SB 189 — An Act relating to sex trafficking; establishing the crime of patron of a victim of sex trafficking; relating to the crime of human trafficking; relating to sentencing for sex trafficking and patron of a victim of sex trafficking; establishing the process for a vacatur of judgment for a conviction of prostitution; and providing for an effective date.

(c) Patron of a victim of sex trafficking is a (1) class B felony if the person violates (a)(2) of this section;

(2) class C felony if the person violates (a)(1) of this section.

Sec.

11.41.357.

Inducing or causing a person to engage in a commercial sexual act.

For purposes of AS 11.41.340 - 11.41.355, a person induces or causes another person to engage in a commercial sexual act including by (1) exposing or threatening to expose confidential information, whether true or false, that would subject a person to hatred, contempt, or ridicule;

(2) destroying, concealing, or threatening to destroy or conceal an actual or purported passport or immigration document or another actual or purported identification document of a person;

(3) threatening to report a person to a government agency for the purpose of arrest or deportation;

(4) threatening to collect a debt;

(5) instilling in a person a fear that lodging, food, clothing, or medication will be withheld;

(6) providing a schedule IA, IIA, IIIA, IVA, or VA controlled substance to or withholding a schedule IA, IIA, IIIA, IVA, or VA controlled substance from the other person;

or CSSB 189(JUD) -4- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G (7) deception.

4.3.

(a) A person commits the crime of human trafficking in the first degree if, under circumstances not proscribed under AS 11.41.340 - 11.41.357,11.41.350, the person (1) [COMPELS OR] induces or causes another person to engage in [SEXUAL CONDUCT,] adult entertainment [,] or labor [IN THE STATE] by force or threat of force against any person;

5.4.

6.5.

AS 11.41.36511.41.365(a) is amended to read:

Sec.SB0189A -3- SB 189 New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A (a) A person commits the crime of human trafficking in the second degree if, under circumstances not proscribed under AS 11.41.340 - 11.41.350 and with the intent to promote human trafficking, the person recruits, entices, or otherwise induces or causes another person to engage in adult entertainment or labor by (1) exposing or threatening to expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule;

11.41.365.

Human trafficking in the second degree.

(a) A person commits the crime of human trafficking in the second degree if the person, under circumstances not proscribed under AS 11.41.340 - 11.41.357, and with the intent to promote human trafficking, induces or causes another person to engage in adult entertainment or labor by (1) exposing or threatening to expose confidential information, whether true or false, that would subject a person to hatred, contempt, or ridicule;

(5) instilling in a person a fear that lodging,the food,person clothing,will orwithhold medicationfrom willany beperson withheldlodging, fromfood, anyclothing, person;or medication;

(6) providing a schedule IA, IIA, IIIA, IVA, or VA controlled substance or withholding a schedule IA, IIA, IIIA, IVA, or VA controlled SB0189Bsubstances -5- CSSB 189(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G substance from the other person;

or (7) deception as defined in AS 11.81.900 [OBTAINS A BENEFIT FROM THE COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE TRAFFICKING].

* Sec.

6.

AS 11.41.365(b) is amended to read:

(a) A person commits the crime of human trafficking in the third degree if the person provides services, resources, or other assistance within thefurtherance intentof to promote a violation of AS 11.41.360 or 11.41.365.

(b) Human trafficking in the third degree is (1) a class B felonyfelonyif if the value of the services, resources,orresources, or other assistance provided is $200 or more;more.

(2)(c) Human trafficking in the third degree is a class C felonyfelonyif if the value of the SB 189 -4- SB0189A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A services, resources,orresources, or other assistance provided is less than $200.

Human trafficking applicability of certain activities.

A normal caretaker request of a child or a normal interaction with a child is not a violation of AS 11.41.360 - 11.41.366.

Sec.

11.41.368.

In a prosecution under AS 11.41.340 - 11.41.366, it is not necessary that the testimony of the person whose conduct is alleged to have been inducedcompelled or causedpromoted be corroborated by the testimony of any other witness or by documentary or other types of evidence.

11.41.369.11.41.368.

