 99 years and shall be sentenced to a 6
definite term within the following presumptive ranges, subject to adjustment as 7
provided in AS 12.55.155 - 12.55.175: 8
(A) if the offense is a first felony conviction, five to 15 years; 9
(B) if the offense is a second felony conviction and does not 10
involve circumstances described in (C) of this paragraph, 10 to 25 years; 11
(C) if the offense is a second felony conviction and the 12
defendant has a prior conviction for a sexual felony, 15 to 30 years; 13
(D) if the offense is a third felony conviction and does not 14
involve circumstances described in (E) of this paragraph, 20 to 35 years; 15
(E) if the offense is a third felony conviction and the defendant 16
has two prior convictions for sexual felonies, 99 years; 17
(4) sexual assault in the third degree, sexual abuse of a minor in the 18
third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 19
AS 11.41.458(b)(1), distribution of generated obscene child sexual abuse material 20
under AS 11.61.121(e)(1), possession of generated obscene child sexual abuse 21
material, indecent viewing or production of a picture under AS 11.61.123(g)(1) or 22
(2), possession of child sexual abuse material, distribution of child sexual abuse 23
material under AS 11.61.125(e)(1), patron of a victim of sex trafficking under 24
AS 11.66.137(c)(2) [AS 11.66.137], or attempt, conspiracy, or solicitation to commit 25
sexual assault in the second degree, sexual abuse of a minor in the second degree, 26
distribution of generated obscene child sexual abuse material, unlawful 27
exploitation of a minor, distribution of child sexual abuse material under 28
AS 11.61.125(e)(2), or patron of a victim of sex trafficking under AS 11.66.137(c)(1) 29
[AS 11.66.137], may be sentenced to a definite term of imprisonment of not more than 30
99 years and shall be sentenced to a definite term within the following presumptive 31
Enrolled HB 239 -32-
ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 1
(A) if the offense is a first felony conviction and does not 2
involve the circumstances described in (B) or (C) of this paragraph, two to 12 3
years; 4
(B) if the offense is a first felony conviction under 5
AS 11.61.121(e)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 6
involve circumstances described in (C) of this paragraph, four to 12 years; 7
(C) if the offense is a first felony conviction under 8
AS 11.61.121(e)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 9
defendant hosted, created, or helped host or create a mechanism for multi-party 10
sharing or distribution of generated obscene child sexual abuse material or 11
child sexual abuse material, or received a financial benefit or had a financial 12
interest in a generated obscene child sexual abuse material or child sexual 13
abuse material sharing or distribution mechanism, six to 14 years; 14
(D) if the offense is a second felony conviction and does not 15
involve circumstances described in (E) of this paragraph, eight to 15 years; 16
(E) if the offense is a second felony conviction and the 17
defendant has a prior conviction for a sexual felony, 12 to 20 years; 18
(F) if the offense is a third felony conviction and does not 19
involve circumstances described in (G) of this paragraph, 15 to 25 years; 20
(G) if the offense is a third felony conviction and the defendant 21
has two prior convictions for sexual felonies, 99 years. 22
* Sec. 50. AS 12.55.127(c) is amended to read: 23
(c) If the defendant is being sentenced for 24
(1) escape, the term of imprisonment shall be consecutive to the term 25
for the underlying crime; 26
(2) two or more crimes under AS 11.41, a consecutive term of 27
imprisonment shall be imposed for at least 28
(A) the mandatory minimum term under AS 12.55.125(a) for 29
each additional crime that is murder in the first degree; 30
(B) the mandatory minimum term for each additional crime 31
-33- Enrolled HB 239
that is an unclassified felony governed by AS 12.55.125(b); 1
(C) the presumptive term specified in AS 12.55.125(c) or the 2
active term of imprisonment, whichever is less, for each additional crime that 3
is 4
(i) manslaughter; or 5
(ii) kidnapping that is a class A felony; 6
(D) two years or the active term of imprisonment, whichever is 7
less, for each additional crime that is criminally negligent homicide, except as 8
provided in (4) of this subsection; 9
(E) one-fourth of the presumptive term under AS 12.55.125(c) 10
or (i) for each additional crime that is sexual assault in the first degree under 11
AS 11.41.410 or sexual abuse of a minor in the first degree under 12
AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 13
offenses; and 14
(F) some additional term of imprisonment for each additional 15
crime, or each additional attempt or solicitation to commit the offense, under 16
AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 17
11.41.500 - 11.41.520; 18
(3) two or more crimes of violation of condition of release under 19
AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 20
additional term of imprisonment for the underlying crime and each additional crime 21
under AS 11.56.757; 22
(4) criminally negligent homicide or criminally negligent homicide 23
of an unborn child, a consecutive term of imprisonment shall be imposed for 24
some additional term of imprisonment for each additional crime under 25
AS 28.35.050 or 28.35.060. 26
* Sec. 51. AS 12.55.127(d) is amended to read: 27
(d) If the defendant is being sentenced for two or more crimes of distribution 28
of generated obscene child sexual abuse material under AS 11.61.121, possession 29
of generated obscene child sexual abuse material under AS 11.61.122, distribution 30
of child sexual abuse material under AS 11.61.125, possession of child sexual abuse 31
Enrolled HB 239 -34-
material under AS 11.61.127, or distribution of indecent material to minors under 1
AS 11.61.128, a consecutive term of imprisonment shall be imposed for some 2
additional term of imprisonment for each additional crime or each additional attempt 3
or solicitation to commit the offense. 4
* Sec. 52. AS 12.55.145(a) is amended to read: 5
(a) For purposes of considering prior convictions in imposing sentence under 6
(1) AS 12.55.125(c), (d), or (e), 7
(A) a prior conviction may not be considered if a period of 10 8
or more years has elapsed between the date of the defendant's unconditional 9
discharge on the immediately preceding offense and commission of the present 10
offense unless the prior conviction was for an unclassified or class A felony; 11
(B) a conviction in this or another jurisdiction of an offense 12
having elements similar to those of a felony defined as such under Alaska law 13
at the time the offense was committed is considered a prior felony conviction; 14
(C) two or more convictions arising out of a single, continuous 15
criminal episode during which there was no substantial change in the nature of 16
the criminal objective are considered a single conviction unless the defendant 17
was sentenced to consecutive sentences for the crimes; offenses committed 18
while attempting to escape or avoid detection or apprehension after the 19
commission of another offense are not part of the same criminal episode or 20
objective; 21
(2) AS 12.55.125(l), 22
(A) a conviction in this or another jurisdiction of an offense 23
having elements similar to those of a most serious felony is considered a prior 24
most serious felony conviction; 25
(B) commission of and conviction for offenses relied on as 26
prior most serious felony offenses must occur in the following order: 27
conviction for the first offense must occur before commission of the second 28
offense, and conviction for the second offense must occur before commission 29
of the offense for which the defendant is being sentenced; 30
(3) AS 12.55.135(g), 31
-35- Enrolled HB 239
(A) a prior conviction may not be considered if a period of five 1
or more years has elapsed between the date of the defendant's unconditional 2
discharge on the immediately preceding offense and commission of the present 3
offense unless the prior conviction was for an unclassified or class A felony; 4
(B) a conviction in this or another jurisdiction of an offense 5
