HB 325 — An Act relating to petitions for a change of name for certain persons; relating to the duty to register as a sex offender; relating to sexual offenses; relating to domestic violence; relating to the code of military justice; relating to consent; relating to the testing of sexual assault examination kits; relating to lifetime revocation of a teaching certificate for certain offenses; amending Rule 84, Alaska Rules of Civil Procedure; and providing for an effective date.

or (ii) causing the person to become incapacitated;

(B) by impersonating someone known to the person for the purpose of obtaining consent;

(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 (i) by authority of law;

or (ii) in a facility or program that is required by law to be licensed by the state;

or Enrolled HB 325 -2- (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.

(b) Sexual assault in the first degree [IS AN UNCLASSIFIED FE OLNY AND] is punishable as provided in AS 12.55 and is (1) an unclassified felony if the offender violates (a)(1)(A), (2), (3), or (4) of this section;

(2) a class A felony if the offender violates (a)(1)(B) of this section.

* Sec.

3.

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 (A) without consent of that person by (i) the use of force or the express or implied threat of force against any person or property;

or (ii) causing the person to become incapacitated;

(B) by impersonating someone known to the person for the purpose of obtaining consent;

(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 -3- Enrolled HB 325 (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) under circumstances not proscribed under AS 11.41.410, the offender engages in sexual penetration with another person without consent of that person.

* Sec.

4.

AS 11.41.425(a) is amended to read:

(a) An offender commits the crime of sexual assault in the third degree if the offender (1) engages in sexual contact with a person who is (A) mentally incapable;

(B) incapacitated;

or (C) unaware that a sexual act is being committed;

(2) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, engages in sexual penetration with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment;

(3) engages in sexual penetration with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Family and Community Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of the person;

(4) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, engages in sexual penetration with a person with reckless disregard that the person is in the custody or the apparent custody of the offender, or is committed to the custody of a law enforcement agency;

(5) while employed by the state or a municipality of the state as a probation officer or parole officer, or while acting as a ption officer or parole officer in the state, engages in sexual penetration with a person with reckless disregard that the person is on probation or parole;

[OR] Enrolled HB 325 -4- (6) while employed as a juvenile probation officer or as a jenile facility staff, engages in sexual penetration with a person 18 or 19 years of age with reckless disregard that the person is committed to the custody or probationary supervision of the Department of Family and Community Services;

or (7) under circumstances not proscribed under AS 11.41.420, the offender engages in sexual contact with another person without consent of that person;

in this paragraph, "sexual contact" does not include an offender knowingly causing a person to come into contact with semen.

* Sec.

5.

AS 11.41.445 is amended by adding a new subsection to read:

(c) In a prosecution under AS 11.41.410 - 11.41.427, where consent is at issue, (1) an expression of lack of consent through words or conduct means there is no consent;

an expression of lack of consent under this paragraph does not require verbal or physical resistance and may include inaction;

(2) a current or previous dating, social, or sexual relationship between the defendant and the person involved with the defendant in the conduct at issue may not by itself constitute consent;

(3) a person cannot consent if the person is fraudulently made to believe that the sexual act serves a professional purpose;

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.

* Sec.

6.

AS 11.41.470(10) is repealed and reenacted to read:

(10) "without consent" means that, under the totality of the circumstances surrounding the offense, there was not a freely given, reversible agreement specific to the conduct at issue;

in this paragraph, "freely given" means agreement to cooperate in the act was positively expressed by word or action.

* Sec.

7.

AS 11.41.530(a) is amended to read:

(a) A person commits the crime of coercion if, under circumstances not proscribed under AS 11.41.410 - 11.41.427, the person compels another to engage in -5- Enrolled HB 325 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 another may (1) inflict physical injury on anyone, except under circumstances constituting robbery in any degree, or commit any other crime;

(2) accuse anyone of a 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 credit or business repute;

(4) take or withhold action as a public servant or cause a public servant to take or withhold action;

(5) bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the person making the threat or suggestion purports to act;

(6) testify or provide information or withhold testimony or information with respect to a person's legal claim or defense.