AS 11.41.370 is amended by adding new paragraphs to read:

(4) "adult entertainment" means the conduct described in AS 23.10.350(f)(1) - (3)(A) and (B);

(5) "commercial sexual conduct" means sexual conduct for which anything of value is given or received by any person;

in this paragraph, "anything of value" does not include compensation for reasonably apportioned shared expenses of a residence;

(6) "place of prostitution" means any place where another person engages in commercial sexual conduct;

(7) "prostitution enterprise" means an arrangement in which two or more persons are organized to render commercial sexual conduct;

(8) "services, resources, or other assistance" includes financial support, business services, lodging, transportation, providing false identification documents or other documentation, equipment, facilities, or any other service or property regardless of whether the person is compensated;

in this paragraph, "services, resources, or other assistance" does not include charitable or humanitarian aid provided directly to a victim of sex trafficking;

(9) "sexual conduct" means participating in, observing, or requiring another person to observe sexual contact, sexual penetration, or the conduct described in AS 11.61.140(f);

(10) "sexual contact" has the meaning given in AS 11.81.900;

(11) "sexual penetration" has the meaning given in AS 11.81.900;

SB0189A -5- SB 189 New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A (12) "victim of sex trafficking" means a person who has been induced or caused to engage in commercial sexual conduct by the conduct of another person, including (A) force or the threat of force against any person;

(B) exposing or threatening to expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule;

(C) destroying, concealing, or threatening to destroy or conceal an actual or purported passport or immigration document or another actual or purported identification document of any person;

(D) threatening to report a person to a government agency for the purpose of arrest or deportation;

(E) threatening to collect a debt;

(F) instilling a fear that the person will withhold from any person lodging, food, clothing, or medication;

(G) providing or withholding controlled substances from the person;

(H) deception as defined in AS 11.81.900;

or (I) the conduct described in AS 11.41.345.

* Sec.

9.

(a) A person commits the crime of coercion if, under circumstances not proscribed under AS 11.41.340 - 11.41.366, the person compels another to engage in conduct from which there is a legal right to abstain or abstain from conduct in which there is a legal right to engage, by means of instilling in the person who is compelled a fear that, if the demand is not complied with, the person who makes the demand or CSSB 189(JUD) -6- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G another may (1) inflict physical injury on anyone, except under circumstances constituting robbery in any degree, or commit any other crime;

(3) expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule or to impair the person's SB 189 -6- SB0189A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A credit or business repute;

9.10.

(M) sexual abuse of a minor in the first degree under SB0189B -7- CSSB 189(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G AS 11.41.434;

(P) sexual abuse of a minor in the fourth degree under SB0189A -7- SB 189 New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A AS 11.41.440;

(Y) sex trafficking in the third degree under AS 11.41.350;11.41.347 [AS 11.66.130];

[ASor 11.66.130;(Z) sex trafficking in the fourth degree under AS 11.66.135;

OR] (Z) sex trafficking in the fourth degree under AS 11.66.135;

or (AA) patron of a victim of sex trafficking under AS 11.41.355;

10.11.

(d) Prostitution [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, PROSTITUTION] is a (1) class B misdemeanor if the defendantperson violates (a)(1) of this section;

CSSB 189(JUD) -8- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G (2) class A misdemeanor if the defendantperson violates (a)(2) of this section;

(3) a class C felony if the defendantperson violates (a)(2) of this section and, within the preceding five years, the defendantperson has been previously convicted on two or more separate occasions in this or another jurisdiction of an offense under (a)(2) of this section or an offense under another law or ordinance with similar elements.

11.

AS 11.66.100 is amended by adding a new subsection to read:

(f) Upon conviction under (d)(3) of this section, any property used to institute, aid, or facilitate, or received or derived from, a violation of (d)(3) of this section may be forfeited.

* Sec.

AS 11.66.100 is amended by adding new subsections to read:

(f) Upon conviction under (d)(3) of this section, any property used to institute, aid, or facilitate a violation of (d)(3) of this section may be forfeited.

(g) In this section, "sexual conduct" has the meaning given in AS 11.41.370.

SB 189 -8- SB0189A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A 2 * Sec.

13.

(a) For purposes of sentencing under AS 12.55, all offenses defined in this title, except murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, sex trafficking in the first degree under AS 11.41.340, human trafficking in the first degree,degree under AS 11.41.360, sexual assault in the first degree, sexual abuse of a minorminothe in the first degree, misconduct involving a controlled substance in the first degree, sex[SEX traffickingTRAFFICKING inIN theTHE firstFIRST degreeDEGREE [UNDERUNDER AS 11.66.110(a)(2)],11.66.110(a)(2),] and kidnapping, are classified on the basis of their seriousness, according to the type of injury characteristically caused or risked by commission of the offense and the culpability of the offender.

