HB 68 — 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 prostitution; relating to sentencing for sex trafficking, patron of a victim of sex trafficking, and human trafficking; establishing the process for vacating judgments for certain convictions of prostitution and misconduct involving a controlled substance; relating to the Council on Domestic Violence and Sexual Assault; relating to permanent fund dividends for certain individuals whose convictions are vacated; and providing for an effective date.

(3) who is certified as a guardian by a nationally recognized organization in the field of guardianships;

(4) whose criminal history record checks under AS 08.26.070 show that the individual has not been convicted of a crime under AS 11.41.340 - 11.41.355 or of a felony or [OF A] misdemeanor offense in the state or in anyother jurisdiction involving fraud, misrepresentation, material omission, misappropriation, theft, conversion, or any other crime the department determines would affect the individual's ability to provide the services of a guardian competently and safely for the protected person within 10 years before the application;

(5) who satisfies the application requirements of AS 08.26.060;

and (6) who satisfies the requirements for obtaining a private professional conservator license under AS 08.26.030.

* Sec.

6.

AS 08.26.030 is amended to read:

Sec.

08.26.030.

Requirements for private professional conservator license.

The department shall issue a private professional conservator license to an individual (1) who is at least 21 years of age;

(2) who has obtained a high school diploma, or a general education HB0068b -3- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U development diploma or its equivalent;

(3) who has six months' employment experience in a position involving financial management, or has at least an associate degree in accounting or a closely related field;

(4) who is certified as a guardian by a nationally recognized organization in the field of guardianships;

(5) whose criminal history record checks under AS 08.26.070 show that the individual has not been convicted of a crime under AS 11.41.340 - 11.41.355 or of a felony or [OF A] misdemeanor offense in the state or in anyother jurisdiction involving fraud, misrepresentation, material omission, misappropriation, theft, conversion, or any other crime that the department determines would affect the individual's ability to provide the services of a conservator competently and safely for the protected person within 10 years before the application;

and (6) who satisfies the application requirements of AS 08.26.060.

* Sec.

7.

AS 08.26.130 is amended by adding new subsections to read:

(b) The department shall revoke for life a license or refuse to issue or renew a license if the department determines that the individual has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

(c) A licensee shall notify the department if the licensee has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that may result in grounds for disciplinary action under (a)(6) of this section.

* Sec.

8.

AS 08.29.110(a) is amended to read:

(a) The board shall issue a professional counselor license to a person who applies for the license, submits the required fee, submits two letters of recommendation from professional counselors who are familiar with the applicant's practice of professional counseling, and presents evidence satisfactory to the board that the person (1) is at least 18 years of age;

(2) is not under investigation in this or another jurisdiction for an act CSHB 68(JUD) -4- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U that would constitute a violation of this chapter;

(3) has not had a license related to the practice of counseling, psychology, marital and family therapy, or social work in this or another jurisdiction suspended, revoked, or surrendered in lieu of discipline unless the license has been fully reinstated in that jurisdiction;

(4) has passed a written examination as required by the board;

the board may provide that passing a nationally recognized examination for professional counselors is sufficient to meet the examination requirement of this paragraph;

(5) has successfully completed either (A) an earned doctoral degree in counseling or a related professional field from a regionally or nationally accredited institution of higher education approved by the board;

or (B) an earned master's degree in counseling or a related professional field, from a regionally or nationally accredited institution of higher education approved by the board, and at least 60 graduate semester hours in counseling during or after earning the master's degree;

[AND] (6) has, after earning the degree required under either (5)(A) or (B) of this subsection, had at least 3,000 hours of supervised experience in the practice of professional counseling performed over a period of at least two years under the supervision of a supervisor approved under AS 08.29.210, with at least 1,000 hours of direct counseling with individuals, couples, families, or groups and at least 100 hours of face-to-face supervision by a supervisor approved under AS 08.29.210 unless, under regulations of the board, the board allows the supervision to be by telephonic or electronic means because of the remote location of the counselor;

and (7) has not been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

* Sec.

9.

AS 08.29.400 is amended by adding new subsections to read:

(d) The board shall revoke for life a license or refuse to issue or renew a license if the board determines that the person has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

HB0068b -5- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U (e) A person licensed under this chapter shall notify the board if the person has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony that may result in grounds for disciplinary sanctions under (a)(2) of this section.

* Sec.

10.

AS 08.61.030 is amended to read:

Sec.

08.61.030.

Qualifications for license.

