HB 49 — An Act relating to criminal law and procedure; relating to marriage as a defense to certain crimes of sexual assault; establishing the crime of possession of motor vehicle theft tools; relating to controlled substances; relating to electronic monitoring; relating to probation and parole; relating to sentencing; amending the definitions of 'most serious felony,' 'sex offense,' and 'sex offender'; relating to registration of sex offenders; relating to the automated victim notification system; relating to reporting child abuse or neglect; relating to Alaska Native organizations; relating to the village public safety officer program; relating to cancellation of a driver's license; relating to driving while license canceled; relating to operating under the influence; relating to restoration of a driver's license; relating to refusal to submit to a chemical test; relating to the use of headlights; relating to the powers and duties of the commissioner of corrections; relating to pretrial services; relating to the duties of a prosecuting attorney; relating to testing of sexual assault examination kits; relating to reports of involuntary commitment; amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal Procedure; and providing for an effective date.

1408 (4) knowingly engages in conduct that results in the death of an unborn 1509 child under circumstances manifesting an extreme indifference to the value of human 1610 life;

for purposes of this paragraph, a pregnant woman's decision to remain in a 1711 relationship in which domestic violence, as defined in AS 18.66.990, has occurred 1812 does not constitute conduct manifesting an extreme indifference to the value of human 1913 life.

20 * Sec.

3.

AS 11.41.432(a) is amended to read:

21 (a) It is a defense to a crime charged under [AS 11.41.410(a)(3), 22 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, OR 11.41.427 THAT THE OFFENDER 23 IS] 24 (1) AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, 25 or 11.41.427 that the offender is mentally incapable;

or 26 (2) AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3)(A), 27 11.41.425(a)(1)(A), 11.41.425(a)(2) - (6), or 11.41.427 that the offender is married 28 to the person and neither party has filed with the court for a separation, divorce, or 29 dissolution of the marriage.

30 * Sec.

4.

AS 11.41.452(a) is amended to read:

31 (a) A person commits the crime of [ONLINE] enticement of a minor if the person, being 18 years of age or older, knowingly communicates [USES A 02 COMPUTER TO COMMUNICATE] with another person to entice, solicit, or 03 encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and 04 (1) the other person is a child under 16 years of age;

or 05 (2) the person believes that the other person is a child under 16 years 06 of age.

07 * Sec.

5.

AS 11.41.452(d) is amended to read:

08 (d) Except as provided in (e) of this section, [ONLINE] enticement of a minor 09 is a class B felony.

10 * Sec.

6.

AS 11.41.452(e) is amended to read:

11 (e) Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if 12 the defendant was, at the time of the offense, required to register as a sex offender or 13 child kidnapper under AS 12.63 or a similar law of another jurisdiction.

7.3.

or 07 (7) the property is an access devicedevice. or identification document.

8.4.

9.5.

10.6.

11.7.

12.8.

13.9.

14.10.

AS 11.46.28511.46.285(b) is amended to read:

24 Sec.(b) Fraudulent use of an access device is 25 (1) a class B felony if the value of the property or services obtained is 26 $25,000 or more;

11.46.285.27 (2) a class C felony if the value of the property or services obtained [, 28 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more 29 but less than $25,000;

Fraudulent30 use(3) ofa anclass accessA devicemisdemeanor if the value of the property or identificationservices 2531 document.obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750.

(a)02 A* personSec. commits the crime of fraudulent use of an access device or 26 identification document if, with intent to defraud, the person uses an access device or 27 identification document to obtain property or services with knowledge that 28 (1) the access device or identification document is stolen or forged;

2911. (2) the access device or identification document is expired or has 30 been revoked or cancelled;

or 31 (3) for any other reason, that person's use of the access device or identification document is unauthorized by either the issuer or the person to whom 02 the access device or identification document is issued.

03 (b) Fraudulent use of an access device or identification document is 04 (1) a class B felony if the value of the property or services obtained is 05 $25,000 or more;

06 (2) a class C felony if the value of the property or services obtained [, 07 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $75 [$750] or 08 more but less than $25,000;

09 (3) a class A misdemeanor if the value of the property or services 10 obtained [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 11 than $75 [$750].

12 * Sec.

15.

1303 Sec.

For purposes of considering prior 1404 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 1505 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under 1606 AS 11.46.220(c), 1707 (1) a conviction for an offense under another law or ordinance with 1808 similar elements is a conviction of an offense having elements similar to those of an 1909 offense defined as such under Alaska law at the time the offense was committed;

2010 (2) a conviction for an offense under Alaska law where the value of the 2111 property or services for the offense was lower than the value of property or services 2212 for the offense under current Alaska law is a prior conviction for that offense;

and 2313 (3) the court shall consider the date of a prior conviction as occurring 2414 on the date that sentence is imposed for the prior offense.

2515 * Sec.

16.12.

2616 (a) A person commits the crime of vehicle theft in the first degree if, having 2717 no right to do so or any reasonable ground to believe the person has such a right, the 2818 person drives, tows away, or takes 2919 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 3020 of another;

3121 (2) the propelled vehicle of another and 22 (A) the vehicle or any other property of another is damaged in a 0223 total amount [, ADJUSTED FOR INFLATION AS PROVIDED IN 0324 AS 11.46.982,] of $750 or more;

0425 (B) the owner incurs reasonable expenses as a result of the loss 0526 of use of the vehicle, in a total amount [, ADJUSTED FOR INFLATION AS 0627 PROVIDED IN AS 11.46.982,] of $750 or more;

or 0728 (C) the owner is deprived of the use of the vehicle for seven 0829 days or more;

0930 (3) the propelled vehicle of another and the vehicle is marked as a 1031 police or emergency vehicle;

or 11 (4) the propelled vehicle of another and, within the preceding seven 1202 years, the person was convicted under 1303 (A) this section or AS 11.46.365;

1404 (B) former AS 11.46.482(a)(4) or (5);

1505 (C) former AS 11.46.484(a)(2);

1606 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 1707 of a propelled vehicle;

or 1808 (E) a law or ordinance of this or another jurisdiction with 1909 elements substantially similar to those of an offense described in (A) - (D) of 2010 this paragraph.

2111 * Sec.

13.

AS 11.46.482(a) is amended to read:

12 (a) A person commits the crime of criminal mischief in the third degree if, 13 having no right to do so or any reasonable ground to believe the person has such a 14 right, 15 (1) with intent to damage property of another, the person damages 16 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 17 IN AS 11.46.982,] of $750 or more;

18 (2) the person recklessly creates a risk of damage in an amount 19 exceeding $100,000 to property of another by the use of widely dangerous means;

or 20 (3) the person knowingly 21 (A) defaces, damages, or desecrates a cemetery or the contents 22 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 23 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 24 memorial appears to be abandoned, lost, or neglected;

25 (B) removes human remains or associated burial artifacts from 26 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 27 tomb, grave, or memorial appears to be abandoned, lost, or neglected.

28 * Sec.

14.

AS 11.46.484(a) is amended to read:

29 (a) A person commits the crime of criminal mischief in the fourth degree if, 30 having no right to do so or any reasonable ground to believe the person has such a 31 right, (1) with intent to damage property of another, the person damages 02 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 03 IN AS 11.46.982,] of $250 or more but less than $750;

04 (2) the person tampers with a fire protection device in a building that is 05 a public place;

06 (3) the person knowingly accesses a computer, computer system, 07 computer program, computer network, or part of a computer system or network;

08 (4) the person uses a device to descramble an electronic signal that has 09 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 10 device is used only to descramble signals received directly from a satellite or unless 11 the person owned the device before September 18, 1984;

or 12 (5) the person knowingly removes, relocates, defaces, alters, obscures, 13 shoots at, destroys, or otherwise tampers with an official traffic control device or 14 damages the work on a highway under construction.

15 * Sec.

15.

AS 11.46.486(a) is amended to read:

16 (a) A person commits the crime of criminal mischief in the fifth degree if, 17 having no right to do so or any reasonable ground to believe the person has such a 18 right, 19 (1) with reckless disregard for the risk of harm to or loss of the 20 property or with intent to cause substantial inconvenience to another, the person 21 tampers with property of another;

22 (2) with intent to damage property of another, the person damages 23 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 24 IN AS 11.46.982,] less than $250;

or 25 (3) the person rides in a propelled vehicle and, with criminal 26 negligence, disregards the fact that it has been stolen or that it is being used in 27 violation of AS 11.46.360 or 11.46.365(a)(1).

28 * Sec.

16.

AS 11.46.530(b) is amended to read:

29 (b) Criminal simulation is 30 (1) a class C felony if the value of what the object purports to represent 31 [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more;

02 (2) a class A misdemeanor if the value of what the object purports to 03 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is 04 $250 or more but less than $750;

05 (3) a class B misdemeanor if the value of what the object purports to 06 represent [, ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less 07 than $250.

08 * Sec.

AS 11.4611.46.620(d) is amended by adding a new section to article 3 to read:

2209 Sec.(d) Misapplication of property is 10 (1) a class C felony if the value of the property misapplied [, 11 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is $750 or more;

11.46.370.12 (2) a class A misdemeanor if the value of the property misapplied [, 13 ADJUSTED FOR INFLATION AS PROVIDED IN AS 11.46.982,] is less than $750.

Possession14 of* motorSec. vehicle theft tools.

(a) A person commits 23 the crime of possession of motor vehicle theft tools if the person possesses a motor 24 vehicle theft tool with intent to use or permit use of the tool in the commission of 25 vehicle theft.

26 (b) In this section, 27 (1) "altered or shaved key" means a key altered by cutting, filing, or 28 other means to fit multiple vehicles or vehicles other than vehicles for which the key 29 was originally manufactured;

30 (2) "motor vehicle theft tool" includes a slim jim, master key, altered 31 or shaved key, trial or jiggler key, lock puller, electronic unlocking device, or similar device adapted or designed for use in committing vehicle theft;

02 (3) "trial or jiggler key" means a key designed or altered to manipulate 03 a vehicle locking mechanism other than the lock for which the key was originally 04 manufactured.

05 (c) Possession of motor vehicle theft tools is a class A misdemeanor.

06 * Sec.