Except for murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, sex trafficking in the first degree under AS 11.41.340, human trafficking in the first degree,degree under AS 11.41.360, sexual assault in the first degree, sexual abuse of a minor ininthe the first degree, misconduct involving a controlled substance in the first degree, sex[SEX traffickingTRAFFICKING inIN theTHE firstFIRST degreeDEGREE [UNDERUNDER AS 11.66.110(a)(2)],11.66.110(a)(2),] and kidnapping, the offenses in this title are classified into the following categories:

(2) class B felonies, which characteristically involve conduct resulting SB0189B -9- CSSB 189(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G in less severe violence against a person than class A felonies, aggravated offenses against property interests, or aggravated offenses against public administration or order;

(4) class A misdemeanors, which characteristically involve less severe violence against a person, less serious offenses against property interests, less serious SB0189A -9- SB 189 New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A offenses against public administration or order, or less serious offenses against public health and decency than felonies;

13.14.

(b) The classification of each felony defined in this title, except murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, sex trafficking in the first degree under AS 11.41.340, human trafficking in the first degree,degree under AS 11.41.360, sexual assault in the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, sex[SEX traffickingTRAFFICKING inIN theTHE firstFIRST dreeDG [UNDEREREE UNDER AS 11.66.110(a)(2)],11.66.110(a)(2),] and kidnapping, is designated in the section defining it.

14.

AS 11.81.900(b) is amended by adding new paragraphs to read:

(69) "adult entertainment" means the conduct described in AS 23.10.350(f)(1) - (3);

(70) "commercial sexual act" means a sexual act for which anything of value is given or received by any person;

in this paragraph, "anything of value" does CSSB 189(JUD) -10- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G not include compensation for reasonably apportioned shared expenses of a residence;

(71) "services, resources, or other assistance" includes financial support, business services, lodging, transportation, providing false identification documents or other documentation, equipment, facilities, or any other service or property, regardless of whether the person is compensated;

(72) "sexual act" means sexual penetration or sexual contact;

(73) "victim of sex trafficking" means a person who has been induced or caused to engage in a commercial sexual act under AS 11.41.340 - 11.41.350;

* Sec.

AS 12.10.01012.10.010(a) is amended to read:

Sec.

12.10.010.

General time limitations.

(5) a violation of AS 11.41.42511.41.425, [AS 11.41.425], 11.41.427, 11.41.450 - 11.41.458, [AS 11.66.110 - 11.66.130,] or former AS 11.41.430, when committed against a person who, at the time of the offense, was under 18 years of age;

SB 189 -10- SB0189A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A (7) distribution of child pornography in violation of AS 11.61.125;

(8) sex trafficking in theviolation firstof orAS second11.41.340 degreeand [VIOLATION11.41.345 OF[AS AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR CLASS B FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT THE TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE];

(9) human trafficking in theviolation firstof orAS second11.41.360 degreeand [VIOLATION11.41.365 OF[AS AS 11.41.360 OR 11.41.365].

(b) Except as otherwise provided by law or in (a) of this section, a person may not be prosecuted, tried, or punished for an offense unless the indictment is found or the information or complaint is instituted not later than SB0189B -11- CSSB 189(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G (1) 10 years after the commission of a felony offense in violation of AS 11.41.120 - 11.41.330, 11.41.350, 11.41.366, 11.41.425(a)(1), 11.41.425(a)(5), 11.41.425(a)(6), or 11.41.450 - 11.41.458;

or (2) five years after the commission of any other offense.

(4) sex trafficking in[IN theTHE firstFIRST orOR secondSECOND degreeDEGREE] under AS 11.41.340 orand 11.41.345 [AS 11.66.110 AND 11.66.120];

or (5) human trafficking in[IN theTHE firstFIRST orDEGREE] second degree under AS 11.41.360 orand 11.41.365.

AS 12.45.049 is amended to read:

Sec.

12.45.049.

Privilege relating to domestic violence, sex trafficking, and sexual assault counseling.

Confidential communications between a victim of domestic violence, sex trafficking, or sexual assault and a victim counselor are privileged under AS 18.66.200 - 18.66.250.

* Sec.

18.

(b) Upon conviction of an offense, a defendant who is not an organization may be sentenced to pay, unless otherwise specified in the provision of law defining the offense, a fine of not more than (1) $500,000 for murder in the first or second degree, attempted murder in the first degree, murder of an unborn child, sex trafficking in the first degree under AS 11.41.340, human trafficking in the first degree,degree under AS 11.41.360, sexual assault in the first degree, sexual abuse of a minor ininthe the first degree, CSSBkidnapping, 189(JUD)[SEX -12-TRAFFICKING SB0189BIN NewTHE TextFIRST UnderlinedDEGREE [DELETEDUNDER TEXTSB0189A BRACKETED]-11- 32-GS2029\GSB kidnapping,189 sexNew traffickingText inUnderlined the[DELETED firstTEXT degreeBRACKETED] [UNDER32-GS2029\A AS 11.66.110(a)(2)],11.66.110(a)(2),] or misconduct involving a controlled substance in the first degree;

19.18.

or SB0189BSB -13-189 CSSB-12- 189(JUD)SB0189A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G32-GS2029\A (5) is charged with a crime involving domestic violence, as defined in AS 18.66.990.