* Sec.

8.

AS 11.56.840(a) is amended to read:

(a) A person commits the crime of failure to register as a sex offender or child kidnapper in the second degree if the person (1) is required to register under AS 12.63.010;

(2) knows that the person is required to register under AS 12.63.010;

and (3) fails to (A) register;

(B) file written notice of (i) change of residence;

(ii) change of mailing address;

(iii) establishment of an electronic or messaging address or any change to an electronic or messaging address;

[OR] (iv) establishment of an Internet communication Enrolled HB 325 -6- identifier or any change to an Internet communication identifier;

or (v) change of name;

(C) file the annual or quarterly written verification;

or (D) supply accurate and complete information required to be submitted under this paragraph.

* Sec.

9.

AS 11.61.118(a) is amended to read:

(a) A person commits the crime of harassment in the first degree if, under circumstances not proscribed under AS 11.41.410 - 11.41.427 or 11.41.434 - 11.41.440 [AS 11.41.434 - 11.41.440], the person violates AS 11.61.120(a)(5) and the offensive physical contact is contact (1) with human or animal blood, mucus, saliva, semen, urine, vomitus, or feces;

or (2) by the person touching through clothing another person's genitals, buttocks, or female breast.

* Sec.

10.

AS 12.55.035(b) is amended to read:

(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, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first degree under AS 11.66.110(a)(2), or misconduct involving a controlled substance in the first degree;

(2) $250,000 for a class A felony;

(3) $100,000 for a class B felony;

(4) $50,000 for a class C felony;

(5) $25,000 for a class A misdemeanor;

(6) $2,000 for a class B misdemeanor;

(7) $500 for a violation.

* Sec.

11.

AS 12.55.125(i) is amended to read:

(i) A defendant convicted of -7- Enrolled HB 325 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex trafficking in the first degree 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:

(A) if the offense is a first felony conviction, the offense does not involve circumstances described in (B) of this paragraph, and the victim was (i) less than 13 years of age, 25 to 35 years;

(ii) 13 years of age or older, 20 to 30 years;

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

(C) if the offense is a second felony conviction and does not involve circumstances described in (D) of this paragraph, 30 to 40 years;

(D) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 35 to 45 years;

(E) if the offense is a third felony conviction and the defendant is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 to 60 years;

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

(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, or sex trafficking in the first degree 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 Enrolled HB 325 -8- presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:

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

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

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

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

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

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

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

(3) 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 sexual assault in the first degree under AS 11.41.410(a)(1)(B) 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:

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

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

(C) if the offense is a second felony conviction and the -9- Enrolled HB 325 defendant has a prior conviction for a sexual felony, 15 to 30 years;

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

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

(4) sexual assault in the third degree, sexual abuse of a minr 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(f)(1) or (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, sexual abuse of a minor in the second degree, unlawful exploitation of a minor, or distribution of child pornography, 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:

(A) if the offense is a first felony conviction and does not involve the circumstances described in (B) or (C) of this paragraph, two to 12 years;

(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 paragraph, four to 12 years;

(C) if the offense is a first felony conviction under AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create a mechanism for multi-party sharing or distribution of child pornography, or received a financial benefit or had a financial interest in a child pornography sharing or distribution mechanism, six to 14 years;

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

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

(F) if the offense is a third felony conviction and does not Enrolled HB 325 -10- involve circumstances described in (G) of this paragraph, 15 to 25 years;

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

* Sec.

12.

AS 12.63.010(c) is amended to read:

(c) If a sex offender or child kidnapper changes residence or obtains a change of name under AS 09.55.010 or AS 25.24.165 after having registered under (a) of this section, the sex offender or child kidnapper shall provide written notice of the change by the next working day following the change to the Alaska state trooper post or municipal police department located nearest to the new residence or, if the residence change is out of state, to the central registry.