AS 11.46.482(a)11.46.730(c) is amended to read:

0715 (a)(c) ADefrauding personcreditors commitsis thea crimeclass ofA criminalmisdemeanor mischiefunless inthat thesecured thirdparty, degree16 if,judgment 08creditor, havingor nocreditor rightincurs toa dopecuniary soloss or[, anyADJUSTED reasonableFOR ground17 toINFLATION believeAS thePROVIDED personIN hasAS such11.46.982,] aof 09$750 right,or 10more (1)as witha intentresult to damage property of another, the person18 damagesdefendant's 11conduct, propertyin ofwhich anothercase indefrauding ansecured amountcreditors [,is ADJUSTED19 FOR(1) INFLATIONa ASclass PROVIDEDB 12felony INif ASthe 11.46.982,]loss ofis $750$25,000 or more;

1320 (2) thea personclass recklesslyC createsfelony aif riskthe ofloss damage[, inADJUSTED anFOR amountINFLATION 14AS exceeding21 $100,000PROVIDED toIN propertyAS of11.46.982,] anotheris by$750 theor usemore ofbut widelyless dangerousthan means;$25,000.

or22 15* (3)Sec. the person knowingly 16 (A) defaces, damages, or desecrates a cemetery or the contents 17 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 18 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 19 memorial appears to be abandoned, lost, or neglected;

20 (B) removes human remains or associated burial artifacts from 21 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 22 tomb, grave, or memorial appears to be abandoned, lost, or neglected.

23 * Sec.

AS 11.46.484(a)11.56.310(a) is amended to read:

2423 (a) AOne person commits the crime of criminalescape mischief in the fourthsecond degree if, 25without havinglawful no24 rightauthority, toone do25 so(1) orremoves anyoneself reasonablefrom ground26 to(A) believea thesecure personcorrectional hasfacility suchwhile aunder 26official right,detention 27 (1)for witha intentmisdemeanor; to damage property of another, the person damages 28 property of another in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 29 IN AS 11.46.982,] of $250 or more but less than $750;

3028 (2)(B) theofficial persondetention tampersfor with a firefelony protectionor devicefor inextradition; a building that is 31 a public place;

(3)or the29 person(C) knowinglyofficial accessesdetention aand, computer,during computerthe system,escape 02or computerat program,any computertime network,30 orbefore partbeing ofrestored ato computerofficial systemdetention, one possesses on or network;about oneself a 31 firearm;

03(2) (4)violates theAS person11.56.335 usesor a11.56.340 deviceand, toduring descramblethe antime electronicof signalthe that02 hasunlawful 04evasion been scrambled to prevent unauthorized receipt or viewingat ofany thetime signalbefore unlessbeing therestored 05 device is used only to descrambleofficial signalsdetention, receivedone directly03 frompossesses aon satellite or unlessabout 06oneself thea personfirearm; owned the device before September 18, 1984;

or 0704 (5)(3) thewhile personunder knowinglyofficial removes,detention relocates,for defaces,a alters,felony, obscures,05 08(A) shootsremoves, at, destroys, or otherwise tampers withwith, an official traffic control device or 09disables damages the workelectronic on06 amonitoring highwayequipment; under construction.

[,] or 07 (B) without prior authorization, leaves one's residence or 08 other place designated by the commissioner of corrections or commissioner of 09 health and social services for [THE] service by electronic monitoring [OF 10 *OFFICIAL Sec.DETENTION FOR A FELONY].

11 * Sec.

AS 11.46.486(a)11.56.320(a) is amended to read:

1112 (a) AOne person commits the crime of criminalescape mischief in the fifththird degree if,if 12one having no right to do so or any reasonable ground to believe the person has such a 13 right, 14 (1) withremoves recklessoneself disregardfrom forofficial thedetention riskduring ofany harmlawful to14 ormovement loss of the 15 property or withactivity intentincident to causeconfinement substantialwithin inconveniencea tocorrectional another,facility thefor persona 1615 tampersmisdemeanor; with property of another;

17[OR] 16 (2) withviolates intentAS to11.56.335 damageor property11.56.340 ofand another,leaves theor personattempts damagesto 18leave property17 ofthe anotherstate; in an amount [, ADJUSTED FOR INFLATION AS PROVIDED 19 IN AS 11.46.982,] less than $250;

or18 20 (3) thewhile personunder ridesofficial indetention for a propelledmisdemeanor, vehicle19 and,(A) withremoves, criminaltampers 21with, negligence,or disregardsdisables the factelectronic that20 itmonitoring hasequipment; been stolen or that it is being used in 22 violation of AS 11.46.360 or 11.46.365(a)(1).

or 21 (B) without prior authorization, leaves one's residence or 22 other place designated by the commissioner of corrections or 23 *commissioner Sec.of health and social services for service by electronic 24 monitoring;

or 25 (4) while on release under AS 12.30, 26 (A) removes, tampers with, or disables the electronic 27 monitoring equipment;

or 28 (B) without prior authorization, leaves one's residence or 29 other place designated by a judicial officer as a condition of release.

30 * Sec.

AS 11.46.530(b)11.56.730(a) is amended to read:

2431 (b)(a) CriminalA simulationperson iscommits 25the (1)crime a[OFFENSE] classof Cfailure felonyto appear if the valueperson of(1) whatis thereleased objectunder purportsthe toprovisions representof 26 [, ADJUSTED FOR INFLATION AS PROVIDED12.30; IN AS 11.46.982,] is $750 or 27 more;

2802 (2) aknows classthat A misdemeanor if the valueperson ofis whatrequired the object purports to 29appear representbefore [,a ADJUSTEDcourt FORor INFLATION03 ASjudicial PROVIDEDofficer INat ASthe 11.46.982,]time isand 30place $250of ora morescheduled buthearing; less than $750;

31and 04 (3) awith classcriminal Bnegligence misdemeanordoes ifnot theappear valuebefore of what the objectcourt purportsor to05 representjudicial [,officer ADJUSTEDat FORthe INFLATIONtime ASand PROVIDEDplace INof ASthe 11.46.982,]scheduled ishearing. less 02 than $250.

0306 * Sec.

AS 11.46.620(d)11.56.730(d) is amended to read:

0407 (d) MisapplicationFailure ofto propertyappear is 05a 08 (1) a class C felony if the valueperson was released in connection with a 09 charge of thea propertyfelony misappliedor [,while 06awaiting ADJUSTEDsentence FORor INFLATIONappeal ASafter PROVIDEDconviction INof ASa 11.46.982,]felony is10 $750[AND orTHE more;PERSON 11 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 12 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 13 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 14 HEARING;

07OR (2)15 a(B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 16 SCHEDULED HEARING TO AVOID PROSECUTION;] 17 (2) class A misdemeanor if the valueperson ofwas thereleased propertyin misappliedconnection [,with 0818 ADJUSTED(A) FORa INFLATIONcharge ASof PROVIDEDa INmisdemeanor, ASwhile 11.46.982,]awaiting issentence lessor than19 $750.appeal after conviction of a misdemeanor;

09or *20 Sec.(B) [, OR IN CONNECTION WITH] a requirement to appear 21 as a material witness in a criminal proceeding [, AND THE PERSON 22 (A) DOES NOT MAKE CONTACT WITH THE COURT OR 23 A JUDICIAL OFFICER WITHIN 30 DAYS AFTER THE PERSON DOES 24 NOT APPEAR AT THE TIME AND PLACE OF A SCHEDULED 25 HEARING;

OR 26 (B) DOES NOT APPEAR AT THE TIME AND PLACE OF A 27 SCHEDULED HEARING TO AVOID PROSECUTION;

OR 28 (3) VIOLATION PUNISHABLE BY A FINE OF UP TO $1,000].

29 * Sec.

AS 11.46.730(c)11.56.757(b) is amended to read:

1030 (c)(b) DefraudingViolation creditors is a class A misdemeanor unless that secured party, 11 judgment creditor, or creditor incurs a pecuniary loss [, ADJUSTED FOR 12 INFLATION AS PROVIDED IN AS 11.46.982,] of $750condition or more as a result of therelease 13 defendant's conduct, in which case defrauding secured creditors is 1431 (1) a class BA felonymisdemeanor if the lossperson is $25,000released from a charge or more;conviction of a felony;

1502 (2) a class CB felonymisdemeanor if the lossperson [,is ADJUSTEDreleased FORfrom INFLATIONa AScharge 16 PROVIDED IN AS 11.46.982,] is $750 or more03 butconviction lessof thana $25,000.misdemeanor.

1704 * Sec.

AS 11.46.98011.56.760(a) is amended by adding a new subsection to read:

1805 (e)(a) InA determiningperson commits the degreecrime orof classificationviolating ofan aorder crimeto undersubmit thisto chapter,DNA iftesting 1906 theif, combinedwhen valuerequested by a health care professional acting on behalf of the propertystate orto servicesprovide taken07 froma oneblood orsample, moreoral personssample, or 20both, commercialor establishmentswhen withinrequested by a periodjuvenile ofor 180adult days08 iscorrectional, $750probation, or moreparole butofficer lessor thana 21peace $25,000,officer to provide an oral sample, 09 the valueperson mayrefuses beto aggregated.provide the sample or samples and the person 10 (1) has been ordered to submit to DNA testing as part of a sentence 11 imposed under AS 12.55.015;

2212 *(2) Sec.has been convicted of an offense that requires DNA testing under 13 the provisions of AS 44.41.035(b)(1) and (2);

[AS 44.41.035;

OR] 14 (3) is required to register as a sex offender or child kidnapper under 15 AS 12.63;

or 16 (4) has been arrested for an offense that requires DNA testing 17 under the provisions of AS 44.41.035(b)(6).

18 * Sec.