20.19.

21.20.

or (2) caused the death of the child by committing a crime against a person under CSSBSB0189A 189(JUD)-13- -14-SB SB0189B189 New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G32-GS2029\A AS 11.41.200 - 11.41.530.

22.21.

(i) A defendant convicted of (1) sexual assault in the first degree, sex trafficking in the first degree, sexual abuse of a oinminor in the first degree, or unlawful exploitation of a minor under AS 11.41.455(c)(2),11.41.455(c)(2) or[, sexOR traffickingSEX inTRAFFICKING theIN firstTHE degreeFIRST [UNDERDEGREE UNDER AS 11.66.110(a)(2)] may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:

(2) sex trafficking in the second degree, unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), sex trafficking in the second degree, or attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sexualsex SB0189BSB -15-189 CSSB-14- 189(JUD)SB0189A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G32-GS2029\A trafficking in the first degree, sexual abuse of a minor in the first degree, or unlawful exploitation of a minor under AS 11.41.455(c)(2),11.41.455(c)(2) or[OR sexSEX traffickingTRAFFICKING inIN theTHE firstFIRST degreeDEGREE [UNDERUNDER AS 11.66.110(a)(2)] may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:

(3) sexual assault in the second degree, sex trafficking in the third degree under AS 11.41.350(c)(1),11.41.347(b), patron of a victim of sex trafficking under AS 11.41.355(c)(1),11.41.350(c), sexual assault in the second degree, sexual abuse of a minor in the second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the first degree under AS 11.41.458(b)(2), [OR] distribution of child pornography under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation to commit,commit sex trafficking in the second degree,degree or unlawful exploitation of a minor under ASSB0189A 11.41.455(c)(1),-15- orSB enticement189 of a minor under AS 11.41.452(e) may be CSSB 189(JUD) -16- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G32-GS2029\A AS 11.41.455(c)(1) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:

(4) sexsexual assault in the third degree,sex trafficking in the third degree under AS 11.41.350(c)(2),11.41.347(c), patron of a victim of sex trafficking under AS 11.41.355(c)(2),11.41.350(b), sexual assault in the third degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under AS 11.41.458(b)(1), indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)],(2),] 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 the second degree, sex trafficking in the third degree under AS 11.41.350(c)(1),11.41.347(b), patron of a victim of sex trafficking under AS 11.41.355(c)(1),11.41.350(c), sexual assault in the second degree, sexual abuse of a minor in the second degree, [UNLAWFUL EXPLOITATION OF A MINOR,]MINOR, orOR] distribution of child pornography under AS 11.61.125(e)(2), may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:

(B) if the offense is a first felony conviction under AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this SB0189BSB -17-189 CSSB-16- 189(JUD)SB0189A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G32-GS2029\A paragraph, four to 12 years;

23.22.

(q) A defendant convicted under AS 11.66.100(a)(2) shall be sentenced to a minimum term of imprisonment of (1) 72 hours if the defendant has been previously convicted once in the previous five years in this or another jurisdiction of an offense under AS 11.66.100(a)(2) or an offense under another law or ordinance with similar elements.elements;

(2) 20 days if the defendant has been previously convicted two or more times in this or another jurisdiction of an offense under AS 11.66.100(a)(2) or under another law or ordinance with similar elements and is not subject to punishment under AS 11.66.100(d)(3).

24.23.

or (B) an attempt, or conspiracy to commit, or criminal SB0189A -17- SB 189 New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A solicitation under AS 11.31.110 of, an unclassified felony prescribed under AS 11.41;

25.24.

(16) "sexual felony" means sexual assault in the first degree, sexual CSSB 189(JUD) -18- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G abuse of a minor in the first degree, sex trafficking in the first degree, sex trafficking in the second degree, sexual assault in the second degree, sexual abuse of a minor in the second degree, sex trafficking in the thirdsecond degree, patron of a victim of sex trafficking, sexual abuse of a minor in the third degree under AS 11.41.438(c), sex trafficking in the third degree, unlawful exploitation of a minor, indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], patron of a victim of sex trafficking, distribution of indecent material to minors, distribution of child pornography, sexual assault in the third degree, incest, indecent exposure in the first degree, possession of child pornography, enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes;

26.25.