If a sex offender or child kidnapper establishes or changes an electronic mail address, instant messaging address, or other Internet communication identifier, the sex offender or child kidnapper shall, by the next working day, notify the department in writing of the changed or new address or identifier.

* Sec.

13.

AS 14.20.030(b) is amended to read:

(b) The commissioner or the Professional Teaching Practices Commission shall revoke for life the certificate of a person who has been convicted of a crime, or an attempt, solicitation, or conspiracy to commit a crime, involving a minor under AS 11.41.410 - 11.41.460, AS 11.61.125, or 11.61.127, or a law or ordinance in another jurisdiction with elements similar to an offense described in this subsection.

* Sec.

14.

-11- Enrolled HB 325 (F) terrorist threatening under AS 11.56.807 or 11.56.810;

HB0325a -1- HB 325 New Text Underlined [DELETED TEXT BRACKETED] 32-LS1526\A (H) harassment under AS 11.61.120(a)(2) - (4) or (6);

HB* 325Sec. -2- HB0325a New Text Underlined [DELETED TEXT BRACKETED]

15.

AS 25.24.165 is amended by adding new subsections to read:

(c) This section does not apply to a person who seeks a change of name other than a prior name and who is committed to the custody of the Department of Corrections, on probation under AS 33.05, on parole under AS 33.16, or required to register as a sex offender under AS 12.63.

(d) A person seeking a change of name to a prior name under this section shall notify the court if the person is (1) committed to the custody of the Department of Corrections, on probation under AS 33.05, or on parole under AS 33.16;

a person subject to this paragraph shall provide proof satisfactory to the court that notice of the petition has been provided to the person's assigned probation or parole officer;

(2) required to register as a sex offender under AS 12.63;

a person subject to this paragraph shall provide proof satisfactory to the court that notice of the petition has been provided to the Department of Public Safety;

or (3) charged with an offense;

a person subject to this paragraph shall provide the court with the case number associated with the offense.

* Sec.

16.

AS 26.05.900(e) is amended by adding a new paragraph to read:

(9) "consent" has the meaning given in AS 26.05.890(h).

* Sec.

17.

AS 33.05.020 is amended by adding a new subsection to read:

(j) The commissioner shall notify the victim of a crime upon receiving notice that a probationer has filed a petition for a change of name under AS 09.55.010.

* Sec.

18.

AS 33.16.180 is amended to read:

Sec.

33.16.180.

Duties of the commissioner.

The commissioner shall (1) conduct investigations of prisoners eligible for discretionary parole, as requested by the board and as provided in this section;

(2) supervise the conduct of parolees;

Enrolled HB 325 -12- (3) appoint and assign parole officers and personnel;

(4) notify the board and provide information on a prisoner 120 days before the prisoner's mandatory release date, if the prisoner is to be released on mandatory parole;

(5) maintain records, files, and accounts as requested by the board;

(6) prepare preparole reports under AS 33.16.110(a);

(7) notify the board in writing of a prisoner's compliance or noncompliance with the prisoner's case plan created under AS 33.30.011(a)(8) not less than 30 days before the prisoner's next parole eligibility date or the prisoner's parole hearing date, whichever is earlier;

(8) establish an administrative sanction and incentive program to facilitate a swift and certain response to a parolee's compliance with or violation of the conditions of parole and shall adopt regulations to implement the program;

at a minimum, the regulations must include (A) a decision-making process to guide parole officers in determining the suitable response to positive and negative offender behavior that includes a list of sanctions for the most common types of negative behavior, including technical violations of conditions of parole, and a list of incentives for compliance with conditions and positive behavior that exceeds those conditions;

(B) policies and procedures that ensure (i) a process for responding to negative behavior that includes a review of previous violations and sanctions;

(ii) that enhanced sanctions for certain negative conduct are approved by the commissioner or the commissioner's designee;

and (iii) that appropriate due process protections are included in the process, including notice of negative behavior, an opportunity to dispute the accusation and the sanction, and an opportunity to request a review of the accusation and the sanction;

[AND] (9) within 30 days after sentencing of an offender, provide the victim -13- Enrolled HB 325 of a crime information on the earliest dates the offender could be released on furlough, probation, or parole, including deductions or reductions for good time or other good conduct incentives, and the process for release, including contact information for the decision-making bodies;

and (10) notify the board and the victim of a crime upon receiving notice that a parolee has filed a petition for a change of name under AS 09.55.010 or AS 25.24.165.