AS 11.56.810(a)11.56.760(c) is amended to read:

2319 (a)(c) AViolating personan commitsorder theto crimesubmit of terroristic threatening in the second degree 24 if the person knowingly communicates a threat [MAKES A FALSE REPORT 25 THAT A CIRCUMSTANCE] 26 (1) to commitDNA atesting crimeunder against(a)(1) a- person(3) or property with reckless 27 disregard of thethis risk20 ofsection [DANGEROUSis TOa HUMANclass LIFEC EXISTSfelony. OR IS ABOUT 28 TO EXIST AND] 29 (A) causing the [A PERSON IS PLACED IN REASONABLE 30 FEAR OF PHYSICAL INJURY TO ANY PERSON;

(B)21 CAUSES]* 31Sec. evacuation of a building, public place or area, business premises, or mode of public transportation;

02 (B) causing [(C) CAUSES] serious public inconvenience;

or 03 (C) placing the public or a substantial group of the public 04 in fear of serious injury [(D) THE REPORT CLAIMS THAT A 05 BACTERIOLOGICAL, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 06 SUBSTANCE THAT IS CAPABLE OF CAUSING SERIOUS PHYSICAL 07 INJURY HAS BEEN SENT OR IS PRESENT IN A BUILDING, PUBLIC 08 PLACE OR AREA, BUSINESS PREMISES, OR MODE OF PUBLIC 09 TRANSPORTATION];

or 10 (2) that a circumstance exists or is about to exist that is dangerous to 11 the proper or safe functioning of an oil or gas pipeline or supporting facility, utility, or 12 transportation or cargo facility;

in this paragraph, "oil or gas pipeline or supporting 13 facility" and "utility" have the meanings given in AS 11.46.495.

14 * Sec.

AS 11.61.120(a)11.56.760 is amended by adding a new subsection to read:

1522 (a)(d) AViolating personan commitsorder theto crimesubmit of harassment in the second degree if, with 16 intent to harassDNA ortesting annoyunder another(a)(4) person,of thatthis personsection 17is (1)23 insults, taunts, or challenges another person in a mannerclass likelyA tomisdemeanor. 18 provoke an immediate violent response;

1924 (2)* telephonesSec. another and fails to terminate the connection with intent 20 to impair the ability of that person to place or receive telephone calls;

21 (3) makes repeated telephone calls at extremely inconvenient hours;

22 (4) makes an anonymous or obscene telephone call, an obscene 23 electronic communication, or a telephone call or electronic communication that 24 threatens physical injury or sexual contact;

25 (5) subjects another person to offensive physical contact;

26 (6) except as provided in AS 11.61.116, publishes or distributes 27 electronic or printed photographs, pictures, or films that show the genitals, anus, or 28 female breast of the other person or show that person engaged in a sexual act;

[OR] 29 (7) repeatedly sends or publishes an electronic communication that 30 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 31 that places the person in reasonable fear of physical injury;

or (8) under circumstances not proscribed under AS 11.41.455 or 02 AS 11.61.125, repeatedly sends to another person, publishes, or distributes 03 electronic or printed photographs, pictures, or films that show the genitals of any 04 person.

05 * Sec.

AS 11.7111.56.810(a) is amendedrepealed byand addingreenacted a new section to read:

0625 Sec.(a) A person commits the crime of terroristic threatening in the second degree 26 if the person 27 (1) communicates a threat to commit any crime against any person or 28 property with reckless disregard of the risk of 29 (A) placing a person in reasonable fear of serious physical 30 injury to any person;

11.71.025.31 (B) causing the evacuation of a building, public place or area, business premises, or mode of public transportation;

Misconduct02 involving(C) causing a controlledserious substancepublic ininconvenience; the second 07 degree.

(a)or Except03 as(D) authorizedplacing inthe ASpublic 17.30,or a personsubstantial commitsgroup the crime of 08the misconductpublic involving a controlled substance in the04 secondfear degree if the person 09 manufactures or delivers, or possesses with intent to manufacture or deliver, 10 (1) one or more preparations, compounds, mixtures, or substances of 11serious anphysical aggregateinjury; weight of 100 grams or more containing a schedule IA controlled 12 substance;

1305 (2) 200communicates a threat that a circumstance exists or moreis tablets,about ampules,to exist 06 that is dangerous to the proper or syrettessafe containingfunctioning aof schedulean IAoil 14or controlledgas substance;pipeline or 07 supporting facility, utility, or transportation or cargo facility;

15in (3)this oneparagraph, "oil or more08 preparations,gas compounds,pipeline mixtures, or substancessupporting offacility" 16and an"utility" aggregatehave weightthe ofmeanings 200given gramsin or09 moreAS containing11.46.495. a schedule IIA controlled 17 substance;

or10 18* (4)Sec. 400 or more tablets, ampules, or syrettes containing a schedule IIA 19 controlled substance.

20 (b) Misconduct involving a controlled substance in the second degree is a 21 class A felony.

22 * Sec.

AS 11.71.030(a)11.61.110(c) is amended to read:

2311 (a)(c) ExceptDisorderly asconduct authorizedis in AS 17.30, a personclass commitsB themisdemeanor crimeand ofis 24punishable misconductas involving12 aauthorized controlled substance in theAS third12.55 [SECOND]except degreethat ifa thesentence 25of personimprisonment, 26if (1)imposed, manufacturesshall or13 delivers,be orfor possessesa withdefinite intentterm to manufacture 27 or deliver, 28 (A) one or more preparations, compounds, mixtures, or 29 substances of annot aggregate weight of one gram or more but less than 10010 30days. grams containing a schedule IA controlled substance;

3114 (B)* 25Sec. or more but less than 200 tablets, ampules, or syrettes containing a schedule IA controlled substance;

02 (C) one or more preparations, compounds, mixtures, or 03 substances of an aggregate weight of 04 (i) 2.5 grams or more but less than 200 grams 05 containing a schedule IIA controlled substance;

06 (ii) 2.5 grams or more containing a schedule [OR] 07 IIIA controlled substance;

or 08 (D) 50 or more 09 (i) but less than 400 tablets, ampules, or syrettes 10 containing a schedule IIA controlled substance;

11 (ii) tablets, ampules, or syrettes containing a 12 schedule [OR] IIIA controlled substance;

13 (2) delivers any amount of a schedule IVA, VA, or VIA controlled 14 substance to a person under 19 years of age who is at least three years younger than 15 the person delivering the substance;

16 (3) possesses any amount of a schedule IA or IIA controlled substance 17 (A) with reckless disregard that the possession occurs 18 (i) on or within 500 feet of school grounds;

or 19 (ii) at or within 500 feet of a recreation or youth center;

20 or 21 (B) on a school bus;

22 (4) manufactures any material, compound, mixture, or preparation that 23 contains 24 (A) methamphetamine, or its salts, isomers, or salts of isomers;

25 or 26 (B) an immediate precursor of methamphetamine, or its salts, 27 isomers, or salts of isomers;

28 (5) possesses an immediate precursor of methamphetamine, or the 29 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 30 with the intent to manufacture any material, compound, mixture, or preparation that 31 contains methamphetamine, or its salts, isomers, or salts of isomers;

(6) possesses a listed chemical with intent to manufacture any material, 02 compound, mixture, or preparation that contains 03 (A) methamphetamine, or its salts, isomers, or salts of isomers;

04 or 05 (B) an immediate precursor of methamphetamine, or its salts, 06 isomers, or salts of isomers;

07 (7) possesses methamphetamine in an organic solution with intent to 08 extract from it methamphetamine or its salts, isomers, or salts of isomers;

or 09 (8) under circumstances not proscribed under AS 11.71.010(a)(2), 10 delivers 11 (A) an immediate precursor of methamphetamine, or the salts, 12 isomers, or salts of isomers of the immediate precursor of methamphetamine, 13 to another person with reckless disregard that the precursor will be used to 14 manufacture any material, compound, mixture, or preparation that contains 15 methamphetamine, or its salts, isomers, or salts of isomers;

or 16 (B) a listed chemical to another person with reckless disregard 17 that the listed chemical will be used to manufacture any material, compound, 18 mixture, or preparation that contains 19 (i) methamphetamine, or its salts, isomers, or salts of 20 isomers;

21 (ii) an immediate precursor of methamphetamine, or its 22 salts, isomers, or salts of isomers;

or 23 (iii) methamphetamine or its salts, isomers, or salts of 24 isomers in an organic solution.

25 * Sec.

AS 11.71.030(d)11.71 is amended by adding a new section to read:

2615 (d)Sec. Misconduct involving a controlled substance in the third [SECOND] 27 degree is a class B felony.

2811.71.021. * Sec.

Misconduct involving a controlled substance in the second 16 degree.

(a) Except as authorized in AS 17.30, a person commits the crime of 17 misconduct involving a controlled substance in the second degree if the person 18 (1) manufactures or delivers any amount of a schedule IA controlled 19 substance or possesses any amount of a schedule IA controlled substance with intent 20 to manufacture or deliver;

21 (2) manufactures any material, compound, mixture, or preparation that 22 contains 23 (A) methamphetamine, or its salts, isomers, or salts of isomers;

24 or 25 (B) an immediate precursor of methamphetamine, or its salts, 26 isomers, or salts of isomers;

27 (3) possesses an immediate precursor of methamphetamine, or the 28 salts, isomers, or salts of isomers of the immediate precursor of methamphetamine, 29 with the intent to manufacture any material, compound, mixture, or preparation that 30 contains methamphetamine, or its salts, isomers, or salts of isomers;

31 (4) possesses a listed chemical with intent to manufacture any material, compound, mixture, or preparation that contains 02 (A) methamphetamine, or its salts, isomers, or salts of isomers;

03 or 04 (B) an immediate precursor of methamphetamine, or its salts, 05 isomers, or salts of isomer;

06 (5) possesses methamphetamine in an organic solution with intent to 07 extract from it methamphetamine or its salts, isomers, or salts of isomers;

or 08 (6) under circumstances not proscribed under AS 11.71.010(a)(2), 09 delivers 10 (A) an immediate precursor of methamphetamine, or the salts, 11 isomers, or salts of isomers of the immediate precursor of methamphetamine, 12 to another person with reckless disregard that the precursor will be used to 13 manufacture any material, compound, mixture, or preparation that contains 14 methamphetamine, or its salts, isomers, or salts of isomers;

or 15 (B) a listed chemical to another person with reckless disregard 16 that the listed chemical will be used to manufacture any material, compound, 17 mixture, or preparation that contains 18 (i) methamphetamine, or its salts, isomers, or salts of 19 isomers;

20 (ii) an immediate precursor of methamphetamine, or its 21 salts, isomers, or salts of isomers;

or 22 (iii) methamphetamine or its salts, isomers, or salts of 23 isomers in an organic solution.

