Alaska 32nd Legislature (2021-2022) Status: In Committee Bipartisan · 4 D · 1 I · 1 R cosponsors

HB 5 — An Act relating to sexual abuse of a minor; relating to sexual assault; relating to the code of military justice; relating to consent; relating to the testing of sexual assault examination kits; and providing for an effective date.

Last action — (H) COSPONSOR REMOVED: ZULKOSKY

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 32nd Legislature (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

127 added · 176 removed

Plain-language change summary

The recent changes to HB 5 focus on tightening the definitions and penalties surrounding sexual offenses against minors. The bill expands the criteria for sexual abuse of a minor to include additional circumstances where the offender holds a position of authority or resides in the same household as the victim. This adjustment is significant as it aims to provide better protection for vulnerable individuals and ensure stricter accountability for offenders, addressing specific situations that may lead to abuse. Overall, these amendments reflect a commitment to enhancing the safety of minors in various contexts.

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32-LS0065\G SPONSOR SUBSTITUTE FOR HOUSE BILL NO.
32-LS0065\I HOUSE BILL NO.
5 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - SECOND SESSION BY REPRESENTATIVES TARR, Foster, Tuck, Spohnholz, Fields, Schrage, Hopkins, Drummond, Hannan, Snyder, Story, Rasmussen, Johnson Introduced:
5 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - SECOND SESSION BY REPRESENTATIVES TARR, Foster, Tuck, Spohnholz, Fields, Schrage, Hopkins Introduced:
3/26/21 Referred:
2/18/21 Referred:
AS 11.41.410(a) is amended to read:
(a) An offender commits the crime of sexual assault in the first degree if (1) the offender engages in sexual penetration with another person without consent of that person;
(2) the offender attempts to engage in sexual penetration with another person without consent of that person and causes serious physical injury to that person;
(3) the offender engages in sexual penetration with another person (A) who the offender knows is mentally incapable;
and (B) who is in the offender's care HB0005b -1- SSHB 5 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0065\G (i) by authority of law;
or (ii) in a facility or program that is required by law to be licensed by the state;
[OR] (4) the offender engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed and (A) the offender is a health care worker;
and (B) the offense takes place during the course of professional treatment of the victim;
or (5) the offender engages in sexual penetration with a person who is induced to believe by artifice, pretense, or concealment that the offender is another person.
* Sec.
2.
AS 11.41.420(a) is amended to read:
(a) An offender commits the crime of sexual assault in the second degree if (1) the offender engages in sexual contact with another person without consent of that person;
(2) the offender engages in sexual contact with a person (A) who the offender knows is mentally incapable;
and (B) who is in the offender's care (i) by authority of law;
or (ii) in a facility or program that is required by law to be licensed by the state;
(3) the offender engages in sexual penetration with a person who is (A) mentally incapable;
(B) incapacitated;
or (C) unaware that a sexual act is being committed;
[OR] (4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and (A) the offender is a health care worker;
and (B) the offense takes place during the course of professional treatment of the victim;
or (5) the offender engages in sexual contact with a person whosi SSHB 5 -2- HB0005b New Text Underlined [DELETED TEXT BRACKETED] 32-LS0065\G induced to believe by artifice, pretense, or concealment that the offender is another person.
* Sec.
3.
[OR] (3) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 16 years of age, and (A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim;
[OR] HB0005a -1- HB 5 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0065\I (3) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 16 years of age, and (A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim;
4.
2.
(a) An offender commits the crime of sexual abuse of a minor in the second degree if, (1) being 17 years of age or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least four years, but not more than 10 years, younger than the offender, or aids, induces, causes, or encourages a person who is 13, 14, or 15 years of age and at least four years, but not more than 10 years, younger than the offender to engage in sexual penetration with HB0005b -3- SSHB 5 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0065\G another person;
(a) An offender commits the crime of sexual abuse of a minor in the second degree if, (1) being 17 years of age or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least four years, but not more than 10 years, younger than the offender, or aids, induces, causes, or encourages a person who is 13, 14, or 15 years of age and at least four years, but not more than 10 years, younger than the offender to engage in sexual penetration with another person;