* Sec.

19.

AS 33.30.013(a) is amended to read:

(a) The commissioner shall notify the victim if [THE OFFENDER] (1) the offender escapes from custody;

(2) the offender is discharged from parole under AS 33.16;

[OR] (3) the offender is released to the community on a furlough, on an early release program, or for any other reason;

or (4) the commissioner receives notice that the offender has filed a petition for a change of name under AS 09.55.010 or AS 25.24.165.

* Sec.

20.

AS 44.41.065(a) is amended to read:

(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;

(2) ensure that the laboratory to which the sexual assault examination kit is sent under (1) of this subsection conducts a serological or DNA test on the sexual assault examination kit within six months [ONE YEAR] after the laboratory receives the sexual assault examination kit;

and (3) within two weeks after the laboratory that receives the sexual assault examination kit under (1) of this subsection completes serological or DNA testing, make a reasonable effort to notify the victim from whom the sexual assault examination kit was collected that the sexual assault examination kit has been tested.

* Sec.

21.

AS 26.05.900(e)(8) is repealed.

Enrolled HB 325 -14- * Sec.

22.

The uncodified law of the State of Alaska is amended by adding a new section to read:

INDIRECT COURT RULE AMENDMENT.

AS 09.55.010, as amended by sec.

1 of this Act, and AS 25.24.165, as amended by sec.

15 of this Act, have the effect of changing Rule 84, Alaska Rules of Civil Procedure, by establishing specific parties that must be notified and findings that must be made by the court when certain persons petition for a change of name.

* Sec.

23.

The uncodified law of the State of Alaska is amended by adding a new section to read:

APPLICABILITY.

(a) AS 11.41.410, as amended by sec.

2 of this Act, AS 11.41.420(a), as amended by sec.

3 of this Act, AS 11.41.425(a), as amended by sec.

4 of this Act, AS 11.41.445(c), enacted by sec.

5 of this Act, AS 11.41.470(10), as repealed and reenacted by sec.

6 of this Act, AS 11.41.530(a), as amended by sec.

7 of this Act, AS 11.56.840(a), as amended by sec.

8 of this Act, AS 11.61.118(a), as amended by sec.

9 of this Act, AS 12.55.035(b), as amended by sec.

10 of this Act, AS 12.55.125(i), as amended by sec.

11 of this Act, AS 14.20.030(b), as amended by sec.

13 of this Act, AS 26.05.900(e), as amended by sec.

16 of this Act, and the repeal of AS 26.05.900(e)(8) by sec.

21 of this Act apply to offenses committed on or after the effective date of secs.

2 - 11, 13, 16, and 21 of this Act.

(b) AS 12.63.010(c), as amended by sec.

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

12 of this Act.

* Sec.

24.

The uncodified law of the State of Alaska is amended by adding a new section to read:

CONDITIONAL EFFECT.

AS 09.55.010(b) and (c), enacted by sec.

1 of this Act, and AS 25.24.165(c) and (d), enacted by sec.

15 of this Act, take effect only if sec.

22 of this Act receives the two-thirds majority vote of each house required by art.

IV, sec.

15, Constitution of the State of Alaska.

* Sec.

25.

Section 20 of this Act takes effect July 1, 2023.

* Sec.

26.

Except as provided in sec.

25 of this Act, this Act takes effect January 1, 2023.

-15- Enrolled HB 325