24 (b) In a prosecution under (a) of this section, possession of more than six 25 grams of the listed chemicals ephedrine, pseudoephedrine, phenylpropanolamine, or 26 the salts, isomers, or salts of isomers of those chemicals is prima facie evidence that 27 the person intended to use the listed chemicals to manufacture, to aid or abet another 28 person to manufacture, or to deliver to another person who intends to manufacture 29 methamphetamine, its immediate precursors, or the salts, isomers, or salts of isomers 30 of methamphetamine or its immediate precursors.

The prima facie evidence described 31 in this subsection does not apply to a person who possesses (1) the listed chemicals ephedrine, pseudoephedrine, 02 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals 03 (A) and the listed chemical was dispensed to the person under a 04 valid prescription;

or 05 (B) in the ordinary course of a legitimate business, or an 06 employee of a legitimate business, as a 07 (i) retailer or as a wholesaler;

08 (ii) wholesale drug distributor licensed by the Board of 09 Pharmacy;

10 (iii) manufacturer of drug products licensed by the 11 Board of Pharmacy;

12 (iv) pharmacist licensed by the Board of Pharmacy;

or 13 (v) health care professional licensed by the state;

or 14 (2) less than 24 grams of ephedrine, pseudoephedrine, 15 phenylpropanolamine, or the salts, isomers, or salts of isomers of those chemicals, 16 kept in a locked storage area on the premises of a legitimate business or nonprofit 17 organization operating a camp, lodge, school, day care center, treatment center, or 18 other organized group activity, and the location or nature of the activity, or the age of 19 the participants, makes it impractical for the participants in the activity to obtain 20 medicinal products.

21 (c) In this section, "listed chemical" means a chemical described under 22 AS 11.71.200.

23 (d) Misconduct involving a controlled substance in the second degree is a 24 class A felony.

25 * Sec.

AS 11.71.040(a)11.71.030(a) is amended to read:

2926 (a) Except as authorized in AS 17.3017.30, and AS 17.38, a person commits the 30 crime of 27 misconduct involving a controlled substance in the fourththird [THIRD][SECOND] degree if 31 the 28 person 29 (1) manufactures or deliversdelivers, anyor amountpossesses ofwith aintent scheduleto IVAmanufacture 30 or VAdeliver, 0231 controlled(A) substanceone or possessesmore anypreparations, amountcompounds, mixtures, or substances of aan scheduleaggregate IVAweight orof VAone controlledgram 03or substancemore withcontaining intenta toschedule manufacture02 orIA deliver;controlled substance;

0403 (2)(B) manufactures25 or delivers, or possesses with the intent to 05 manufacture or deliver, one or more preparations,tablets, compounds,ampules, mixtures, or substancessyrettes 06 of an aggregate weight of one ounce or more containing a 04 schedule VIAIA controlled 07 substance;

0805 (3)(C) possessesone anyor amountmore preparations, compounds, mixtures, or 06 substances of aan scheduleaggregate IAweight controlledof substance2.5 listedgrams 09or inmore AScontaining 11.71.140(e);a schedule 07 IIA or IIIA controlled substance;

10or (4)08 possesses(D) a50 scheduleor IIIA,more IVA,tablets, VA,ampules, or VIAsyrettes controlledcontaining substancea 1109 (A)schedule withIIA reckless disregard that the possession occurs 12 (i) on or withinIIIA 500controlled feetsubstance; of school grounds;

or10 13(2) (ii)delivers atany amount of a schedule IVA, VA, or withinVIA 500controlled feet11 ofsubstance to a recreationperson orunder youth19 center;years of age who is at least three years younger than 12 the person delivering the substance;

1413 (3) possesses any amount of a schedule IA or IIA controlled substance 14 (A) with reckless disregard that the possession occurs 15 (B)(i) on aor within 500 feet of school bus;grounds;

16 (5) knowingly keeps or maintains16 any(ii) store,at shop, warehouse, 17 dwelling, building, vehicle, boat, aircraft, or otherwithin structure500 orfeet place that is used for 18 keeping or distributing controlled substances in violation of a felonyrecreation offense under this 19 chapter or ASyouth 17.30;center;

2017 (6) makes, delivers, or possesses18 a(B) punch, die, plate, stone, or other 21 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 22 mark, imprint, or device of another or any likeness of any of these on a drug,school drugbus; 23 container, or labeling so as to render the drug a counterfeit substance;

2419 (7)(4) knowinglymanufactures usesany inmaterial, thecompound, coursemixture, of the manufacture or distributionpreparation ofthat a20 25contains controlled21 substance(A) amethamphetamine, registrationor numberits thatsalts, isisomers, fictitious, revoked, suspended, or 26salts issuedof toisomers; another person;

2722 (8) knowingly furnishes false or fraudulent23 information(B) inan orimmediate omitsprecursor 28of materialmethamphetamine, information from any application, report, record, or otherits documentsalts, required24 29isomers, to be kept or filedsalts underof ASisomers; 17.30;

3025 (9)(5) obtainspossesses possessionan immediate precursor of amethamphetamine, controlledor substancethe by26 misrepresentation,salts, 31isomers, fraud,or forgery,salts deception,of isomers of the immediate precursor of methamphetamine, 27 with the intent to manufacture any material, compound, mixture, or subterfuge;preparation that 28 contains methamphetamine, or its salts, isomers, or salts of isomers;

(10)29 affixes(6) possesses a falselisted orchemical forgedwith labelintent to amanufacture packageany material, 30 compound, mixture, or otherpreparation containerthat 02contains containing31 any(A) controlledmethamphetamine, substance;or its salts, isomers, or salts of isomers;

[OR] 03 (11) manufactures or delivers,02 or(B) possessesan withimmediate theprecursor intentof tomethamphetamine, 04 manufacture or deliver,its 05salts, (A)03 oneisomers, or moresalts preparations, compounds, mixtures, or 06 substances of anisomers; aggregate weight of less than one gram containing a schedule 07 IA controlled substance;

0804 (B)(7) lesspossesses thanmethamphetamine 25in tablets,an ampules,organic orsolution syretteswith containingintent ato 0905 scheduleextract IAfrom controlledit substance;methamphetamine or its salts, isomers, or salts of isomers;

10[OR] (C)06 one(8) under circumstances not proscribed under AS 11.71.010(a)(2), 07 delivers 08 (A) an immediate precursor of methamphetamine, or morethe preparations,salts, compounds,09 mixtures,isomers, or 11salts substancesof isomers of anthe aggregateimmediate weightprecursor of lessmethamphetamine, than10 2.5to gramsanother containingperson awith schedulereckless disregard that the precursor will be used to 11 manufacture any material, compound, mixture, or preparation that contains 12 IIAmethamphetamine, or IIIAits controlledsalts, substance;isomers, or salts of isomers;

or 13 (D)(B) lessa thanlisted 50chemical tablets,to ampules,another orperson syretteswith containingreckless adisregard 14 schedulethat IIAthe listed chemical will be used to manufacture any material, compound, 15 mixture, or IIIApreparation controlledthat substance;contains 16 (i) methamphetamine, or its salts, isomers, or salts of 17 isomers;

or18 15(ii) (12)an underimmediate circumstancesprecursor not proscribed under AS 11.71.030(a)(3) 16 or (3) of thismethamphetamine, subsection, possesses any amount of a schedule IA or IIAits controlled19 17salts, substanceisomers, and, within the preceding 10 years, has been convicted on two or moresalts 18 separate occasions of aisomers; crime under 19 (A) this paragraph;

or 20 (B)(iii) ASmethamphetamine 11.71.050(a)(4);or its salts, isomers, or salts of 21 isomers in an organic solution;

or 2122 (C)(9) aunder lawcircumstances not proscribed under AS 11.71.021(a)(2) - 23 (6), manufactures or ordinancedelivers any amount of thisa schedule IIA or anotherIIIA jurisdictioncontrolled with24 22substance elementsor similarpossesses toany aamount crimeof listeda underschedule (A)IIA or (B)IIIA ofcontrolled thissubstance paragraph.25 with intent to manufacture or deliver.

23 * Sec.

31.

AS 11.71.040(d) is amended to read:

24 (d) Misconduct involving a controlled substance in the fourth [THIRD] 25 degree is a class C felony.

31.

AS 11.71.030(d) is amended to read:

27 (d) Misconduct involving a controlled substance in the third [SECOND] 28 degree is a class B felony.

29 * Sec.

AS 11.71.040(a) is amended to read:

30 (a) Except as authorized in AS 17.30, a person commits the crime of 31 misconduct involving a controlled substance in the fourth [THIRD] degree if the person 02 (1) manufactures or delivers any amount of a schedule IVA or VA 03 controlled substance or possesses any amount of a schedule IVA or VA controlled 04 substance with intent to manufacture or deliver;

05 (2) manufactures or delivers, or possesses with the intent to 06 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 07 of an aggregate weight of one ounce or more containing a schedule VIA controlled 08 substance;

09 (3) possesses 10 (A) any amount of a 11 (i) schedule IA controlled substance [LISTED IN 12 AS 11.71.140(e)];

13 (ii) schedule IIA controlled substance except a 14 controlled substance listed in AS 11.71.150(e)(11) - (15);

15 (B) 25 or more tablets, ampules, or syrettes containing a 16 schedule IIIA or IVA controlled substance;

17 (C) one or more preparations, compounds, mixtures, or 18 substances of an aggregate weight of 19 (i) three grams or more containing a schedule IIIA 20 or IVA controlled substance except a controlled substance in a 21 form listed in (ii) of this subparagraph;

22 (ii) 12 grams or more containing a schedule IIIA 23 controlled substance listed in AS 11.71.160(f)(7) - (16) that has been 24 sprayed on or otherwise applied to tobacco, an herb, or another 25 organic material;

or 26 (iii) 500 milligrams or more of a schedule IIA 27 controlled substance listed in AS 11.71.150(e)(11) - (15);

28 (D) 50 or more tablets, ampules, or syrettes containing a 29 schedule VA controlled substance;

30 (E) one or more preparations, compounds, mixtures, or 31 substances of an aggregate weight of six grams or more containing a schedule VA controlled substance;

02 (F) one or more preparations, compounds, mixtures, or 03 substances of an aggregate weight of four ounces or more containing a 04 schedule VIA controlled substance;

or 05 (G) 25 or more plants of the genus cannabis;