having elements similar to those of a crime against a person or a crime 6
involving domestic violence is considered a prior conviction; 7
(C) two or more convictions arising out of a single, continuous 8
criminal episode during which there was no substantial change in the nature of 9
the criminal objective are considered a single conviction unless the defendant 10
was sentenced to consecutive sentences for the crimes; offenses committed 11
while attempting to escape or avoid detection or apprehension after the 12
commission of another offense are not part of the same criminal episode or 13
objective; 14
(4) AS 12.55.125(i), 15
(A) a conviction in this or another jurisdiction of an offense 16
having elements similar to those of a sexual felony is a prior conviction for a 17
sexual felony; 18
(B) a felony conviction in another jurisdiction making it a 19
crime to commit any lewd and lascivious act on a child under the age of 18 20
[16] years, with the intent of arousing, appealing to, or gratifying the sexual 21
desires of the defendant or the victim is a prior conviction for a sexual felony; 22
(C) two or more convictions arising out of a single, continuous 23
criminal episode during which there was no substantial change in the nature of 24
the criminal objective are considered a single conviction unless the defendant 25
was sentenced to consecutive sentences for the crimes; offenses committed 26
while attempting to escape or avoid detection or apprehension after the 27
commission of another offense are not part of the same criminal episode or 28
objective; 29
(D) a conviction in this or another jurisdiction of an offense 30
having elements similar to those of a felony defined as such under Alaska law 31
Enrolled HB 239 -36-
at the time the offense was committed is considered a prior felony conviction. 1
* Sec. 53. AS 12.55.155(c) is amended to read: 2
(c) The following factors shall be considered by the sentencing court if proven 3
in accordance with this section, and may allow imposition of a sentence above the 4
presumptive range set out in AS 12.55.125: 5
(1) a person, other than an accomplice, sustained physical injury as a 6
direct result of the defendant's conduct; 7
(2) the defendant's conduct during the commission of the offense 8
manifested deliberate cruelty to another person; 9
(3) the defendant was the leader of a group of three or more persons 10
who participated in the offense; 11
(4) the defendant employed a dangerous instrument in furtherance of 12
the offense; 13
(5) the defendant knew or reasonably should have known that the 14
victim of the offense was particularly vulnerable or incapable of resistance due to 15
advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 16
extreme youth or was for any other reason substantially incapable of exercising 17
normal physical or mental powers of resistance; 18
(6) the defendant's conduct created a risk of imminent physical injury 19
to three or more persons, other than accomplices; 20
(7) a prior felony conviction considered for the purpose of invoking a 21
presumptive range under this chapter was of a more serious class of offense than the 22
present offense; 23
(8) the defendant's prior criminal history includes conduct involving 24
aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 25
instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 26
combination of assaultive behavior and cruelty to animals proscribed under 27
AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 28
means assault that is a felony under AS 11.41, or a similar provision in another 29
jurisdiction; 30
(9) the defendant knew that the offense involved more than one victim; 31
-37- Enrolled HB 239
(10) the conduct constituting the offense was among the most serious 1
conduct included in the definition of the offense; 2
(11) the defendant committed the offense under an agreement that the 3
defendant either pay or be paid for the commission of the offense, and the pecuniary 4
incentive was beyond that inherent in the offense itself; 5
(12) the defendant was on release under AS 12.30 for another felony 6
charge or conviction or for a misdemeanor charge or conviction having assault as a 7
necessary element; 8
(13) the defendant knowingly directed the conduct constituting the 9
offense at an active officer of the court or at an active or former judicial officer, 10
prosecuting attorney, law enforcement officer, correctional employee, firefighter, 11
emergency medical technician, paramedic, ambulance attendant, or other emergency 12
responder during or because of the exercise of official duties; 13
(14) the defendant was a member of an organized group of five or 14
more persons, and the offense was committed to further the criminal objectives of the 15
group; 16
(15) the defendant has three or more prior felony convictions; 17
(16) the defendant's criminal conduct was designed to obtain 18
substantial pecuniary gain and the risk of prosecution and punishment for the conduct 19
is slight; 20
(17) the offense was one of a continuing series of criminal offenses 21
committed in furtherance of illegal business activities from which the defendant 22
derives a major portion of the defendant's income; 23
(18) the offense was a felony 24
(A) specified in AS 11.41 and was committed against a spouse, 25
a former spouse, or a member of the social unit made up of those living 26
together in the same dwelling as the defendant; 27
(B) specified in AS 11.41.410 - 11.41.458 and the defendant 28
has engaged in the same or other conduct prohibited by a provision of 29
AS 11.41.410 - 11.41.460 involving the same or another victim; 30
(C) specified in AS 11.41 that is a crime involving domestic 31
Enrolled HB 239 -38-
violence and was committed in the physical presence or hearing of a child 1
under 18 [16] years of age who was, at the time of the offense, living within 2
the residence of the victim, the residence of the perpetrator, or the residence 3
where the crime involving domestic violence occurred; 4
(D) specified in AS 11.41 and was committed against a person 5
with whom the defendant has a dating relationship or with whom the defendant 6
has engaged in a sexual relationship; or 7
(E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 8
the defendant was 10 or more years older than the victim; 9
(19) the defendant's prior criminal history includes an adjudication as a 10
delinquent for conduct that would have been a felony if committed by an adult; 11
(20) the defendant was on furlough under AS 33.30 or on parole or 12
probation for another felony charge or conviction that would be considered a prior 13
felony conviction under AS 12.55.145(a)(1)(B); 14
(21) the defendant has a criminal history of repeated instances of 15
conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 16
similar in nature to the offense for which the defendant is being sentenced under this 17
section; 18
(22) the defendant knowingly directed the conduct constituting the 19
offense at a victim because of that person's race, sex, color, creed, physical or mental 20
disability, ancestry, or national origin; 21
(23) the defendant is convicted of an offense specified in AS 11.71 and 22
(A) the offense involved the delivery of a controlled substance 23
under circumstances manifesting an intent to distribute the substance as part of 24
a commercial enterprise; or 25
(B) at the time of the conduct resulting in the conviction, the 26
defendant was caring for or assisting in the care of a child under 10 years of 27
age; 28
(24) the defendant is convicted of an offense specified in AS 11.71 and 29
the offense involved the transportation of controlled substances into the state; 30
(25) the defendant is convicted of an offense specified in AS 11.71 and 31
-39- Enrolled HB 239
the offense involved large quantities of a controlled substance; 1
(26) the defendant is convicted of an offense specified in AS 11.71 and 2
the offense involved the distribution of a controlled substance that had been 3
adulterated with a toxic substance; 4
(27) the defendant, being 18 years of age or older, 5
(A) is legally accountable under AS 11.16.110(2) for the 6
conduct of a person who, at the time the offense was committed, was under 18 7
years of age and at least three years younger than the defendant; or 8