(5) being 18 years of age or older, the offender engages in sexual contact with a person who is under 16 years of age, and (A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim;
(5) being 18 years of age or older, the offender engages in sexual HB 5 -2- HB0005a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0065\I contact with a person who is under 16 years of age, and (A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim;
5.
3.
(c) In a prosecution under AS 11.41.410 - 11.41.440, where consent is at SSHB 5 -4- HB0005b New Text Underlined [DELETED TEXT BRACKETED] 32-LS0065\G issue, (1) an expression of lack of consent through words or conduct means there is no consent;
(c) In a prosecution under AS 11.41.410 - 11.41.440, where consent is at issue, (1) an expression of lack of consent through words or conduct means there is no consent;
a current or previous dating, social, or sexual relationship by itself or the manner of dress of the person involved with the defendant in the conduct at issue may not constitute consent;
a current or previous dating, social, or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue may not constitute consent;
(2) a person cannot consent to force causing or likely to cause death or serious physical injury or to being rendered unconscious;
(2) a sleeping, unconscious, incompetent, or incapacitated person cannot consent;
a person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious;
in this paragraph, "professional purpose" means an act the defendant has represented as a necessary part or component of a provided service, part of the routine course of a procedure, or a component of the defendant's profession that would occur if a person sought services from another practitioner in the same field as the defendant;
a person cannot consent HB0005a -3- HB 5 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0065\I when induced to believe by any artifice, pretense, or concealment that the accused is another person;
6.
4.
(9) "consent" means a freely given, reversible agreement specific to the conduct at issue;
(9) "consent" means a freely given, reversible agreement specific to the conduct at issue by a competent person.
in this paragraph, "freely given" means agreement to cooperate in the act was positively expressed by word or action.
Show all 63 changed rows (23 more)
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7.
5.
8.
6.
9.
7.
10.
8.
(a) When a law enforcement agency collects a sexual assault examination kit HB0005b -5- SSHB 5 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0065\G under AS 18.68.010, the agency shall (1) within 30 days after the agency collects the sexual assault examination kit, send the sexual assault examination kit to an accredited laboratory in coordination with the Department of Public Safety or a laboratory operated by the Department of Public Safety;
(a) When a law enforcement agency collects a sexual assault examination kit under AS 18.68.010, the agency shall (1) within 30 days after the agency collects the sexual assault examination kit, send the sexual assault examination kit to an accredited laboratory in coordination with the Department of Public Safety or a laboratory operated by the Department of Public Safety;
11.
9.
and AS 26.05.900(e)(8) are repealed.
and AS 26.05.900(e)(8) are HB 5 -4- HB0005a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0065\I repealed.
12.
10.
AS 11.41.410(a), as amended by sec.
AS 11.41.434(a), as amended by sec.
1 of this Act, AS 11.41.420(a), as amended by sec.
1 of this Act, AS 11.41.436(a), as amended by sec.
2 of this Act, AS 11.41.434(a), as amended by sec.
2 of this Act, AS 11.41.445(c), enacted by sec.
3 of this Act, AS 11.41.436(a), as amended by sec.
3 of this Act, AS 11.41.470, as amended by sec.
4 of this Act, AS 11.41.445(c), enacted by sec.
4 of this Act, AS 11.56.765(c), as amended by sec.
5 of this Act, AS 11.41.470, as amended by sec.
5 of this Act, AS 11.56.767(c), as amended by sec.
6 of this Act, AS 11.56.765(c), as amended by sec.
6 of this Act, AS 26.05.900(e), as amended by sec.
7 of this Act, AS 11.56.767(c), as amended by sec.
7 of this Act, and the repeals of AS 11.41.470(8), AS 11.56.765(c)(4), AS 11.56.767(c)(4), and AS 26.05.900(e)(8) by sec.
8 of this Act, AS 26.05.900(e), as amended by sec.
9 of this Act apply to offenses committed on or after the effective date of secs.
9 of this Act, and the repeals of AS 11.41.470(8), AS 11.56.765(c)(4), AS 11.56.767(c)(4), and AS 26.05.900(e)(8) by sec.
1 - 7 and 9 of this Act.
11 of this Act apply to offenses committed on or after the effective date of secs.
1 - 9 and 11 of this Act.
13.
11.
Section 10 of this Act takes effect July 1, 2023.
Section 8 of this Act takes effect July 1, 2022.
SSHB 5 -6- HB0005b New Text Underlined [DELETED TEXT BRACKETED]
HB0005a -5- HB 5 New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (H) COSPONSOR REMOVED: ZULKOSKY

  2. (H) Minutes (HFIN)

  3. (H) Heard & Held -- Recessed to a Call of the Chair --

  4. (H) FINANCE at 09:00 AM ADAMS 519

  5. (H) COSPONSOR(S): JOHNSON

  6. (H) Minutes (HFIN)

  7. (H) Heard & Held -- Recessed to 10:15 am --

  8. (H) FINANCE at 09:00 AM ADAMS 519

  9. (H) Minutes (HFIN)

  10. (H) Scheduled but Not Heard -- Delayed to 9:45 am --

  11. (H) FINANCE at 09:00 AM ADAMS 519

  12. (H) Minutes (HFIN)