06 (4) possesses a schedule IIIA, IVA, VA, or VIA controlled substance 07 (A) with reckless disregard that the possession occurs 08 (i) on or within 500 feet of school grounds;

or 09 (ii) at or within 500 feet of a recreation or youth center;

10 or 11 (B) on a school bus;

12 (5) knowingly keeps or maintains any store, shop, warehouse, 13 dwelling, building, vehicle, boat, aircraft, or other structure or place that is used for 14 keeping or distributing controlled substances in violation of a felony offense under this 15 chapter or AS 17.30;

16 (6) makes, delivers, or possesses a punch, die, plate, stone, or other 17 thing that prints, imprints, or reproduces a trademark, trade name, or other identifying 18 mark, imprint, or device of another or any likeness of any of these on a drug, drug 19 container, or labeling so as to render the drug a counterfeit substance;

20 (7) knowingly uses in the course of the manufacture or distribution of a 21 controlled substance a registration number that is fictitious, revoked, suspended, or 22 issued to another person;

23 (8) knowingly furnishes false or fraudulent information in or omits 24 material information from any application, report, record, or other document required 25 to be kept or filed under AS 17.30;

26 (9) obtains possession of a controlled substance by misrepresentation, 27 fraud, forgery, deception, or subterfuge;

28 (10) affixes a false or forged label to a package or other container 29 containing any controlled substance;

or 30 (11) manufactures or delivers, or possesses with the intent to 31 manufacture or deliver, (A) one or more preparations, compounds, mixtures, or 02 substances of an aggregate weight of less than one gram containing a schedule 03 IA controlled substance;

04 (B) less than 25 tablets, ampules, or syrettes containing a 05 schedule IA controlled substance;

06 (C) one or more preparations, compounds, mixtures, or 07 substances of an aggregate weight of less than 2.5 grams containing a schedule 08 IIA or IIIA controlled substance;

or 09 (D) less than 50 tablets, ampules, or syrettes containing a 10 schedule IIA or IIIA controlled substance.

11 * Sec.

33.

AS 11.71.040(d) is amended to read:

12 (d) Misconduct involving a controlled substance in the fourth [THIRD] 13 degree is a class C felony.

14 * Sec.

34.

2715 Sec.

Misconduct involving a controlled substance in the fifth 2816 [FOURTH] degree.

17 (a) Except as authorized in AS 17.3017.30, and AS 17.38, a person 29 commits the crime of 18 misconduct involving a controlled substance in the fifth 30 [FOURTH] degree if the 19 person 3120 (1) manufactures or delivers, or possesses with the intent to 21 manufacture or deliver, one or more preparations, compounds, mixtures, or substances 0222 of an aggregate weight of less than one ounce containing a schedule VIA controlled 0323 substance;

0424 (2) [REPEALED] 0525 (3) fails to make, keep, or furnish any record, notification, order form, 0626 statement, invoice, or information required under AS 17.30;

or[OR] 0727 (4) under circumstances not proscribed under AS 11.71.030(a)(3), 0828 11.71.040(a)(3), (4),11.71.040(a)(4), or (12) [11.71.040(a)(4)], or 11.71.060(a)(2), possesses any 09 amount of a 29 schedule IA, IIA, IIIA, IVA, VA, or VIA controlled substance.substance;

10or (b)30 Misconduct(5) involvingpossesses a31 controlled(A) substanceless inthan the25 fifthtablets, [FOURTH]ampules, 11or degreesyrettes iscontaining a classschedule AIIIA misdemeanor.or IVA controlled substance;

1202 *(B) Sec.one or more preparations, compounds, mixtures, or 03 substances of an aggregate weight of less than 04 (i) three grams containing a schedule IIIA or IVA 05 controlled substance except a controlled substance in a form listed 06 in (ii) of this subparagraph;

33.07 (ii) 12 grams but more than six grams containing a 08 schedule IIIA controlled substance listed in AS 11.71.160(f)(7) - 09 (16) that has been sprayed on or otherwise applied to tobacco, an 10 herb, or another organic material;

or 11 (iii) 500 milligrams containing a schedule IIA 12 controlled substance listed in AS 11.71.150(e)(11) - (15);

13 (C) less than 50 tablets, ampules, or syrettes containing a 14 schedule VA controlled substance;

15 (D) one or more preparations, compounds, mixtures, or 16 substances of an aggregate weight of less than six grams containing a 17 schedule VA controlled substance;

or 18 (E) one or more preparations, compounds, mixtures, or 19 substances of an aggregate weight of one ounce or more containing a 20 schedule VIA controlled substance.

21 (b) Misconduct involving a controlled substance in the fifth [FOURTH] 22 degree is a class A misdemeanor.

23 * Sec.

35.

1324 Sec.

Misconduct involving a controlled substance in the sixth 1425 [FIFTH] degree.

(a) Except as authorized in AS 17.3017.30, and AS 17.38, a person 15 commits the crime of 26 misconduct involving a controlled substance in the sixth 16 [FIFTH] degree if the person 1727 (1) uses or displays any amount of a schedule VIA controlled 1828 substance;

1929 (2) possesses one or more preparations, compounds, mixtures, or 2030 substances of an aggregate weight of 2131 (A) less than one ounce containing a schedule VIA controlled 22 substance;

2302 (B) six grams or less containing a schedule IIIA controlled 2403 substance listed in AS 11.71.160(f)(7) - (16) that has been sprayed on or 2504 otherwise applied to tobacco, an herb, or another organic material;

or 2605 (3) refuses entry into premisesa [Apremise PREMISE] for an inspection 27 authorized under 06 AS 17.30.

2807 (b) Misconduct involving a controlled substance in the sixth [FIFTH] degree 2908 is a class B misdemeanor.

3009 * Sec.

34.

AS 11.71.311(a) is amended to read:

31 (a) A person may not be prosecuted for a violation of AS 11.71.025(a), 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) [AS 11.71.030(a)(3), 11.71.040(a)(3) 02 OR (4)], 11.71.050(a)(4), or 11.71.060(a)(1) or (2) if that person 03 (1) sought, in good faith, medical or law enforcement assistance for 04 another person who the person reasonably believed was experiencing a drug overdose 05 and 06 (A) the evidence supporting the prosecution for an offense 07 under AS 11.71.025(a), 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) 08 [AS 11.71.030(a)(3), 11.71.040(a)(3) OR (4)], 11.71.050(a)(4), or 09 11.71.060(a)(1) or (2) was obtained or discovered as a result of the person 10 seeking medical or law enforcement assistance;

11 (B) the person remained at the scene with the other person until 12 medical or law enforcement assistance arrived;

and 13 (C) the person cooperated with medical or law enforcement 14 personnel, including by providing identification;

15 (2) was experiencing a drug overdose and sought medical assistance, 16 and the evidence supporting a prosecution for an offense under AS 11.71.025(a), 17 11.71.030(a)(3), 11.71.040(a)(3), (4), or (12) [AS 11.71.030(a)(3), 11.71.040(a)(3) 18 OR (4)], 11.71.050(a)(4), or 11.71.060(a)(1) or (2) was obtained as a result of the 19 overdose and the need for medical assistance.

20 * Sec.

35.

AS 12.55.015 is amended by adding a new subsection to read:

21 (l) At sentencing for a defendant convicted of a crime involving a sex offense 22 as defined in AS 12.63.100 or a crime involving domestic violence as defined in 23 AS 18.66.990, there is a presumption that, unless the court finds on the record that 24 contact between a defendant and the victim of the offense is necessary, the court shall 25 order the defendant to have no contact, either directly or indirectly, with the victim 26 until the defendant is unconditionally discharged.

27 * Sec.

AS 12.55.02711.71.311(a) is amended by adding a new subsection to read:

2810 (i)(a) A courtperson may grantnot creditbe underprosecuted this section for timea spentviolation inof aAS treatment11.71.030(a)(3), 2911 program11.71.040(a)(3) or under(4), electronic11.71.050(a)(5) monitoring[11.71.050(a)(4),] onlyor if11.71.060(a)(1) theor court(2) findsif 12 that theperson sentence,13 30(1) includingsought, anyin creditgood towardfaith, medical or law enforcement assistance for 14 another person who the sentenceperson ofreasonably imprisonment,believed meetswas experiencing a drug overdose 15 and 16 (A) the requirementsevidence ofsupporting 31the prosecution for an offense 17 under AS 12.55.005.11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(5) 18 [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) was obtained or discovered as a 19 result of the person seeking medical or law enforcement assistance;

*20 Sec.(B) the person remained at the scene with the other person until 21 medical or law enforcement assistance arrived;

and 22 (C) the person cooperated with medical or law enforcement 23 personnel, including by providing identification;

24 (2) was experiencing a drug overdose and sought medical assistance, 25 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 26 11.71.040(a)(3) or (4), 11.71.050(a)(5) [11.71.050(a)(4)], or 11.71.060(a)(1) or (2) 27 was obtained as a result of the overdose and the need for medical assistance.

28 * Sec.