(B) is aided or abetted in planning or committing the offense by 9
a person who, at the time the offense was committed, was under 18 years of 10
age and at least three years younger than the defendant; 11
(28) the victim of the offense is a person who provided testimony or 12
evidence related to a prior offense committed by the defendant; 13
(29) the defendant committed the offense for the benefit of, at the 14
direction of, or in association with a criminal street gang; 15
(30) the defendant is convicted of an offense specified in AS 11.41.410 16
- 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 17
the victim in furtherance of the offense with the intent to make the victim 18
incapacitated; in this paragraph, "incapacitated" has the meaning given in 19
AS 11.41.470; 20
(31) the defendant's prior criminal history includes convictions for five 21
or more crimes in this or another jurisdiction that are class A misdemeanors under the 22
law of this state, or having elements similar to a class A misdemeanor; two or more 23
convictions arising out of a single continuous episode are considered a single 24
conviction; however, an offense is not a part of a continuous episode if committed 25
while attempting to escape or resist arrest or if it is an assault on a uniformed or 26
otherwise clearly identified peace officer or correctional employee; notice and denial 27
of convictions are governed by AS 12.55.145(b) - (d); 28
(32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 29
offense occurred on school grounds, on a school bus, at a school-sponsored event, or 30
in the administrative offices of a school district if students are educated at that office; 31
Enrolled HB 239 -40-
in this paragraph, 1
(A) "school bus" has the meaning given in AS 11.71.900; 2
(B) "school district" has the meaning given in AS 47.07.063; 3
(C) "school grounds" has the meaning given in AS 11.71.900; 4
(33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 5
the defendant had been previously diagnosed as having or having tested positive for 6
HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 7
victim to a risk or a fear that the offense could result in the transmission of HIV or 8
AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 9
AS 18.15.310; 10
(34) the defendant committed the offense on, or to affect persons or 11
property on, the premises of a recognized shelter or facility providing services to 12
victims of domestic violence or sexual assault; 13
(35) the defendant knowingly directed the conduct constituting the 14
offense at a victim because that person was 65 years of age or older; 15
(36) the defendant committed the offense at a health care facility and 16
knowingly directed the conduct constituting the offense at a medical professional 17
during or because of the medical professional's exercise of professional duties; in this 18
paragraph, 19
(A) "health care facility" has the meaning given in 20
AS 18.07.111; 21
(B) "medical professional" has the meaning given in 22
AS 12.55.135(k); 23
(37) the defendant knowingly caused the victim to become 24
unconscious by means of a dangerous instrument; in this paragraph, "dangerous 25
instrument" has the meaning given in AS 11.81.900(b)(16)(B). 26
* Sec. 54. AS 12.55.185(16) is amended to read: 27
(16) "sexual felony" means sexual assault in the first degree, sexual 28
abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 29
the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 30
minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 31
-41- Enrolled HB 239
patron of a victim of sex trafficking, distribution of generated obscene child sexual 1
abuse material, possession of generated obscene child sexual abuse material, 2
indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), 3
distribution of child sexual abuse material, sexual assault in the third degree, incest, 4
indecent exposure in the first degree, possession of child sexual abuse material, 5
enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 6
crimes; 7
* Sec. 55. AS 12.61.010(a) is amended to read: 8
(a) Victims of crimes have the following rights: 9
(1) the right to be present during any proceeding in 10
(A) the prosecution and sentencing of a defendant if the 11
defendant has the right to be present, including being present during testimony 12
even if the victim is likely to be called as a witness; 13
(B) the adjudication of a minor as provided under 14
AS 47.12.110; 15
(2) the right to be notified by the appropriate law enforcement agency 16
or the prosecuting attorney of any request for a continuance that may substantially 17
delay the prosecution and of the date of trial, sentencing, including a proceeding 18
before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 19
the defendant's release from custody is considered; 20
(3) the right to be notified that a sentencing hearing or a court 21
proceeding to which the victim has been subpoenaed will not occur as scheduled; 22
(4) the right to receive protection from harm and threats of harm 23
arising out of cooperation with law enforcement and prosecution efforts and to be 24
provided with information as to the protection available; 25
(5) the right to be notified of the procedure to be followed to apply for 26
and receive any compensation under AS 18.67; 27
(6) at the request of the prosecution or a law enforcement agency, the 28
right to cooperate with the criminal justice process without loss of pay and other 29
employee benefits except as authorized by AS 12.61.017 and without interference in 30
any form by the employer of the victim of crime; 31
Enrolled HB 239 -42-
(7) the right to obtain access to immediate medical assistance and not 1
to be detained for an unreasonable length of time by a law enforcement agency before 2
having medical assistance administered; however, an employee of the law 3
enforcement agency may, if necessary, accompany the person to a medical facility to 4
question the person about the criminal incident if the questioning does not hinder the 5
administration of medical assistance; 6
(8) the right to make a written or oral statement for use in preparation 7
of the presentence report of a felony defendant; 8
(9) the right to appear personally at the defendant's sentencing hearing 9
to present a written statement and to give sworn testimony or an unsworn oral 10
presentation; 11
(10) the right to be informed by the prosecuting attorney, at any time 12
after the defendant's conviction, about the complete record of the defendant's 13
convictions; 14
(11) the right to notice under AS 12.47.095 concerning the status of the 15
defendant found not guilty by reason of insanity; 16
(12) the right to notice under AS 33.16.087 of a hearing concerning 17
special medical parole of the defendant; 18
(13) the right to notice under AS 33.16.120 of a hearing to consider or 19
review discretionary parole of the defendant; 20
(14) the right to notice under AS 33.30.013 of the release or escape of 21
the defendant; [AND] 22
(15) the right to be notified orally and in writing of and receive 23
information about the office of victims' rights from the law enforcement officer 24
initially investigating the crime and from the prosecuting attorney assigned to the 25
offense; at a minimum, the information provided must include the address, telephone 26
number, and Internet address of the office of victims' rights; this paragraph 27
(A) applies only to victims of felonies and to victims of class A 28
misdemeanors if the class A misdemeanor is a crime involving domestic 29
violence or a crime against a person under AS 11.41; if the victim is an 30
unemancipated minor, the law enforcement officer and the prosecuting 31
-43- Enrolled HB 239
attorney shall also provide the notice required by this paragraph to the parent 1
or guardian of the minor; 2
(B) is satisfied if, at the time of initial contact with the crime 3
victim, the investigating officer and prosecuting attorney each give each crime 4
victim a brochure or other written material prepared by the office of victims' 5
rights and provided to law enforcement agencies for that purpose; and 6
(16) the right to be notified of the location and testing date of a 7
sexual assault examination kit collected from the victim. 8