(F) AS 11.66.100 [AS 11.66.100 - 11.66.130];11.66.130;

(G)(G)] former AS 11.15.120, former 11.15.134, or assault with the intent to commit rape under former AS 11.15.160;

or (H)(G) [(H)] former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 11.40.420, if committed before January 1, 1980.

27.26.

(7) "sex offense" means (A) a crime under AS 11.41.100(a)(3), or a similar law of SB 189 -18- SB0189A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A another jurisdiction, in which the person committed or attempted to commit a sexual offense, or a similar offense under the laws of the other jurisdiction;

(B) a crime under AS 11.41.110(a)(3), or a similar law of SB0189B -19- CSSB 189(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G another jurisdiction, in which the person committed or attempted to commit one of the following crimes, or a similar law of another jurisdiction:

(vi) former[AS AS 11.66.110, former 11.66.130(a)(2)(B), orOR] AS 26.05.900(b) if the person who was induced or caused to engage in prostitution was under 20 years of age at the time of the offense;

(x)] AS 26.05.890 if the person engaged in sexual SB0189A -19- SB 189 New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A penetration or sexual contact with the victim;

(x) [(xi)] AS 26.05.890 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, regardless of whether the offender is in the direct chaiomandcmchain oomand over the victim;

CSSB 189(JUD) -20- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G (xi) [(xii)] AS 26.05.893 if the person engaged in sexual penetration or sexual contact with the victim;

(xiii) [(xiv)] AS 26.05.900 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, regardless of whether the offender is in the direct chain omandoomand over the victim;

(xv) AS 11.41.340 -and 11.41.35511.41.345; [AS 11.61.123(f)(1) OR (2)];

(xvi) AS 11.41.350 [AS 11.61.123(f)(1) OR (2);] (D) an offense, or an attempt, solicitation, or conspiracy to commit an offense, under AS 26.05.935(b), or a similar law of another jurisdiction, if the member of the militia commits one of the following enumerated offenses punishable under Article 134, 10 U.S.C.

28.27.

AS 12.7212 is amended by adding a new sectionschapter to read:

Chapter 74.

Vacatur of Judgment.

12.72.100.12.74.010.

VacationVacatur of judgment of conviction for prostitutionprostitution. or misconduct involving a controlled substance.

A personSB who,189 at-20- theSB0189A timeNew ofText theUnderlined offense,[DELETED wasTEXT orBRACKETED] would32-GS2029\A haveperson beenconvicted aor victimadjudicated ofdelinquent sexfor traffickingprostitution asunder definedAS in11.66.100(a)(1) ASor 11.81.900,a thatsimilar wasordinance convictedof ora adjudicatedmunicipality delinquentmay forpetition prostitutionthe undercourt ASto 11.66.100(a)(1),vacate misconductthe involvingjudgement aif, controlledat substancethe undertime ASof 11.71.050the oroffense, 11.71.060,the person was or awould similarhave municipalbeen ordinancea mayvictim petitionof thesex courttrafficking tounder vacateAS the11.41.340 judgment.or 11.41.345.

SB0189B -21- CSSB 189(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G Sec.

12.72.105.12.74.020.

Filing of petition for vacationa vacatur of judgment.judgment of conviction for prostitution.

(b) IfThe the prosecuting authority doesshall not file a response within 45 days after service of the petition,petition. the court may grant the vacation of judgment without further proceedings.

12.72.110.12.74.030.

Limitations on petitions for vacationa vacatur of judgment.

(a) A petition under this chapter may not be filed until a judgment has been entered or, if the conviction was appealed, until the court's decision is final under the Alaska Rules of Appellate Procedure.

(b) An action for a petition for a vacation of judgment under AS 12.72.100 does not give rise to the right to a trial by jury.

12.72.115.12.74.040.

Presumption and burden of proof in vacationvacatur of judgment proceedings.

(a) The person petitioning the court for a vacationvacatur of judgment of conviction or adjudication of delinquency for prostitution under AS 11.66.100(a)(1) or misconduct involving a controlled substance under AS 11.71.050 or 11.71.060 must prove all factual assertions by a preponderance of the evidence.

(b) There is rebuttable presumption that a person who was under 18 years of age at the time of the offense under AS 11.66.100(a)(1) was or would have been a victim of sex trafficking.

12.72.120.12.74.050.

VacationVacatur of judgment.