AS 12.55.125(d)12.55.090(c) is amended to read:

0229 (d)(c) ExceptThe asperiod provided in (i) of thisprobation, section,together awith defendantany convictedextension, of a class B 03 felony may be sentenced to a definite term of imprisonment of not moreexceed than30 10(1) years,25 04[15] andyears shallfor be sentenced to a definitefelony termsex withinoffense; the following presumptive ranges, 05 subject to adjustment as provided in AS 12.55.155 - 12.55.175:

06or (1)31 if(2) the10 offenseyears isfor aany firstother felonyoffense conviction[AN andUNCLASSIFIED doesFELONY notUNDER involveAS 0711 circumstancesNOT describedLISTED inIN (2)(1) orOF 3THIS ofSUBSECTION; this subsection, 90 days [ZERO] to two years;

a02 08(3) defendantFIVE sentencedYEARS underFOR thisA paragraphFELONY may,OFFENSE ifNOT theLISTED courtIN finds(1) it03 appropriate,OR be(2) 09OF grantedTHIS aSUBSECTION; suspended imposition of sentence under AS 12.55.085;

1004 (2)(4) ifTHREE theYEARS offenseFOR isA aMISDEMEANOR firstOFFENSE felony05 conviction,(A) theUNDER defendant violated 11 AS 11.41.130,11.41; and the victim was 12 (A) a child under 16 years of age, two to four years;

or06 13 (B) wasTHAT 16IS yearsA ofCRIME ageINVOLVING orDOMESTIC older,07 oneVIOLENCE; to three years;

14OR (3)08 if(C) theTHAT offenseIS isA aSEX firstOFFENSE, felony conviction under 15 AS 11.71.030(a)(4),THAT (5),TERM (6),IS (7),09 orDEFINED (8)IN for manufacture or possession with intent 16 to manufacture a controlled substance that is listed in AS 11.71.150(e)(2)12.63.100; and 17 (A) the manufacture or possession with intent to 18 manufacture occurred in a building with reckless disregard that the 19 building was used as a permanent or temporary home or place of lodging 20 for one or more children under 18 years of age, or a place frequented by 21 children, two to four years;

or10 22(5) (B)TWO inYEARS theFOR courseA ofMISDEMEANOR manufacturing,OFFENSE theUNDER defendant11 obtainedAS 2328.35.030 theOR assistance28.35.032, ofIF oneTHE orPERSON moreHAS childrenPREVIOUSLY underBEEN 1812 yearsCONVICTED ofOF age,AN orOFFENSE oneUNDER orAS 2428.35.030 moreOR children28.35.032, wereOR present,A two13 toSIMILAR fourLAW years;OR ORDINANCE OF THIS OR ANOTHER JURISDICTION;

25OR (4)14 [(3)](6) ifONE theYEAR offenseFOR isAN aOFFENSE secondNOT felonyLISTED conviction,IN two(1) to- five(5) years;OF 15 THIS SUBSECTION].

2616 (5)* [(4)]Sec. if the offense is a third felony conviction, four to 10 years.

27 * Sec.

AS 12.55.125(i)12.55.125(c) is amended to read:

2817 (i)(c) AExcept defendantas convictedprovided ofin 29(i) (1)of sexualthis assaultsection, ina thedefendant firstconvicted degree, sexual abuse of a minorclass inA the18 30felony first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 31 sentenced to a definite term of imprisonment of not more than 9920 yearsyears, 19 and shall be sentenced to a definite term within the following presumptive ranges, 20 subject to 02 adjustment as provided in AS 12.55.155 - 12.55.175:

0321 (A)(1) if the offense is a first felony conviction,conviction theand offense does 04 not involve 22 circumstances described in (B)(2) of this paragraph,subsection, andfive the[THREE] victim 05 was 06 (i) less than 13 years of age, 25 to 35eight [SIX] years;

0723 (ii)(2) 13if yearsthe offense is a first felony conviction and the defendant [(A)] 24 possessed a firearm, used a dangerous instrument, or caused serious physical injury or 25 death during the commission of agethe offense, [FIVE TO NINE YEARS;] or older,[(B)] 2026 knowingly directed the conduct constituting the offense at a uniformed or otherwise 27 clearly identified peace officer, firefighter, correctional employee, emergency medical 28 technician, paramedic, ambulance attendant, or other emergency responder who was 29 engaged in the performance of official duties at the time of the offense, seven to 11 30 years;

0831 (B) ifand the offenseconviction is afor firstmanufacturing felonyrelated convictionto andmethamphetamine under AS 11.71.021(a)(2)(A) or (B), seven to 11 years, 02 if 03 (i) the defendantmanufacturing 09occurred possessedin a firearm,building with 04 reckless disregard that the building was used as a dangerouspermanent instrument,or 05 temporary home or causedplace seriousof physicallodging 10for injuryone duringor themore commissionchildren 06 under 18 years of age or the offense,building 25was toa 35place years;frequented by 07 children;

11or (C)08 if(ii) in the offensecourse isof amanufacturing secondor felonyin convictionpreparation and09 doesfor notmanufacturing, 12the involvedefendant circumstancesobtained describedthe inassistance (D)of one or 10 more children under 18 years of thisage paragraph,or 30one toor 40more years;children were 11 present;

1312 (D)(3) if the offense is a second felony convictionconviction, and10 the[EIGHT] to 14 defendant[12] has13 a prior conviction for a sexual felony, 35 to 45 years;

1514 (E)(4) if the offense is a third felony conviction and the defendant 16 is not 15 subject to sentencing under (F) of this paragraph or (l) of this section, 4015 17[13] to 6020 years;years.

18 (F) if the offense is a third felony conviction, the defendant is 19 not subject to sentencing under (l) of this section, and the defendant has two 20 prior convictions for sexual felonies, 99 years;

21 (2) unlawful exploitation of a minor under AS 11.41.455(c)(2), 22 [ONLINE] enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or 23 solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the 24 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 25 sentenced to a definite term of imprisonment of not more than 99 years and shall be 26 sentenced to a definite term within the following presumptive ranges, subject to 27 adjustment as provided in AS 12.55.155 - 12.55.175:

28 (A) if the offense is a first felony conviction, the offense does 29 not involve circumstances described in (B) of this paragraph, and the victim 30 was 31 (i) under 13 years of age, 20 to 30 years;

(ii) 13 years of age or older, 15 to 30 years;

02 (B) if the offense is a first felony conviction and the defendant 03 possessed a firearm, used a dangerous instrument, or caused serious physical 04 injury during the commission of the offense, 25 to 35 years;

05 (C) if the offense is a second felony conviction and does not 06 involve circumstances described in (D) of this paragraph, 25 to 35 years;

07 (D) if the offense is a second felony conviction and the 08 defendant has a prior conviction for a sexual felony, 30 to 40 years;

09 (E) if the offense is a third felony conviction, the offense does 10 not involve circumstances described in (F) of this paragraph, and the defendant 11 is not subject to sentencing under (l) of this section, 35 to 50 years;

12 (F) if the offense is a third felony conviction, the defendant is 13 not subject to sentencing under (l) of this section, and the defendant has two 14 prior convictions for sexual felonies, 99 years;

15 (3) sexual assault in the second degree, sexual abuse of a minor in the 16 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), unlawful 17 exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography 18 under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not 19 more than 99 years and shall be sentenced to a definite term within the following 20 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:

21 (A) if the offense is a first felony conviction, five to 15 years;

22 (B) if the offense is a second felony conviction and does not 23 involve circumstances described in (C) of this paragraph, 10 to 25 years;

24 (C) if the offense is a second felony conviction and the 25 defendant has a prior conviction for a sexual felony, 15 to 30 years;

26 (D) if the offense is a third felony conviction and does not 27 involve circumstances described in (E) of this paragraph, 20 to 35 years;

28 (E) if the offense is a third felony conviction and the defendant 29 has two prior convictions for sexual felonies, 99 years;

30 (4) sexual assault in the third degree, incest, indecent exposure in the 31 first degree, possession of child pornography, distribution of child pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in 02 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation 03 of a minor, or distribution of child pornography, may be sentenced to a definite term 04 of imprisonment of not more than 99 years and shall be sentenced to a definite term 05 within the following presumptive ranges, subject to adjustment as provided in 06 AS 12.55.155 - 12.55.175:

07 (A) if the offense is a first felony conviction, two to 12 years;

08 (B) if the offense is a second felony conviction and does not 09 involve circumstances described in (C) of this paragraph, eight to 15 years;

10 (C) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 12 to 20 years;

12 (D) if the offense is a third felony conviction and does not 13 involve circumstances described in (E) of this paragraph, 15 to 25 years;

14 (E) if the offense is a third felony conviction and the defendant 15 has two prior convictions for sexual felonies, 99 years.

AS 12.55.135(a)12.55.125(d) is amended to read:

17 (a)(d) AExcept as provided in (i) of this section, a defendant convicted of a class AB misdemeanor18 felony may be sentenced to a 18 definite term of imprisonment of not more than 1910 (1)years, one19 year,and ifshall thebe 20sentenced (A)to convictiona isdefinite forterm awithin crimethe withfollowing apresumptive mandatoryranges, minimum20 termsubject 21to ofadjustment 30as daysprovided orin moreAS of12.55.155 active- imprisonment;12.55.175:

2221 (B)(1) trierif of fact finds the aggravatingoffense factoris thata thefirst conductfelony 23conviction constitutingand thedoes offensenot wasinvolve among22 thecircumstances mostdescribed seriousin conduct(2) includedof inthis thesubsection, 24one definition[ZERO] ofto thethree offense;[TWO] years;

2523 (C)a defendant hassentenced pastunder criminalthis convictionsparagraph formay, conductif 26the violativecourt finds it appropriate, be 24 granted a suspended imposition of criminalsentence laws,under punishableAS 12.55.085 if, as feloniesa orcondition misdemeanors,of similar25 inprobation 27under natureAS 12.55.086, the defendant is required to serve an active term 26 of imprisonment within the offenserange forspecified whichin this paragraph, unless the defendantcourt is27 beingfinds sentenced;that a mitigation factor under AS 12.55.155 applies;

28 (D)(2) convictionif the offense is fora anfirst assaultfelony inconviction, 29 (A) the fourthdefendant degreeviolated AS 11.41.130, and the victim was 30 [(A)] a child under 2916 ASyears 11.41.230;of age, two to four years;

[OR] 3031 (E)(B) the conviction is for an attempt, solicitation, or conspiracy to manufacture related to methamphetamine under AS 11.31 02 and AS 11.71.021(a)(2)(A) or (B), and 03 (i) the attempted manufacturing occurred, or the 04 solicited or conspired offense was to have occurred, in a violationbuilding 05 with reckless disregard that the building was used as a permanent 06 or temporary home or place of 31lodging (i)for ASone 11.41.427;or more children 07 under 18 years of age or the building was a place frequented by 08 children;

or 09 (ii) ASin 11.41.440;the course of an attempt to manufacture, the 10 defendant obtained the assistance of one or more children under 18 11 years of age or one or more children were present [WAS 16 YEARS 12 OF AGE OR OLDER, ONE TO THREE YEARS];

0213 (iii)(3) AS 11.41.460, if the indecentoffense exposure is before a 03second personfelony underconviction, 16four years[TWO] ofto age;seven 14 [FIVE] years;

0415 (iv)(4) ASif 11.61.116(c)(2);the offense is a third felony conviction, six [FOUR] to 10 years.

or16 05* (v)Sec. AS 11.61.118(a)(2);

or 06 (F) conviction is for a crime involving domestic violence;

or 07 (2) 90 [30] days.