* Sec. 56. AS 12.62.160(b) is amended to read: 9
(b) Subject to the requirements of this section, and except as otherwise limited 10
or prohibited by other provision of law or court rule, criminal justice information 11
(1) may be provided to a person when, and only to the extent, 12
necessary to avoid imminent danger to life or extensive damage to property; 13
(2) may be provided to a person to the extent required by applicable 14
court rules or under an order of a court of this state, another state, or the United States; 15
(3) may be provided to a person if the information is commonly or 16
traditionally provided by criminal justice agencies in order to identify, locate, or 17
apprehend fugitives or wanted persons or to recover stolen property, or for public 18
reporting of recent arrests, charges, and other criminal justice activity; 19
(4) may be provided to a criminal justice agency for a criminal justice 20
activity; 21
(5) may be provided to a government agency when necessary for 22
enforcement of or for a purpose specifically authorized by state or federal law; 23
(6) may be provided to a person specifically authorized by a state or 24
federal law to receive that information; 25
(7) in aggregate form may be released to a qualified person, as 26
determined by the agency, for criminal justice research, subject to written conditions 27
that ensure [ASSURE] the security of the information and the privacy of individuals 28
to whom the information relates; 29
(8) may be provided to a person for any purpose, except that 30
information may not be released if the information is nonconviction information, [OR] 31
Enrolled HB 239 -44-
correctional treatment information, or criminal justice information as described in 1
(f) of this section; 2
(9) including information relating to a serious offense, may be 3
provided to an interested person if the information is requested for the purpose of 4
determining whether to grant a person supervisory or disciplinary power over a minor 5
or dependent adult; and 6
(10) may be provided to the person who is the subject of the 7
information. 8
* Sec. 57. AS 12.62.160 is amended by adding a new subsection to read: 9
(f) An agency may not release criminal justice information of a criminal case 10
in which the defendant 11
(1) was convicted under AS 11.71.060, or a municipal ordinance with 12
similar elements, for possession of less than one ounce of a schedule VIA controlled 13
substance; 14
(2) was 21 years of age or older at the time of commission of the 15
offense; 16
(3) was not convicted of any other criminal charges in that case; and 17
(4) requests that the agency not release the records. 18
* Sec. 58. AS 12.62.900(22) is amended to read: 19
(22) "serious offense" means a conviction for a violation or for an 20
attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 21
or of the laws of another jurisdiction with substantially similar elements: 22
(A) a felony offense; 23
(B) a crime involving domestic violence; 24
(C) AS 11.41.410 - 11.41.470; 25
(D) AS 11.51.130, 11.51.200 - 11.51.220, or AS 11.56.100 - 26
11.56.210 [OR 11.51.200 - 11.56.210]; 27
(E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 28
(F) AS 11.66.100 - 11.66.130; 29
(G) former AS 11.15.120, former 11.15.134, or assault with the 30
intent to commit rape under former AS 11.15.160; or 31
-45- Enrolled HB 239
(H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 1
11.40.420, if committed before January 1, 1980. 2
* Sec. 59. AS 12.63.020(a) is amended to read: 3
(a) The duty of a sex offender or child kidnapper to comply with the 4
requirements of AS 12.63.010 is as follows: 5
(1) for a sex offender or child kidnapper, as that term is defined in 6
AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 7
(A) continues for the lifetime of a sex offender or child 8
kidnapper convicted of 9
(i) one aggravated sex offense; or 10
(ii) two or more sex offenses, two or more child 11
kidnappings, or one sex offense and one child kidnapping; for purposes 12
of this section, a person convicted of indecent exposure before a person 13
under 18 [16] years of age under AS 11.41.460 more than two times 14
has been convicted of two or more sex offenses; 15
(B) ends 15 years following the sex offender's or child 16
kidnapper's unconditional discharge from a conviction for a single sex offense 17
that is not an aggravated sex offense or for a single child kidnapping if the sex 18
offender or child kidnapper has supplied proof that is acceptable to the 19
department of the unconditional discharge; the registration period under this 20
subparagraph 21
(i) is tolled for the period that a sex offender or child 22
kidnapper fails to comply with the requirements of this chapter or is 23
incarcerated for the offense or kidnapping for which the offender or 24
kidnapper is required to register or for any other offense; 25
(ii) may include the time a sex offender or child 26
kidnapper was absent from this state if the sex offender or child 27
kidnapper has complied with any sex offender or child kidnapper 28
registration requirements of the jurisdiction in which the offender or 29
kidnapper was located and if the sex offender or child kidnapper 30
provides the department with proof of the compliance while the sex 31
Enrolled HB 239 -46-
offender or child kidnapper was absent from this state; and 1
(iii) continues for a sex offender or child kidnapper who 2
has not supplied proof acceptable to the department of the offender's or 3
kidnapper's unconditional discharge for the sex offense or child 4
kidnapping requiring registration; 5
(2) for a sex offender or child kidnapper, as that term is defined in 6
AS 12.63.100(6)(B), the duty continues for the period determined by the department 7
under (b) of this section. 8
* Sec. 60. 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 18 [16] years of age and the offender 29
has previously been convicted under AS 11.41.460 or AS 26.05.900(c); 30
(v) AS 11.61.121 or 11.61.122; 31
-47- Enrolled HB 239
(vi) AS 11.61.125 - 11.61.128; 1
(vii) [(vi)] AS 11.66.130(a)(2)(B) or AS 26.05.900(b) if 2
the person who was induced or caused to engage in prostitution was 3
under 20 years of age at the time of the offense; 4
(viii) [(vii)] former AS 11.15.120, former 11.15.134, or 5
assault with the intent to commit rape under former AS 11.15.160, 6
former AS 11.40.110, or former 11.40.200; 7
(ix) [(viii)] AS 11.61.118(a)(2) if the offender has a 8
previous conviction for that offense; 9
(x) [(ix)] AS 11.66.100(a)(2) if the offender is subject 10
to punishment under former AS 11.66.100(e); 11
(xi) [(x)] AS 26.05.890 if the person engaged in sexual 12
penetration or sexual contact with the victim; 13
(xii) [(xi)] AS 26.05.890 if, at the time of the offense, 14
the victim is under a duty to obey the lawful orders of the offender, 15
regardless of whether the offender is in the direct chain of command 16
over the victim; 17
(xiii) [(xii)] AS 26.05.893 if the person engaged in 18
sexual penetration or sexual contact with the victim; 19
(xiv) [(xiii)] AS 26.05.900(a) if the victim is under 18 20
years of age at the time of the offense; 21
(xv) [(xiv)] AS 26.05.900 if, at the time of the offense, 22
the victim is under a duty to obey the lawful orders of the offender, 23
regardless of whether the offender is in the direct chain of command 24
over the victim; 25
(xvi) [(xv)] AS 11.61.123 if the offender is subject to 26
punishment under AS 11.61.123(g)(1) or (2); 27
(xvii) [(xvi)] AS 11.66.137; 28
(xviii) [(xvii)] AS 11.61.130(a)(2); or 29
(xix) [(xviii)] AS 11.66.110 and 11.66.120; 30
(D) an offense, or an attempt, solicitation, or conspiracy to 31
Enrolled HB 239 -48-
commit an offense, under AS 26.05.935(b), or a similar law of another 1
jurisdiction, if the member of the militia commits one of the following 2
enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 3
Code of Military Justice): 4
(i) child sexual abuse material; or 5
(ii) pandering and prostitution if the person who is 6
induced, enticed, caused, or procured to engage in a sexual act is under 7
20 years of age at the time of the offense; or 8
(E) an offense in which the person is required to register as a 9
sex offender under the laws of another jurisdiction; 10