(a) If the court grants the petition for a vacationvacatur of judgment, (1) the judgment of conviction or adjudication of delinquency for prostitution under AS 11.66.100(a)(1),11.66.100(a)(1) misconductor involving a controlledsimilar substanceordinance underof AS 11.71.050 or 11.71.060, or a similarmunicipality municipal ordinance shall be vacated;

(2) the Alaska Court System may not publish on a publicly available Internet website the court records of the conviction for prostitution under AS 11.66.100(a)(1),11.66.100(a)(1) misconduct involving a controlled substance under AS 11.71.050 or 11.71.060, or a similar municipal ordinance if the person was not convicted of a felonymunicipality; charge in that case;

and CSSB 189(JUD) -22- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G (3) the Department of Public Safety may not release information related to the conviction for prostitution under AS 11.66.100(a)(1),11.66.100(a)(1) misconductor involving a controlledsimilar substanceordinance underof AS 11.71.050 - 11.71.060, or a similarmunicipality municipal ordinance in response to a request under AS 12.62.160(b)(6), (8), or SB0189A -21- SB 189 New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A (9).

(b) The Alaska Court System shall remove a person's court records from a publicly available Internet website under (a)(2) of this section within 30 days after granting a petition for vacation of judgment.

29.28.

AS 18.66.010 is amended to read:

Sec.

18.66.010.

Council on Domestic Violence and Sexual Assault;

purpose.

There is established in the Department of Public Safety the Council on Domestic Violence and Sexual Assault.

The purpose of the council is to provide for planning and coordination of services to victims of domestic violence, sex trafficking, or sexual assault or to their families and to perpetrators of domestic violence and sexual assault and to provide for crisis intervention and prevention programs.

* Sec.

30.

AS 18.66.050 is amended to read:

Sec.

18.66.050.

Duties of the council.

The council shall (1) hire an executive director, and the executive director may hire staff;

the executive director is in the exempt service under AS 39.25.110 and staff members are in the classified service under AS 39.25.100;

(2) elect one of its members as presiding officer;

(3) in consultation with authorities in the field, develop, implement, maintain, and monitor domestic violence, sexual assault, and crisis intervention and prevention programs, including educational programs, films, and school curricula on the cause, prevention, and treatment of domestic violence, sex trafficking, and sexual assault;

(4) coordinate services provided by the Department of Law, the Department of Education and Early Development, the Department of Public Safety, the Department of Health and Social Services, the Department of Corrections, and other state agencies and community groups dealing with domestic violence, sex trafficking, sexual assault, and crisis intervention and prevention, and provide technical assistance as requested by those state agencies and community groups;

SB0189B -23- CSSB 189(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G (5) develop and implement a standardized data collection system on domestic violence, sex trafficking, sexual assault, and crisis intervention and prevention;

(6) conduct public hearings and studies on issues relating to violence, including domestic violence, sex trafficking, and sexual assault, and on issues relating to the role of crisis intervention and prevention;

(7) receive and dispense state and federal money and award grants and contracts from appropriations for the purpose to qualified local community entities for domestic violence, sexual assault, and crisis intervention and prevention programs;

(8) oversee and audit domestic violence, sexual assault, and crisis intervention and prevention programs that receive money under this chapter;

(9) provide fiscal and technical assistance to plan, organize, implement, and administer domestic violence, sexual assault, and crisis intervention and prevention programs;

(10) make an annual report to the governor on the activities of the council, plans of the council for new services and programs, and concerns of the council, including recommendations for legislation necessary to carry out the purposes of this chapter;

the council shall notify the legislature that the report is available;

(11) adopt regulations in accordance with AS 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter and to protect the health, safety, well-being, and privacy of persons receiving services financed with grants or contracts under this chapter;

(12) consult with the Department of Health and Social Services in the formulation of standards and procedures for the delivery of services to victims of domestic violence by health care facilities and practitioners of healing arts and personnel in those facilities as required in AS 18.66.300;

(13) consult with the Alaska Police Standards Council and other police training programs in the state to develop training programs regarding domestic violence for police officers and for correction, probation, and parole officers;

(14) consult with public employers, the Alaska Supreme Court, school districts, and prosecuting authorities who are required by AS 18.66.300 - 18.66.310 to CSSB 189(JUD) -24- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G provide continuing education courses in domestic violence to employees.

* Sec.

31.

AS 18.66.060 is amended to read:

Sec.

18.66.060.

Qualifications for grants and contracts.

A local community entity is qualified to receive a grant or contract under this chapter if it agrees to provide services approved by the council to victims of domestic violence, sex trafficking, or sexual assault or their families or to perpetrators of domestic violence or sexual assault without regard to ability to pay.

* Sec.

32.

AS 18.66.210 is amended to read:

Sec.

18.66.210.

Exceptions.