08 * Sec.

AS 12.55.135(b)12.55.125(e) is amended to read:

0917 (b)(e) AExcept as provided in (i) of this section, a defendant convicted of a class BC misdemeanor18 felony may be sentenced to a 10 definite term of imprisonment of not more than 11five (1)19 30years, [10]and daysshall unlessbe otherwisesentenced specifiedto ina definite term within the provisionfollowing ofpresumptive law20 12ranges, definingsubject theto offenseadjustment oras provided in thisAS section;12.55.155 - 12.55.175:

1321 (2)(1) 90 days if the convictionoffense is for a violationfirst offelony 14conviction (A)and ASdoes 11.61.116(c)(1)not andinvolve the22 personcircumstances isdescribed 21in years(4) of agethis orsubsection, 15zero older;to two years;

ora 16defendant (B)23 sentenced under this paragraph may, if the court finds it appropriate, be granted a 24 suspended imposition of sentence under AS 11.61.120(a)(6)12.55.085, and the personcourt ismay, 21as yearsa 25 condition of ageprobation orunder 17AS older;12.55.086, require the defendant to serve an active 26 term of imprisonment within the range specified in this paragraph;

or27 18(2) (3) five days if the convictionoffense is for a violationsecond offelony ASconviction, 11.56.757.two [ONE] to four 28 years;

1929 *(3) Sec.if the offense is a third felony conviction, three [TWO] to five 30 years;

31 (4) if the offense is a first felony conviction, and the defendant violated AS 08.54.720(a)(15), one to two years.

02 * Sec.

AS 12.55.135(n)12.55.125(q) is amended to read:

2003 (n)(q) AOther courtthan sentencingfor aconvictions personsubject convictedto ofa misconductmandatory involving99-year asentence, 21the controlled04 substancecourt shall impose, in theaddition fifthto [FOURTH]an degreeactive term of imprisonment imposed under AS(i) 11.71.050(a)(4)of or05 22this misconductsection, involvinga minimum period of (1) suspended imprisonment of five years and a controlled06 substanceminimum inperiod theof sixthprobation [FIFTH]supervision degreeof under15 23years ASfor 11.71.060(a)(2)conviction mayof notan imposeunclassified 2407 (1)felony, a(2) sentencesuspended imprisonment of activethree imprisonment,years unlessand thea personminimum hasperiod previouslyof 25probation been08 convictedsupervision moreof than10 onceyears for conviction of ana offenseclass underA ASor 11.71class B felony, or a(3) lawsuspended 09 imprisonment of thistwo oryears 26and anothera jurisdictionminimum withperiod elementsof substantiallyprobation similarsupervision toof anfive offense10 underyears ASfor 11.71;conviction of a class C felony.

27The orperiod 28 (2) a sentence of suspendedprobation imprisonmentis greaterin thanaddition 29to (A)any 3011 days,sentence ifreceived the defendant has not been previously convicted 30 of an offense under AS(i) 11.71 or a law of this orsection anotherand jurisdictionmay withnot 31be elementssuspended substantiallyor similarreduced. to an offense under AS 11.71;

or12 (B)Upon 180a days,defendant's ifrelease thefrom personconfinement hasin beena previouslycorrectional convictedfacility, ofthe an13 02defendant offenseis undersubject ASto 11.71the orprobation arequirement lawunder of this orsubsection anotherand jurisdictionshall with14 elementssubmit 03and substantiallycomply similarwith tothe anterms offenseand underrequirements ASof 11.71.the probation.

0415 * Sec.

AS 12.55.185(10)12.55.135(a) is amended to read:

0516 (10)(a) "mostA seriousdefendant felony"convicted meansof 06a (A)class arsonA inmisdemeanor themay firstbe degree,sentenced sexto traffickinga in17 thedefinite firstterm degreeof 07imprisonment underof ASnot 11.66.110(a)(2),more [ONLINE]than enticement18 of[(1)] aone minoryear under[, 08IF ASTHE 11.41.452(e),19 or(A) anyCONVICTION unclassifiedIS orFOR classA CRIME WITH A felony20 prescribedMANDATORY underMINIMUM 09TERM ASOF 11.41;30 DAYS OR MORE OF ACTIVE 21 IMPRISONMENT;

or22 10 (B) anTRIER attempt,OF orFACT conspiracyFINDS toTHE commit,AGGRAVATING or23 criminalFACTOR 11THAT solicitationTHE underCONDUCT ASCONSTITUTING 11.31.110THE of,OFFENSE anWAS unclassified24 felonyAMONG prescribedTHE underMOST 12SERIOUS ASCONDUCT 11.41;INCLUDED IN THE 25 DEFINITION OF THE OFFENSE;

1326 *(C) Sec.DEFENDANT HAS PAST CRIMINAL CONVICTIONS 27 FOR CONDUCT VIOLATIVE OF CRIMINAL LAWS, PUNISHABLE AS 28 FELONIES OR MISDEMEANORS, SIMILAR IN NATURE TO THE 29 OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED;

30 (D) CONVICTION IS FOR AN ASSAULT IN THE FOURTH 31 DEGREE UNDER AS 11.41.230;

OR (E) CONVICTION IS FOR A VIOLATION OF 02 (i) AS 11.41.427;

03 (ii) AS 11.41.440;

04 (iii) AS 11.41.460, IF THE INDECENT EXPOSURE 05 IS BEFORE A PERSON UNDER 16 YEARS OF AGE;

06 (iv) AS 11.61.116(c)(2);

OR 07 (v) AS 11.61.118(a)(2);

08 (2) 30 DAYS].

09 * Sec.

AS 12.55.185(16)12.55.135(b) is amended to read:

1410 (16)(b) "sexualA felony"defendant meansconvicted sexual assault in the first degree, sexual 15 abuse of a minorclass inB themisdemeanor firstmay degree,be sexsentenced traffickingto in the first degree, sexual assault in 16 the second degree, sexual abuse of a minor11 indefinite theterm second degree, unlawful exploitation 17 of aimprisonment minor, distribution of childnot pornography,more sexualthan assault90 in12 the[(1) third10] degree,days incest,unless 18otherwise indecentspecified exposure in the firstprovision degree, possession of childlaw pornography,defining [ONLINE]13 19the enticementoffense of[OR aIN minor,THIS andSECTION; felony attempt, conspiracy, or solicitation to commit those 20 crimes;

14 (2) 90 DAYS IF THE CONVICTION IS FOR A VIOLATION OF 15 (A) AS 11.61.116(c)(1) AND THE PERSON IS 21 YEARS 16 OF AGE OR OLDER;

OR 17 (B) AS 11.61.120(a)(6) AND THE PERSON IS 21 YEARS OF 18 AGE OR OLDER;

OR 19 (3) FIVE DAYS IF THE CONVICTION IS FOR A VIOLATION OF 20 AS 11.56.757].

AS 12.61.05012.55.135 is amended by adding a new subsection to read:

22 (c)(q) ThroughA thecourt automatedmay victimnot notificationimpose systema establishedsentence inof (a)imprisonment ofor thissuspended 23 section,imprisonment thefor Departmentpossession of Correctionsmarijuana shallin notifyviolation a victim of aAS sex11.71.060 offenseif asthe defined 24 indefendant ASalleges, 12.63.100and orthe acourt crimefinds, involvingthat domestic violence as defined in AS 18.66.990 of 25 the optiondefendant towas requestnot a protective order under ASformal 18.65.850 or AS25 18.66.100informal andprobation 26or provideparole contactconditions informationin forthis stateor victimanother resources,jurisdiction includingat the Counciltime on 27 Domestic Violence and Sexual Assault, the Alaska Network on Domestic Violence 28 and Sexual Assault, the Office of Victims' Rights, and the Violent26 Crimesoffense; 29 Compensation Board.

Thisthat notificationthe mustdefendant occurpossessed when the offendermarijuana offor the victimdefendant's ispersonal 30use released27 fromwithin incarceration or when the orderdefendant's underpermanent ASor 12.55.015(l)temporary expires,residence; 31 whichever is later.

*and Sec.that the defendant has 28 not been previously convicted more than once in this or another jurisdiction for 29 possession of marijuana.

If the defendant has not been previously convicted as 30 described in this subsection, the maximum unsuspended fine that the court may 31 impose is $500.

If the defendant has been previously convicted once as described in this subsection, the maximum unsuspended fine that the court may impose is $1,000.

02 In this subsection, 03 (1) "permanent or temporary residence" means a permanent structure 04 adopted for overnight accommodation;

"permanent or temporary residence" does not 05 include 06 (A) vehicles, tents, prisons or other correctional facilities, 07 residential treatment facilities, or shelters operated by a charitable organization 08 or a government agency;

09 (B) any place where the defendant's possession or use of 10 marijuana violated established rules for residents, such as a ban on smoking or 11 a ban on marijuana or other controlled substances;

12 (2) "previously convicted" means the defendant entered a plea of 13 guilty, no contest, or nolo contendere, or has been found guilty by a court or jury, 14 regardless of whether the conviction was set aside under AS 12.55.085 or a similar 15 procedure in another jurisdiction, of possession of marijuana;

"previously convicted" 16 does not include a judgment that has been reversed or vacated by a court.

17 * Sec.

AS 12.63.010(d)28.35.030(k) is amended to read:

0218 (d)(k) AImprisonment sex offender or child kidnapper required to register 03 (1) for 15 years under (a)(b)(1)(A) of this section andshall ASbe 12.63.020served 04at [AS 12.63.020(a)(2)] shall, annually, during the term of a duty19 tocommunity registerresidential undercenter 05or AS 12.63.020, on a date set by theelectronic departmentmonitoring at thea timeprivate ofresidence the20 sex offender's or child 06 kidnapper's initial registration, provide written verification to the department, in the 07 manner required by the department, of the sex offender's or child kidnapper's address 08 and notice of any changes to the information previously provided under (b)(1)AS of33.30.065. this 09 section;

10If (2)a forcommunity liferesidential undercenter (a)or ofelectronic thismonitoring sectionat anda AS21 12.63.020private 11residence [ASis 12.63.020(a)(1)] shall, not lessavailable, thanimprisonment quarterly,required onunder a(b)(1)(A) dateof setthis by22 thesection department,may 12[SHALL] providebe writtenserved verificationat toanother theappropriate department,place in[A thePRIVATE manner23 requiredRESIDENCE byBY theOTHER 13MEANS] department,determined ofby the sexcommissioner offender's or child kidnapper's address and any changes to the 14 information previously provided under (b)(1) of thiscorrections. section.