* Sec. 61. AS 14.20.030(b) is amended to read: 11
(b) The commissioner or the Professional Teaching Practices Commission 12
shall revoke for life the certificate of a person who has been convicted of a crime, or 13
an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 14
AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 15
11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 16
offense described in this subsection. 17
* Sec. 62. AS 18.66.250(5) is amended to read: 18
(5) "victim counseling center" means a private organization, an 19
organization operated by or contracted by a branch of the armed forces of the United 20
States, or a local or tribal government agency that 21
(A) has, as one of its primary purposes, the provision of direct 22
services to victims for trauma resulting from a sexual assault or domestic 23
violence; 24
(B) is not affiliated with a law enforcement agency or a 25
prosecutor's office; and 26
(C) is not on contract with the state to provide services under 27
AS 47; 28
* Sec. 63. AS 28.15.046(c) is amended to read: 29
(c) The department may not issue a license under this section to an applicant 30
(1) who has been convicted of any of the following offenses: 31
-49- Enrolled HB 239
(A) a violation, or an attempt, solicitation, or conspiracy to 1
commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 2
11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 3
(B) a felony violation of endangering the welfare of a child in 4
the first degree under AS 11.51.100; 5
(C) felony indecent viewing or production of a picture under 6
AS 11.61.123; 7
(D) distribution of child sexual abuse material under 8
AS 11.61.125; 9
(E) possession of child sexual abuse material under 10
AS 11.61.127; 11
(F) distribution of indecent material to minors under 12
AS 11.61.128; 13
(G) patron of a victim of sex trafficking under AS 11.66.137; 14
(H) sex trafficking in the first, second, or third degree under 15
AS 11.66.110 - 11.66.130; 16
(I) a felony involving distribution of a controlled substance 17
under AS 11.71 or imitation controlled substance under AS 11.73; 18
(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 19
(K) distribution of generated obscene child sexual abuse 20
material under AS 11.61.121; 21
(L) possession of generated obscene child sexual abuse 22
material under AS 11.61.122; or 23
(2) who has been convicted of any of the following offenses and less 24
than two years have elapsed since the applicant's date of conviction for the offense: 25
(A) assault in the fourth degree under AS 11.41.230; 26
(B) reckless endangerment under AS 11.41.250; 27
(C) contributing to the delinquency of a minor under 28
AS 11.51.130; 29
(D) misdemeanor prostitution under AS 11.66.100(a)(2); 30
(E) a misdemeanor violation of endangering the welfare of a 31
Enrolled HB 239 -50-
child in the first degree under AS 11.51.100. 1
* Sec. 64. AS 28.35.060(b) is amended to read: 2
(b) Except as provided in (c) or (d) of this section, a person who fails to 3
comply with any of the requirements of this section is, upon conviction, punishable by 4
imprisonment for not more than one year, or by a fine of not more than $500, or by 5
both. This provision does not apply to a person incapacitated by the accident to the 6
extent that the person is physically incapable of complying with the requirement. 7
* Sec. 65. AS 28.35.060(c) is amended to read: 8
(c) A person who fails to comply with a requirement of this section regarding 9
failure to render reasonable assistance in an accident resulting in injury 10
[ASSISTING AN INJURED PERSON] is, upon conviction, guilty of a class B 11
felony, punishable as provided in AS 12.55 [BY IMPRISONMENT FOR NOT 12
MORE THAN 10 YEARS, OR BY A FINE OF NOT MORE THAN $10,000, OR BY 13
BOTH]. This provision does not apply to a person incapacitated by the accident to the 14
extent that the person is physically incapable of complying with the requirement. 15
* Sec. 66. AS 28.35.060 is amended by adding a new subsection to read: 16
(d) A person who fails to comply with a requirement of this section regarding 17
failure to render reasonable assistance in an accident resulting in death is, upon 18
conviction, guilty of a class A felony, punishable as provided in AS 12.55. This 19
provision does not apply to a person incapacitated by the accident to the extent that the 20
person is physically incapable of complying with the requirement. 21
* Sec. 67. AS 28.35 is amended by adding a new section to read: 22
Sec. 28.35.248. Airbag fraud. (a) A person commits the crime of airbag fraud 23
if the person 24
(1) knowingly sells, offers for sale, imports, installs, or reinstalls 25
(A) a replacement airbag that does not comply with federal 26
safety regulations specific to the vehicle's make, model, and year; 27
(B) an airbag that is counterfeit or nonfunctioning; or 28
(C) a part or device that is intended to conceal a counterfeit or 29
nonfunctioning airbag; 30
(2) knowingly manufactures 31
-51- Enrolled HB 239
(A) a counterfeit or nonfunctioning airbag; or 1
(B) a part or device that is intended to conceal a counterfeit or 2
nonfunctioning airbag; or 3
(3) intentionally sells, leases, or trades or offers for sale, lease, or trade 4
a vehicle that the person knows has 5
(A) a replacement airbag that does not comply with federal 6
safety regulations specific to the vehicle's make, model, and year; or 7
(B) a counterfeit or nonfunctioning airbag. 8
(b) This section does not apply to 9
(1) a person installing, reinstalling, or replacing an airbag on a vehicle 10
used solely for police work; 11
(2) an owner or employee of a motor vehicle dealership or the owner 12
of a vehicle who, before the sale of the vehicle, does not have knowledge that the 13
vehicle's airbag is counterfeit or nonfunctioning; 14
(3) a person who transfers a vehicle title to an insurance company to 15
satisfy an insurance claim when the insurance company declares the vehicle to be an 16
actual total loss or constructive total loss; 17
(4) an insurance company that sells or otherwise disposes of a vehicle 18
as authorized by law or regulation; or 19
(5) a person who, before the sale, lease, or trade of a vehicle, discloses 20
to the buyer or lessee that the vehicle contains an airbag that is inoperable, damaged, 21
recalled, has previously been deployed, causes a vehicle's diagnostic system to 22
inaccurately indicate that the vehicle is equipped with a properly functioning airbag, or 23
results in an electric fault detected by a vehicle's diagnostic system after the 24
installation procedure was completed. 25
(c) This section does not 26
(1) preclude liability of any party in a civil action; or 27
(2) create a duty that, before the sale of a vehicle, an owner or 28
employee of a motor vehicle dealership or the owner of the vehicle inspect a vehicle in 29
the possession of the dealership or owner to determine whether the airbag is 30
counterfeit or nonfunctioning. 31
Enrolled HB 239 -52-
(d) In this section, 1
(1) "airbag" includes an airbag component; 2
(2) "counterfeit" means a replacement airbag displaying an 3
unauthorized mark that is identical, or substantially similar, to the genuine mark of a 4
motor vehicle manufacturer or supplier of parts to a motor vehicle manufacturer; 5
(3) "nonfunctioning" means a replacement airbag that 6
(A) is inoperable; 7
(B) is damaged; 8
(C) is recalled; 9
(D) has previously been deployed; 10
(E) will cause a vehicle's diagnostic system to inaccurately 11
indicate that the vehicle is equipped with a properly functioning airbag; or 12
(F) results in an electric fault detected by a vehicle's diagnostic 13
system after the installation procedure is complete; 14
(4) "recalled" means an airbag that was removed from a vehicle 15
because a manufacturer or federal agency determined the airbag created an 16
unreasonable safety risk or did not meet minimum safety standards and that federal 17
law has not exempted from reinstallation. 18
(e) Airbag fraud is 19
(1) a class A misdemeanor; or 20
(2) a class C felony if death or serious physical injury to another 21
person results from 22
(A) the manufacture, sale, importation, installation, or 23
reinstallation of a replacement airbag that does not comply with federal safety 24