The privilege provided under AS 18.66.200 does not apply to (1) reports of suspected child abuse or neglect under AS 47.17;

(2) evidence that the victim is about to commit a crime;

(3) a proceeding that occurs after the victim's death;

(4) a communication relevant to an issue of breach by the victim or victim counselor of a duty arising out of the victim-victim counselor relationship;

(5) a communication that is determined to be admissible hearsay as an excited utterance under the Alaska Rules of Evidence;

(6) a child-in-need-of-aid proceeding under AS 47.10;

(7) a communication made during the victim-victim counselor relationship if the services of the counselor were sought, obtained, or used to enable anyone to commit or plan a crime or to escape detection or apprehension after the commission of a crime;

or (8) a criminal proceeding concerning criminal charges against a victim of domestic violence, sex trafficking, or sexual assault where the victim is charged with a crime (A) under AS 11.41 against a minor;

or (B) in which the physical, mental, or emotional condition of the victim is raised in defense of the victim.

* Sec.

33.

AS 18.66.250(3) is amended to read:

(3) "victim" means a person who consults a victim counselor for assistance in overcoming adverse effects of a sexual assault, sex trafficking, or SB0189B -25- CSSB 189(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G domestic violence;

* Sec.

34.

AS 18.66.990(2) is amended to read:

(2) "crisis intervention and prevention program" means a community program that provides information, education, counseling, and referral services to individuals experiencing personal crisis related to domestic violence, sex trafficking, or sexual assault and to individuals in personal or professional transition, excluding correctional half-way houses, outpatient mental health programs, and drug or alcohol rehabilitation programs;

* Sec.

35.

CSSB 189(JUD) -26- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G (L) [SEX TRAFFICKING IN VIOLATION OF AS 11.66.110 OR 11.66.130(a)(2)(B);

or (3) the applicant being a victim of sex trafficking asunder definedAS in11.41.370(12)(A) AS- 11.81.900(b).(H).

36.29.

AS 18.85.100(c) is amended to read:

(c) An indigent person is entitled to representation under (a) and (b) of this section for purposes of bringing a timely application for post-conviction relief or a petition for vacation of judgment under AS 12.72.

An indigent person is not entitled to representation under (a) and (b) of this section for purposes of bringing (1) an untimely or successive application for post-conviction relief or a petition for vacation of judgment under AS 12.72 or an untimely or successive motion for reduction or modification of sentence;

(2) a petition for review or certiorari from an appellate court ruling on an application for post-conviction relief;

or (3) an action or claim for habeas corpus in federal court attacking a state conviction.

* Sec.

37.

SB 189 -22- SB0189A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A (c) The department may not issue a license under this section to an applicant (1) who has been convicted of any of the following offenses:

(A) a violation, or an attempt, solicitation, or conspiracy to commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 11.41.36011.41.340 - 11.41.370,11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530;

(F) distribution of indecent material to minors under SB0189B -27- CSSB 189(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G AS 11.61.128;

(H)](H) sexSEX traffickingTRAFFICKING inIN theTHE first,FIRST, second,SECOND, orOR thirdTHIRD degreeDEGREE [UNDERUNDER AS 11.66.110 - 11.66.130];11.66.130;

(H)(I)] [(I)] a felony involving distribution of a controlled substance under AS 11.71 or imitation controlled substance under AS 11.73;

(I)(H) [(J)] a felony violation under AS 28.35.030(n) or 28.35.032(p);

(J) patron of a victim of sex trafficking under AS 11.41.355;

38.30.

SB0189A -23- SB 189 New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A (10) "illegal activity involving a place of prostitution" means a violation of AS 11.41.350(a)(2)11.41.340 - 11.41.347 [AS 11.66.120(a)(1) OR 11.66.130(a)(2)(A) OR (D)];

39.31.

AS 43.23.005 is amended by adding a new subsectionsection to read:

(i) The provisions of (d) of this section do not apply if an individual's conviction or adjudication of delinquency was vacated during the qualifying year under AS 12.72.12.74.

If an individual becomes eligible under this subsection, the individual is eligible to receive a permanent fund dividend only for the qualifying year in which the conviction was vacated and each subsequent qualifying year forthat which the individual is otherwise eligible under this section.

40.32.

AS 44.23.080(a) is amended to read:

(a) If there is reasonable cause to believe that an Internet service account has CSSB 189(JUD) -28- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G been used in connection with a violation of AS 11.41.340 - 11.41.350, 11.41.452 [AS 11.41.452], 11.41.455, or AS 11.61.125 - 11.61.128, and that the identity, address, and other information about the account owner will assist in obtaining evidence that is relevant to the offense, a law enforcement officer may apply to the attorney general or the attorney general's designee for an administrative subpoena to obtain the business records of the Internet service provider located inside or outside of the state.

* Sec.