  13. (H) Heard & Held -- Delayed to 3:00 pm --

  14. (H) FINANCE at 01:30 PM ADAMS 519

  15. (H) Moved SSHB 5 Out of Committee -- Delayed to 1:20 pm --

  16. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  17. (H) Minutes (HFIN)

  18. (H) <Pending Referral>

  19. (H) FINANCE at 01:30 PM ADAMS 519

  20. (H) REFERRED TO FINANCE

  21. (H) FN14: (DPS)

  22. (H) FN13: (LAW)

  23. (H) FN12: (ADM)

  24. (H) FN11: (ADM)

  25. (H) FN10: INDETERMINATE(AJS)

  26. (H) FN9: ZERO(DPS)

  27. (H) FN8: ZERO(COR)

  28. (H) AM: EASTMAN, VANCE

  29. (H) NR: KREISS-TOMKINS

  30. (H) DP: DRUMMOND, SNYDER, CLAMAN

  31. (H) JUD RPT CS(JUD) NEW TITLE 3DP 1NR 2AM

  32. (H) -- MEETING CANCELED --

  33. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  34. (H) Moved CSSSHB 5(JUD) Out of Committee -- Continued from 5/04/22 --

  35. (H) JUDICIARY at 10:30 AM GRUENBERG 120

  36. (H) Heard & Held -- Recessed to 5/6/22 at 10:30 am --

  37. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  38. (H) Heard & Held -- Delayed to 1:30 pm --

  39. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  40. (H) Heard & Held

  41. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  42. (H) Heard & Held

  43. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  44. (H) Heard & Held -- Delayed to 1:30 pm --

  45. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  46. (H) Heard & Held -- Recessed to 2:55 pm --

  47. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  48. (H) Minutes (HJUD)

  49. (H) Heard & Held -- Delayed to 1:30 pm --

  50. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  51. (H) Minutes (HJUD)

  52. (H) Heard & Held

  53. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  54. (H) COSPONSOR(S): RASMUSSEN

  55. (H) COSPONSOR(S): STORY

  56. (H) FIN REFERRAL ADDED AFTER JUD

  57. (H) FN7: (DPS)

  58. (H) FN6: (DPS)

  59. (H) FN5: (LAW)

  60. (H) FN4: INDETERMINATE(COR)

  61. (H) FN3: INDETERMINATE(AJS)

  62. (H) FN2: INDETERMINATE(ADM)

  63. (H) FN1: INDETERMINATE(ADM)

  64. (H) AM: VANCE, STORY, EASTMAN, KAUFMAN, KREISS-TOMKINS

  65. (H) DP: TARR

  66. (H) STA RPT CS(STA) 1DP 5AM

  67. (H) Minutes (HSTA)

  68. (H) Moved CSSSHB 5(STA) Out of Committee

  69. (H) STATE AFFAIRS at 03:00 PM GRUENBERG 120

  70. (H) Minutes (HSTA)

  71. (H) Scheduled but Not Heard

  72. (H) STATE AFFAIRS at 03:00 PM GRUENBERG 120

  73. (H) Minutes (HSTA)

  74. (H) Heard & Held

  75. (H) STATE AFFAIRS at 03:00 PM GRUENBERG 120

  76. (H) Minutes (HSTA)

  77. (H) Heard & Held

  78. (H) STATE AFFAIRS at 03:00 PM GRUENBERG 120

  79. (H) COSPONSOR(S): SNYDER

  80. (H) Minutes (HSTA)

  81. (H) Heard & Held

  82. (H) STATE AFFAIRS at 03:00 PM GRUENBERG 120

  83. (H) COSPONSOR(S): HANNAN

  84. (H) Minutes (HSTA)

  85. (H) Heard & Held -- Please Note Time Change --

  86. (H) STATE AFFAIRS at 01:00 PM GRUENBERG 120

  87. (H) STA, JUD

  88. (H) READ THE FIRST TIME - REFERRALS

  89. (H) SPONSOR SUBSTITUTE INTRODUCED

  90. (H) COSPONSOR(S): HOPKINS

  91. (H) COSPONSOR(S): SCHRAGE

  92. (H) COSPONSOR(S): FIELDS

  93. (H) STA, JUD

  94. (H) READ THE FIRST TIME - REFERRALS

  95. (H) Prefile released 1/8/21

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 52 not signed on

Sponsors (1)

  • TARR

Co-sponsors (12)

Not signed on (52)

52 members have not signed on to this bill.

Show all 52 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

Who sponsors HB 5?
HB 5 is sponsored by TARR, Neal Foster (D), Tuck, Spohnholz, Zack Fields (D), Calvin Schrage (N), Hopkins, Drummond, Sara Hannan (D), Snyder, Andi Story (D), Rasmussen, and DeLena Johnson (R).
What is the current status of HB 5?
This bill died with 32nd Legislature (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5?
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