regulations specific to the vehicle's make, model, and year or a counterfeit or 25
nonfunctioning airbag; or 26
(B) the sale, lease, or trade of a vehicle that has a replacement 27
airbag that does not comply with federal safety regulations specific to the 28
vehicle's make, model, and year or a counterfeit or nonfunctioning airbag. 29
* Sec. 68. AS 33.16.020(a) is amended to read: 30
(a) There is in the Department of Corrections a board of parole consisting of 31
-53- Enrolled HB 239
seven [FIVE] members appointed by the governor, subject to confirmation by a 1
majority of members of the legislature in joint session. 2
* Sec. 69. AS 33.16.020(b) is amended to read: 3
(b) Members of the board serve for staggered terms of five years and may not 4
serve more than two terms [UNTIL THEIR SUCCESSORS ARE APPOINTED]. 5
* Sec. 70. AS 33.16.030(b) is repealed and reenacted to read: 6
(b) The board consists of seven members, including 7
(1) one licensed physician, psychologist, or psychiatrist; 8
(2) one member with experience in the field of criminal justice; 9
(3) one member who has experience in providing drug or alcohol 10
addiction recovery support or who has personal experience with drug or alcohol 11
addiction; and 12
(4) one member of a federally recognized tribe in the state. 13
* Sec. 71. AS 33.16.030 is amended by adding a new subsection to read: 14
(d) In this section, 15
(1) "crime" means an offense for which a sentence of imprisonment is 16
authorized; a crime is either a felony or a misdemeanor; 17
(2) "federally recognized tribe" has the meaning given in 18
AS 23.20.520. 19
* Sec. 72. AS 33.16.100(g) is amended to read: 20
(g) When considering a prisoner for release on discretionary parole under 21
AS 33.16.090(a)(2), the board may release a prisoner if, taking into consideration the 22
prisoner's likelihood of recidivism given the prisoner's age, age at the time of the 23
offense, criminal history, behavior in prison, participation in treatment, and plans for 24
reentering the community, a reasonable probability exists that 25
(1) the prisoner will live and remain at liberty without violating any 26
laws or conditions imposed by the board; 27
(2) the prisoner's rehabilitation and reintegration into society will be 28
furthered by release on parole; 29
(3) the prisoner will not pose a threat of harm to the public if released 30
on parole; and 31
Enrolled HB 239 -54-
(4) release of the prisoner on parole would not diminish the 1
seriousness of the crime. 2
* Sec. 73. AS 33.30 is amended by adding a new section to read: 3
Sec. 33.30.068. Medical release for service of sentence by electronic 4
monitoring. (a) Notwithstanding other provisions of law, the commissioner may 5
authorize medical release for a prisoner if 6
(1) after evaluation, the chief medical officer for the department finds 7
that the prisoner 8
(A) has a terminal, permanent, or progressively degenerative 9
medical condition and, as a result of the condition, the prisoner will not pose a 10
threat of harm to the public if released on electronic monitoring; or 11
(B) is in poor health and, as a result, the prisoner will not pose 12
a threat of harm to the public if released on electronic monitoring; and 13
(2) the medical release will result in medical cost savings to the state. 14
(b) A prisoner approved for release under this section shall remain subject to 15
continuous electronic monitoring and supervision as directed by the commissioner. If 16
the electronic monitoring equipment would be detrimental to the prisoner's health, 17
would interfere with the functioning of the prisoner's medical equipment, or would 18
result in a loss of funding for the prisoner's medical care, the commissioner shall 19
require an alternative type of monitoring. The electronic monitoring shall be 20
administered by the department or by a private contractor approved by the department 21
under AS 33.30.011(a)(10)(B) and shall be designed so that any attempt to remove, 22
tamper with, or disable the monitoring equipment or to leave the place selected for the 23
service of the term or period will result in a report or notice to the department. 24
(c) A decision by the commissioner to authorize a prisoner for medical release 25
for service of sentence by electronic monitoring does not create a liberty interest in 26
that status for the prisoner. The commissioner may immediately revoke the medical 27
release and return the prisoner to a correctional facility if the prisoner no longer meets 28
the conditions of the medical release or if public safety concerns arise. 29
(d) The commissioner shall impose any conditions necessary to ensure public 30
safety on a prisoner authorized for medical release. 31
-55- Enrolled HB 239
(e) A prisoner convicted of AS 11.41.434 - 11.41.440, 11.41.455, or 1
AS 11.61.140(a)(6) is not eligible for medical release under this section. 2
* Sec. 74. AS 44.21.020 is amended to read: 3
Sec. 44.21.020. Duties of department. The Department of Administration 4
shall 5
(1) make surveys and studies to improve administrative procedures, 6
methods, and organization; 7
(2) keep general accounts; 8
(3) approve vouchers and disburse funds for all purposes; 9
(4) operate centralized purchasing and supply services, and necessary 10
storerooms and warehouses; 11
(5) [REPEALED 12
(6)] supervise telephone, mailing, messenger, duplicating, and similar 13
services adaptable to centralized management; 14
(6) [(7)] administer the public employees' retirement system and 15
teachers' retirement system; 16
(7) [(8)] administer a statewide personnel program, including central 17
personnel services such as recruitment, assessment, position classification, and pay 18
administration; 19
(8) [(9)] administer and supervise a statewide automatic data 20
processing program; 21
(9) [(10)] study, design, implement, and manage the 22
telecommunications systems and services of the state under AS 44.21.305 - 44.21.330; 23
(10) establish and administer the address confidentiality program 24
under AS 44.21.022 [(11) REPEALED]. 25
* Sec. 75. AS 44.21 is amended by adding a new section to read: 26
Sec. 44.21.022. Address confidentiality program. (a) The address 27
confidentiality program is established in the department to protect the confidentiality 28
of the address of an individual enrolled in the program. 29
(b) The department shall 30
(1) establish and administer the program; 31
Enrolled HB 239 -56-
(2) designate a post office box as a substitute mailing address for an 1
individual enrolled in the program; 2
(3) forward the mail of an individual enrolled in the program from the 3
post office box designated under (2) of this subsection to the individual's residential 4
street address, post office box, school address, or work address as specified on the 5
individual's application for enrollment in the program; 6
(4) maintain the confidentiality of the address of an individual enrolled 7
in the program; and 8
(5) adopt regulations establishing a procedure for a qualified individual 9
under (c) of this section to enroll in or withdraw from the program. 10
(c) The following individuals may enroll in the program: 11
(1) a victim of a crime involving domestic violence, stalking, or sexual 12
assault if 13
(A) a court has issued a protective order on behalf of the 14
victim; or 15
(B) the victim meets other standards set by the department; 16
(2) a guardian of a minor, if a court has issued a protective order on 17
behalf of the minor; 18
(3) a peace officer; 19
(4) a correctional officer; and 20
(5) a household member of an individual specified under (1) - (4) of 21
this subsection who is enrolled in the program. 22
(d) Notwithstanding (c) of this section, a person with a duty to register under 23
AS 12.63.010 may not enroll in the program. 24
(e) A state or municipal agency shall allow an individual enrolled in the 25
program to use the post office box designated by the department under (b)(2) of this 26
section as the individual's mailing address. 27
(f) The length of initial enrollment in the program is five years. If an 28
individual enrolled in the program does not renew the individual's enrollment in the 29
program every five years, the department shall remove the individual from the 30