41.

conduct constituting "sexual exploitation" as defined in AS 47.17.290;47.17.290, and conduct prohibited by AS 11.41.340 - 11.41.350 [AS 11.66.100 - 11.66.150];

[,] and conduct prohibited by AS 11.41.340 - 11.41.357 [AS 11.66.100 - 11.66.150];

42.33.

SB 189 -24- SB0189A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A (iii) arson under AS 11.46.400 - 11.46.410;

(v) distribution of child pornography under SB0189B -29- CSSB 189(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G AS 11.61.125;

(vi) sex trafficking [IN THE FIRST DEGREE] under AS 11.41.340 orand 11.41.345 [AS 11.66.110];

43.34.

(5) sex trafficking under AS 11.41.340 orand 11.41.345 [IN THE FIRST DEGREE];

44.35.

SB0189A -25- SB 189 New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A (18) "sexual exploitation" includes (A) allowing, permitting, or encouraging a child to engage in a commercial sexual actconduct prohibited by AS 11.41.340 - 11.41.35711.41.350 or CSSB 189(JUD) -30- SB0189B New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G prostitution prohibited by AS 11.66.100 [AS 11.66.100 - 11.66.150], by a person responsible for the child's welfare;

45.36.

AS 11.41.360(b),11.41.360(b); 11.41.470(7);

AS 11.56.765(c)(3), 11.56.767(c)(3);

46.37.

(1) AS 11.41.340 - 11.41.357,11.41.350, enacted by sec.

32 of this Act;

43 of this Act;

4 of this Act;

(4) AS 11.41.365(a), as amended by sec.

(4)(5) AS 11.41.365,11.41.365(b), as amended by sec.

(5)(6) AS 11.41.366 - 11.41.369,11.41.368, enacted by sec.

(6)(7) AS 11.41.530(a),11.41.370(4) as- amended(12), enacted by sec.

(7)(8) AS 11.66.100(c),11.41.530(a), as amended by sec.

(8)(9) AS 11.66.100(d),11.66.100(c), as amended by sec.

(9)(10) AS 11.66.100(f),11.66.100(d), enactedas amended by sec.

(10)(11) AS 11.81.250(a),11.66.100(f) asand amended(g), enacted by sec.

(11)(12) AS 11.81.250(b),11.81.250(a), as amended by sec.

(12)(13) AS 12.10.010(a),11.81.250(b), as amended by sec.

14 of this Act;

(14) AS 12.10.010(a), as amended by sec.

(13)(15) AS 12.37.010, as amended by sec.

SB 189 -26- SB0189A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\A (1) AS 12.55.035(b), as amended by sec.

1817 of this Act;

1918 of this Act;

2019 of this Act;

20 of this Act;

(5) AS 12.55.125(i), as amended by sec.

SB0189B -31- CSSB 189(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS2029\G (5) AS 12.55.125(i), as amended by sec.

22 of this Act;

22 of this Act;

(6) AS 12.55.185(10), as amended by sec.

(7) AS 12.55.185(10),12.55.185(16), as amended by sec.

(8) AS 12.55.185(16),12.62.900(23), as amended by sec.

25 of this Act;Act.

(9) AS 12.62.900(23), as amended by sec.

26 of this Act.

2726 of this Act, applies to the duty to register as a sex offender for offenses committed on or after the effective date of sec.this Act.

27(d) ofAS this12.74.010 Act.- 12.74.050, enacted by sec.

(d)27 ASof 12.72.100this -Act, 12.72.120,applies enactedto bypetitions sec.filed on or after the effective date of this Act for conduct occurring before, on, or after the effective date of this Act.

28 of this Act, and AS 18.85.100(c), as amended by sec.

36 of this Act, apply to petitions filed on or after the effective date of sec.

28 of this Act for conduct occurring before, on, or after the effective date of sec.

28 of this Act.

(e) The following sections apply to communications made on or after the effective date of those sections relating to offenses occurring on or after the effective date of those sections:

(1) AS 09.25.400, as amended by sec.

2 of this Act;

(2) AS 12.45.049, as amended by sec.

17 of this Act;

(3) AS 18.66.210, as amended by sec.

32 of this Act;

(4) AS 18.66.250(3), as amended by sec.

33 of this Act.

47.38.

SectionThis 28 of this Act takes effect JanuaryJuly 1, 2023.2022.

*SB0189A Sec.-27- SB 189 New Text Underlined [DELETED TEXT BRACKETED]

48.

Except as provided in sec.

47 of this Act, this Act takes effect July 1, 2022.

CSSB 189(JUD) -32- SB0189B New Text Underlined [DELETED TEXT BRACKETED]