1524 *[A Sec.PERSON WHO IS SERVING A SENTENCE OF IMPRISONMENT REQUIRED 25 UNDER (b)(1)(A) OF THIS SECTION BY ELECTRONIC MONITORING AT A 26 PRIVATE RESIDENCE MAY NOT BE SUBJECT TO A SEARCH OF THE 27 PERSON'S DWELLING BY A PEACE OFFICER OR A PERSON REQUIRED TO 28 ADMINISTER THE ELECTRONIC MONITORING UNDER AS 33.30.065(a), 29 EXCEPT UPON PROBABLE CAUSE.] Imprisonment required under (b)(1)(B) - (F) 30 of this section may be served at a community residential center or at a private 31 residence if approved by the commissioner of corrections.

Imprisonment served at a private residence must include electronic monitoring under AS 33.30.065 [OR, IF 02 ELECTRONIC MONITORING IS NOT AVAILABLE, BY OTHER MEANS AS 03 DETERMINED BY THE COMMISSIONER OF CORRECTIONS].

The cost of 04 imprisonment resulting from the sentence imposed under (b)(1) of this section shall be 05 paid to the state by the person being sentenced.

The cost of imprisonment required to 06 be paid under this subsection may not exceed $2,000.

Upon the person's conviction, 07 the court shall include the costs of imprisonment as a part of the judgment of 08 conviction.

Except for reimbursement from a permanent fund dividend as provided in 09 this subsection, payment of the cost of imprisonment is not required if the court 10 determines the person is indigent.

For costs of imprisonment that are not paid by the 11 person as required by this subsection, the state shall seek reimbursement from the 12 person's permanent fund dividend as provided under AS 43.23.065.

A person 13 sentenced under (b)(1)(B) of this section shall perform at least 160 hours of 14 community service work, as required by the director of the community residential 15 center or other appropriate place, or as required by the commissioner of corrections if 16 the sentence is being served at a private residence.

In this subsection, "appropriate 17 place" means a facility with 24-hour on-site staff supervision that is specifically 18 adapted to provide a residence, and includes a correctional center, residential treatment 19 facility, hospital, halfway house, group home, work farm, work camp, or other place 20 that provides varying levels of restriction.

21 * Sec.

AS 12.63.01028.35.032(o) is amended by adding a new subsection to read:

1622 (g)(o) NotwithstandingImprisonment therequired requirementunder to(g)(1)(A) registerof under this section,section ashall sexbe 17served offenderat ora child23 kidnapper,community asresidential thatcenter, termor isif defineda incommunity ASresidential 12.63.100(6)(B),center may[PRIVATE 1824 petitionRESIDENCE theBY departmentELECTRONIC forMONITORING removalUNDER fromAS the33.30.065. central registry of sex offenders and child 19 kidnappers and to be exempt from the registration requirements under this section.

TheIF 2025 departmentELECTRONIC shallMONITORING] grantis thenot petitionavailable, ifat theanother petitionerappropriate submitsplace proof26 acceptable[IMPRISONMENT toUNDER the(g)(1)(A) 21OF departmentTHIS thatSECTION theSHALL factsBE underlyingSERVED the27 convictionAT inA anotherPRIVATE jurisdictionRESIDENCE doBY notOTHER 22MEANS constituteAS] adetermined sexby offensethe or28 childcommissioner kidnappingof incorrections. this state.

When[A thePERSON petitionWHO isIS granted,SERVING 23A theSENTENCE departmentOF shall29 removeIMPRISONMENT fromREQUIRED theUNDER central(g)(1)(A) registryOF informationTHIS aboutSECTION theBY sex30 24ELECTRONIC offenderMONITORING orAT childA kidnapperPRIVATE asRESIDENCE providedMAY inNOT BE 31 SUBJECT TO A SEARCH OF THE PERSON'S DWELLING BY A PEACE OFFICER OR A PERSON REQUIRED TO ADMINISTER THE ELECTRONIC 02 MONITORING UNDER AS 18.65.087(d)(4).33.30.065(a), EXCEPT UPON PROBABLE CAUSE.] 03 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 04 community residential center or at a private residence if approved by the 05 commissioner of corrections.

Imprisonment served at a private residence must include 06 electronic monitoring under AS 33.30.065 [OR, IF ELECTRONIC MONITORING IS 07 NOT AVAILABLE, SHALL BE SERVED BY OTHER MEANS AS DETERMINED 08 BY THE COMMISSIONER OF CORRECTIONS].

The cost of imprisonment 09 resulting from the sentence imposed under (g)(1) of this section shall be paid to the 10 state by the person being sentenced.

The cost of imprisonment required to be paid 11 under this subsection may not exceed $2,000.

Upon the person's conviction, the court 12 shall include the costs of imprisonment as a part of the judgment of conviction.

Except 13 for reimbursement from a permanent fund dividend as provided in this subsection, 14 payment of the cost of imprisonment is not required if the court determines the person 15 is indigent.

For costs of imprisonment that are not paid by the person as required by 16 this subsection, the state shall seek reimbursement from the person's permanent fund 17 dividend as provided under AS 43.23.065.

A person sentenced under (g)(1)(B) of this 18 section shall perform at least 160 hours of community service work, as required by the 19 director of the community residential center or other appropriate place, or as required 20 by the commissioner of corrections if the sentence is being served at a private 21 residence.

In this subsection, "appropriate place" means a facility with 24-hour on-site 22 staff supervision that is specifically adapted to provide a residence, and includes a 23 correctional center, residential treatment facility, hospital, halfway house, group home, 24 work farm, work camp, or other place that provides varying levels of restriction.

AS 12.63.02034.03.360(7) is amended to read:

26 Sec.(7) "illegal activity involving a controlled substance" means a violation 27 of AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9) [11.71.030(a)(1), (2), OR (4) 28 - (8)], or 11.71.040(a)(1), (2), or (5);

12.63.020.29 * Sec.

Duration of sex offender or child kidnapper duty to 27 register.

(a) The duty of a sex offender or child kidnapper to comply with the 28 requirements of AS 12.63.010 is as follows:

29 (1) for a sex offender or child kidnapper, as that term is defined in 30 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 31 (A) [(1)] continues for the lifetime of a sex offender or child kidnapper convicted of 02 (i) [(A)] one aggravated sex offense;

or 03 (ii) [(B)] two or more sex offenses, two or more child 04 kidnappings, or one sex offense and one child kidnapping;

for purposes 05 of this section, a person convicted of indecent exposure before a person 06 under 16 years of age under AS 11.41.460 more than two times has 07 been convicted of two or more sex offenses;

08 (B) [(2)] ends 15 years following the sex offender's or child 09 kidnapper's unconditional discharge from a conviction for a single sex offense 10 that is not an aggravated sex offense or for a single child kidnapping if the sex 11 offender or child kidnapper has supplied proof that is acceptable to the 12 department of the unconditional discharge;

the registration period under this 13 subparagraph 14 (i) [PARAGRAPH (A)] is tolled for each year that a 15 sex offender or child kidnapper [(i)] fails to comply with the 16 requirements of this chapter or [;

(ii)] is incarcerated for the offense or 17 kidnapping for which the offender or kidnapper is required to register 18 or for any other offense;

19 (ii) [(B)] may include the time a sex offender or child 20 kidnapper was absent from this state if the sex offender or child 21 kidnapper has complied with any sex offender or child kidnapper 22 registration requirements of the jurisdiction in which the offender or 23 kidnapper was located and if the sex offender or child kidnapper 24 provides the department with proof of the compliance while the sex 25 offender or child kidnapper was absent from this state;

and 26 (iii) [(C)] continues for a sex offender or child 27 kidnapper who has not supplied proof acceptable to the department of 28 the offender's or kidnapper's unconditional discharge for the sex 29 offense or child kidnapping requiring registration;

30 (2) for a sex offender or child kidnapper, as that term is defined in 31 AS 12.63.100(6)(B), the duty continues for the period determined by the department under (b) of this section.

02 (b) The department shall adopt, by regulation, 03 (1) procedures to notify a sex offender or child kidnapper 04 (A) who, on the registration form under AS 12.63.010, lists a 05 conviction for a sex offense or child kidnapping that is a violation of a former 06 law of this state or a law of another jurisdiction, of the duration of the 07 offender's or kidnapper's duty under (a) of this section for that sex offense or 08 child kidnapping;

09 (B) as that term is defined in AS 12.63.100(6)(B), of the 10 duration of the sex offender or child kidnapper's duty under (a) of this 11 section and of the procedure to petition for removal from the central 12 registry;

in adopting regulations under this subparagraph, the 13 department shall 14 (i) consider the period of registration required in the 15 other jurisdiction;

and 16 (ii) provide for tolling of the registration period if 17 the sex offender or child kidnapper fails to comply with the 18 requirements of this chapter or is incarcerated;

19 (2) a requirement that an [.

AS A PART OF THE REGULATIONS, 20 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply 21 proof acceptable to the department of unconditional discharge and the date it occurred;

22 (3) procedures to remove a sex offender or child kidnapper, as that 23 term is defined in AS 12.63.100(6)(B), from the central registry of sex offenders 24 and child kidnappers.

25 * Sec.

AS 12.63.100(6)47.12.315(a) is amended to read:

2630 (6)(a) "sexNotwithstanding offenderAS or47.12.310 childand kidnapper"except meansas 27otherwise (A)provided ain personthis convicted31 ofsection, athe sexdepartment offenseshall ordisclose childinformation kidnappingto inthe 28public, on request, concerning a minor subject to this statechapter orwho anotherwas jurisdictionat regardlessleast 13 years of whetherage at the convictiontime occurredof 2902 before,commission after,of or03 on(1) Januarya 1,felony 1999;offense against a person under AS 11.41;