program. The department shall remove an individual enrolled in the program if, during 31
-57- Enrolled HB 239
the time of the individual's enrollment in the program, the individual is required to 1
register under AS 12.63.010. 2
(g) The department may not collect a registration fee from an individual 3
qualified under (c) of this section to enroll in the program. 4
(h) The department shall disclose an individual's address to a peace officer in 5
response to a search warrant issued by a state or federal court. 6
(i) A person who discloses information that is confidential under this section 7
about an individual enrolled in the program under (c) of this section is guilty of a class 8
A misdemeanor if the person 9
(1) is authorized to access the address confidentiality program database 10
and recklessly discloses the information to the respondent of a protective order; 11
(2) is not authorized to access the address confidentiality program 12
database and knowingly discloses the information to the respondent of a protective 13
order; or 14
(3) accesses the address confidentiality program database without 15
authorization to access the database and recklessly discloses the information. 16
(j) In this section, 17
(1) "correctional officer" means a person 18
(A) appointed by the commissioner of corrections whose 19
primary duty under AS 33.30 is to provide custody, care, security, control, and 20
discipline of persons charged with or convicted of offenses against the state or 21
held under authority of state law; 22
(B) employed in a correctional facility in this state whose 23
primary duty is to provide custody, care, security, control, and discipline of 24
persons charged with or convicted of offenses or held under authority of law; 25
or 26
(C) employed full time in a municipal correctional facility 27
whose primary duty is to provide custody, care, security, control, and 28
discipline of persons charged with or convicted of offenses or held under 29
authority of law, and the correctional facility is located in a municipality that 30
has adopted AS 18.65.130 - 18.65.290 by ordinance under AS 18.65.285; 31
Enrolled HB 239 -58-
(2) "crime involving domestic violence" has the meaning given in 1
AS 18.66.990; 2
(3) "department" means the Department of Administration; 3
(4) "household member" means an adult or minor who lives in the 4
same residence as an individual enrolled in the program; 5
(5) "peace officer" has the meaning given in AS 01.10.060; 6
(6) "program" means the address confidentiality program. 7
* Sec. 76. AS 44.23.080(a) is amended to read: 8
(a) If there is reasonable cause to believe that an Internet service account has 9
been used in connection with a violation of AS 11.41.452, 11.41.455, AS 11.61.121, 10
11.61.122, or 11.61.125 - 11.61.128 [OR AS 11.61.125 - 11.61.128], and that the 11
identity, address, and other information about the account owner will assist in 12
obtaining evidence that is relevant to the offense, a law enforcement officer may apply 13
to the attorney general or the attorney general's designee for an administrative 14
subpoena to obtain the business records of the Internet service provider located inside 15
or outside of the state. 16
* Sec. 77. AS 44.28 is amended by adding a new section to read: 17
Sec. 44.28.040. Tribal liaison. The Department of Corrections shall employ at 18
least one person in the department to act as a tribal liaison and facilitate internal 19
communication and collaboration relating to cultural programs and processes and to 20
interact between communities in the state and federally recognized tribes. 21
* Sec. 78. AS 44.41.065(a) is amended to read: 22
(a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual 23
assault examination kit is used to gather evidence under AS 18.68.010, [THE 24
AGENCY SHALL] 25
(1) a health care provider that gathers the evidence shall, not later 26
than 14 days after gathering the evidence, notify the appropriate law 27
enforcement agency that the sexual assault examination kit is available to be sent 28
to an accredited laboratory in coordination with the Department of Public Safety 29
or a laboratory operated by the Department of Public Safety; 30
(2) a law enforcement agency that gathers the evidence or that 31
-59- Enrolled HB 239
receives notification of evidence gathered by a health care provider under (1) of 1
this subsection shall, 2
(A) not later than 20 [WITHIN 30] days after gathering the 3
evidence or receiving the notification from the health care provider [THE 4
AGENCY COLLECTS THE SEXUAL ASSAULT EXAMINATION KIT], 5
send the sexual assault examination kit to an accredited laboratory in 6
coordination with the Department of Public Safety or a laboratory operated by 7
the Department of Public Safety; and 8
(B) not later than 14 days [(2) ENSURE THAT THE 9
LABORATORY TO WHICH THE SEXUAL ASSAULT EXAMINATION 10
KIT IS SENT UNDER (1) OF THIS SUBSECTION CONDUCTS A 11
SEROLOGICAL OR DNA TEST ON THE SEXUAL ASSAULT 12
EXAMINATION KIT WITHIN SIX MONTHS AFTER THE 13
LABORATORY RECEIVES THE SEXUAL ASSAULT EXAMINATION 14
KIT; AND 15
(3) WITHIN TWO WEEKS] after the laboratory that receives the 16
sexual assault examination kit under [(1) OF] this subsection completes serological or 17
DNA testing, make a reasonable effort to notify the victim from whom the sexual 18
assault examination kit was collected that the sexual assault examination kit has been 19
tested; and 20
(3) a laboratory to which the sexual assault examination kit is sent 21
under (2) of this subsection shall, not later than 120 days after receiving the 22
sexual assault examination kit, conduct a serological or DNA test on the sexual 23
assault examination kit. 24
* Sec. 79. AS 44.41.065(b) is amended to read: 25
(b) A criminal action may not be dismissed nor the evidence deemed 26
nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 27
(2)] of this section. 28
* Sec. 80. AS 44.41.065(c) is amended to read: 29
(c) If a case is resolved before a sexual assault examination kit is tested, a 30
health care provider, law enforcement agency, or laboratory in possession of the 31
Enrolled HB 239 -60-
sexual assault examination kit is not required to meet the time limits established in 1
(a) of this section. 2
* Sec. 81. AS 44.41.065(d)(1) is amended to read: 3
(1) "law enforcement agency" has [AND "AGENCY" HAVE] the 4
meaning given [TO "LAW ENFORCEMENT AGENCY"] in AS 12.36.090; 5
* Sec. 82. AS 44.41.065 is amended by adding a new subsection to read: 6
(e) A health care provider, law enforcement agency, or laboratory in 7
possession of a sexual assault examination kit shall enter information specified by the 8
Department of Public Safety into the sexual assault examination kit tracking system 9
under AS 44.41.067. The information must be entered at the time and in the form and 10
manner specified by the Department of Public Safety. 11
* Sec. 83. AS 44.41 is amended by adding a new section to read: 12
Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 13
Department of Public Safety shall develop and operate a sexual assault examination 14
kit tracking system to track the status and location of a sexual assault examination kit 15
from the point of evidence collection to serological or DNA testing. 16
(b) The sexual assault examination kit tracking system must allow the victim 17
from whom the sexual assault examination kit was collected to access the tracking 18
information associated with the kit and, if the victim chooses, receive automated 19
notifications of the status of the kit. 20
(c) The sexual assault examination kit tracking system is confidential and is 21
not a public record under AS 40.25.110 - 40.25.140, except that the Department of 22
Public Safety may include information from the tracking system in the report required 23
under AS 44.41.070. 24
* Sec. 84. AS 47.12.110(d) is amended to read: 25
(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 26
the adjudication of a minor as a delinquent shall be open to the public, except as 27
prohibited or limited by order of the court, if 28
(1) the department files with the court a motion asking the court to 29
open the hearing to the public, and the petition seeking adjudication of the minor as a 30
delinquent is based on 31
-61- Enrolled HB 239
(A) the minor's alleged commission of an offense, and the 1
minor has knowingly failed to comply with all the terms and conditions 2
required of the minor by the department or imposed on the minor in a court 3
order entered under AS 47.12.040(a)(2) or 47.12.120; 4
(B) the minor's alleged commission of 5
(i) a crime against a person that is punishable as a 6
felony; 7
(ii) a crime in which the minor employed a deadly 8
weapon, as that term is defined in AS 11.81.900(b), in committing the 9
crime; 10
(iii) arson under AS 11.46.400 - 11.46.410; 11
(iv) burglary under AS 11.46.300; 12
(v) distribution of child sexual abuse material under 13
AS 11.61.125; 14
(vi) sex trafficking in the first degree under 15
AS 11.66.110; 16
(vii) distribution of generated obscene child sexual 17
abuse material under AS 11.61.121; or 18
(viii) [OR (vii)] misconduct involving a controlled 19
substance under AS 11.71 involving the delivery of a controlled 20
substance or the possession of a controlled substance with intent to 21
deliver, other than an offense under AS 11.71.040 or 11.71.050; or 22
(C) the minor's alleged commission of a felony and the minor 23
was 16 years of age or older at the time of commission of the offense when the 24
minor has previously been convicted or adjudicated a delinquent minor based 25
on the minor's commission of an offense that is a felony; or 26
(2) the minor agrees to a public hearing on the petition seeking 27
adjudication of the minor as a delinquent. 28
* Sec. 85. AS 47.12.315(a) is amended to read: 29
(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 30
section, the department shall disclose information to the public, on request, concerning 31
Enrolled HB 239 -62-
a minor subject to this chapter who was at least 13 years of age at the time of 1
commission of 2
(1) a felony offense against a person under AS 11.41; 3
(2) arson in the first or second degree; 4
(3) burglary in the first degree; 5
(4) distribution of child sexual abuse material; 6
(5) sex trafficking in the first degree; 7
(6) misconduct involving a controlled substance in the first, second, or 8
third degrees involving distribution or possession with intent to deliver; [OR] 9
(7) misconduct involving weapons in the first through fourth degrees; 10
or 11
(8) distribution of generated obscene child sexual abuse material 12
under AS 11.61.121. 13
* Sec. 86. AS 11.41.436(a)(6), 11.41.440(a)(2); AS 12.63.100(7)(C)(ii); and 14
AS 44.41.070(a) are repealed. 15
* Sec. 87. AS 12.62.160(f)(4) is repealed January 1, 2028. 16
* Sec. 88. The uncodified law of the State of Alaska is amended by adding a new section to 17
read: 18
APPLICABILITY. (a) The following sections apply to offenses committed on or after 19
the effective date of those sections: 20
(1) AS 09.55.650(a), as amended by sec. 1 of this Act; 21
(2) AS 11.41.100(a), as amended by sec. 2 of this Act; 22
(3) AS 11.41.110(a), as amended by sec. 3 of this Act; 23
(4) AS 11.41.220(a), as amended by sec. 4 of this Act; 24
(5) AS 11.41.220(b), as amended by sec. 5 of this Act; 25
(6) AS 11.41.260(a), as amended by sec. 6 of this Act; 26
(7) AS 11.41.410(a), as amended by sec. 7 of this Act; 27
(8) AS 11.41.420(a), as amended by sec. 8 of this Act; 28
(9) AS 11.41.434(a), as amended by sec. 9 of this Act; 29
(10) AS 11.41.436(a), as amended by sec. 10 of this Act; 30
(11) AS 11.41.438(a), as amended by sec. 11 of this Act; 31
-63- Enrolled HB 239
(12) AS 11.41.452(a), as amended by sec. 12 of this Act; 1
(13) AS 11.41.452(b), as amended by sec. 13 of this Act; 2
(14) AS 11.41.452(c), as amended by sec. 14 of this Act; 3
(15) AS 11.41.452(e), as amended by sec. 15 of this Act; 4
(16) AS 11.41.455(a), as amended by sec. 16 of this Act; 5
(17) AS 11.41.458(b), as amended by sec. 17 of this Act; 6
(18) AS 11.41.460(b), as amended by sec. 18 of this Act; 7
(19) AS 11.46.140(a), as amended by sec. 19 of this Act; 8
(20) AS 11.46.140(c), enacted by sec. 20 of this Act; 9
(21) AS 11.51.100(a), as amended by sec. 21 of this Act; 10
(22) AS 11.61.116(a), as amended by sec. 22 of this Act; 11
(23) AS 11.61.118(a), as amended by sec. 23 of this Act; 12
(24) AS 11.61.120(a), as amended by sec. 24 of this Act; 13
(25) AS 11.61.124(a), as amended by sec. 26 of this Act; 14
(26) AS 11.61.124(b), as amended by sec. 27 of this Act; 15
(27) AS 11.61.125(b), as amended by sec. 28 of this Act; 16
(28) AS 11.61.125(e), as amended by sec. 29 of this Act; 17
(29) AS 11.61.127(a), as amended by sec. 30 of this Act; 18
(30) AS 11.61.127(b), as amended by sec. 31 of this Act; 19
(31) AS 11.61.128(a), as amended by sec. 32 of this Act; 20
(32) AS 11.61.128(b), as amended by sec. 33 of this Act; 21
(33) AS 11.61.128(c), as amended by sec. 34 of this Act; 22
(34) AS 11.61.128(e), as amended by sec. 35 of this Act; 23
(35) AS 11.61.129(a), as amended by sec. 36 of this Act; 24
(36) AS 11.61.140(a), as amended by sec. 37 of this Act; 25
(37) AS 11.61.140(g), as amended by sec. 38 of this Act; 26
(38) AS 11.61.140(h), as amended by sec. 39 of this Act; 27
(39) AS 11.66.100(c), as amended by sec. 40 of this Act; 28
(40) AS 12.45.046(a), as amended by sec. 43 of this Act; 29
(41) AS 12.55.127(c), as amended by sec. 50 of this Act; 30
(42) AS 28.35.060(b), as amended by sec. 64 of this Act; 31
Enrolled HB 239 -64-
(43) AS 28.35.060(c), as amended by sec. 65 of this Act; 1
(44) AS 28.35.060(d), enacted by sec. 66 of this Act. 2
(b) The following sections apply to sentences imposed on or after the effective date of 3
those sections for conduct occurring on or after the effective date of those sections: 4
(1) AS 12.55.078(f), as amended by sec. 44 of this Act; 5
(2) AS 12.55.085(f), as amended by sec. 45 of this Act; 6
(3) AS 12.55.125(b), as amended by sec. 47 of this Act; 7
(4) AS 12.55.125(d), as amended by sec. 48 of this Act; 8
(5) AS 12.55.125(i), as amended by sec. 49 of this Act; 9
(6) AS 12.55.145(a), as amended by sec. 52 of this Act; 10
(7) AS 12.55.155(c), as amended by sec. 53 of this Act; 11
(8) AS 12.55.185(16), as amended by sec. 54 of this Act; 12
(9) AS 12.62.900(22), as amended by sec. 58 of this Act; 13
(10) AS 12.63.020(a), as amended by sec. 59 of this Act; 14
(11) AS 12.63.100(7), as amended by sec. 60 of this Act; 15
(12) AS 14.20.030(b), as amended by sec. 61 of this Act. 16
(c) AS 18.66.250(5), as amended by sec. 62 of this Act, applies to communications 17
made before, on, or after the effective date of sec. 62 of this Act for offenses committed 18
before, on, or after the effective date of sec. 62 of this Act. 19
(d) AS 33.16.100(g), as amended by sec. 72 of this Act, and AS 33.30.068, enacted 20
by sec. 73 of this Act, apply to prisoners incarcerated before, on, or after the effective date of 21
secs. 72 and 73 of this Act. 22
* Sec. 89. The uncodified law of the State of Alaska is amended by adding a new section to 23
read: 24
TRANSITION; APPOINTMENTS. (a) Notwithstanding AS 33.16.020(b), as 25
amended by sec. 69 of this Act, a member of the board on the effective date of sec. 69 of this 26
Act who has previously served two or more terms or is currently serving a second term may 27
finish the term to which the member was appointed, but may not be reappointed. 28
(b) Notwithstanding AS 33.16.030(b), as repealed and reenacted by sec. 70 of this 29
Act, a member of the board on the effective date of sec. 70 of this Act may continue to serve 30
the term to which the member was appointed. 31
-65- Enrolled HB 239
(c) In this section, "board" means the board of parole. 1
* Sec. 90. The uncodified law of the State of Alaska is amended by adding a new section to 2
read: 3
TRANSITION: REGULATIONS. The Department of Administration may adopt 4
regulations necessary to implement AS 44.21.022, enacted by sec. 75 of this Act. The 5
regulations take effect under AS 44.62 (Administrative Procedure Act) but not before the 6
effective date of the law being implemented by the regulation. 7
* Sec. 91. Section 90 of this Act takes effect immediately under AS 01.10.070(c). 8
* Sec. 92. Sections 56, 57, and 68 - 71 of this Act take effect January 1, 2027. 9
* Sec. 93. Section 87 of this Act takes effect January 1, 2028. 10
* Sec. 94. Except as provided in secs. 91 - 93 of this Act, this Act takes effect July 1, 2026. 11