The board shall issue a license to practice massage therapy to a person who (1) applies on a form provided by the department;

(2) pays the fees established under AS 08.61.090;

(3) furnishes evidence satisfactory to the board that the person has completed a (A) course of study of at least 625 hours of in-class supervised instruction and clinical work from an approved massage school;

or (B) board-approved apprenticeship program;

(4) is 18 years of age or older;

(5) has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check;

the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400;

(6) has a current cardiopulmonary resuscitation certification;

(7) has received at least two hours of safety education covering bloodborne pathogens and universal precautions in the two years preceding the application for the license;

in this paragraph, "bloodborne pathogens" has the meaning given in AS 18.15.450;

(8) has successfully completed a nationally recognized competency examination approved by the board;

and (9) has not been convicted of, or pled guilty or no contest to, a crime under AS 11.41.340 - 11.41.355, or a crime involving moral turpitude, or who has been convicted of, or pled guilty or no contest to, a crime involving moral turpitude if the board finds that the conviction does not affect the person's ability to practice CSHB 68(JUD) -6- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U competently and safely.

* Sec.

11.

AS 08.61.040 is amended to read:

Sec.

08.61.040.

Licensure by credentials.

The board shall issue a license to practice massage therapy to a person who (1) is 18 years of age or older;

(2) applies on a form provided by the department;

(3) pays the fees established under AS 08.61.090;

(4) has submitted the person's fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check;

the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400;

(5) is not the subject of an unresolved complaint or disciplinary action before a regulatory authority in this state or another jurisdiction;

(6) has not had a certificate or license to practice massage therapy revoked, suspended, or voluntarily surrendered in this state or another jurisdiction;

(7) has not been convicted of, or pled guilty or no contest to, a law or ordinance of this or another jurisdiction with elements similar to a crime listed under AS 11.41.340 - 11.41.355, or a crime involving moral turpitude, or has been convicted of, or pled guilty or no contest to, a crime involving moral turpitude if the board finds that the conviction does not affect the person's ability to practice competently and safely;

(8) has a current cardiopulmonary resuscitation certification;

and (9) is currently (A) licensed to practice massage therapy in another state or country that has licensing requirements that are substantially equal to or greater than the requirements of this state;

or (B) certified by a certification entity approved by the board.

* Sec.

12.

AS 08.61.060 is amended by adding new subsections to read:

(b) The board shall revoke for life a license or refuse to issue or renew a license if the board determines that the person has been convicted, including a HB0068b -7- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

(c) A person licensed under this chapter shall notify the board if the person has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that may result in grounds for disciplinary sanctions under (a)(4) of this section.

* Sec.

13.

AS 08.63.100(a) is amended to read:

(a) The board shall issue a license to practice marital and family therapy to a person who (1) applies on a form provided by the board;

(2) pays the fee established under AS 08.01.065;

(3) furnishes evidence satisfactory to the board that the person (A) has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.63.210;

(B) holds a master's degree or doctorate in marital and family therapy or allied mental health field from a regionally accredited educational institution approved by the board for which the person completed a course of study that included instruction substantially equivalent to the following:

(i) three courses or nine semester or 12 quarter hours of course work in marital and family therapy;

(ii) three courses or nine semester or 12 quarter hours of course work in marital and family studies;

(iii) three courses or nine semester or 12 quarter hours of course work in human development;

(iv) one course or three semester or four quarter hours of course work in professional studies or professional ethics and law;

(v) one course or three semester or four quarter hours of course work in research;

and (vi) one year of supervised clinical practice in marital and family therapy;

(C) after receiving a degree described in (B) of this paragraph, CSHB 68(JUD) -8- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U has practiced supervised marital and family therapy, including 1,700 hours of clinical contact with couples, individuals, and families;

the 1,700 hours of clinical contact must include at least 100 hours of individual supervision and 100 hours of group supervision approved by the board;

the 100 hours of individual supervision and 100 hours of group supervision may be conducted by one or more supervisors;

(D) has received training related to domestic violence;

[AND] (E) has passed a written or oral examination administered by the board;

and (F) has not been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

* Sec.

14.

AS 08.63.210 is amended by adding new subsections to read:

(e) The board shall revoke for life a license issued under this chapter or refuse to issue or renew a license under this chapter if the board determines that the individual has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

(f) A person licensed under this chapter shall notify the board if the person has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that may result in grounds for disciplinary sanctions under (a)(4) of this section.

* Sec.

15.

AS 08.64.240(a) is amended to read:

(a) The board may not grant a license if (1) the applicant fails or cheats during the examination;

(2) the applicant has surrendered a license in another jurisdiction while under investigation and the license has not been reinstated in that jurisdiction;

(3) the board determines that the applicant is professionally unfit to practice medicine or osteopathy in the state;

[OR] (4) the applicant fails to comply with a requirement of this chapter;

or (5) the applicant has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - HB0068b -9- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U 11.41.355.

* Sec.

16.

AS 08.64.326 is amended by adding new subsections to read:

(c) The board shall revoke for life a license issued under this chapter or refuse to issue or renew a license under this chapter if the board determines that the person has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

(d) A licensee shall notify the board if the licensee has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that may result in grounds for disciplinary sanctions under (a)(4) or (5) of this section.

* Sec.

17.

AS 08.65.050 is amended to read:

Sec.

08.65.050.

Qualifications for license.

The board shall issue a certificate to practice direct-entry midwifery to a person who (1) applies on a form provided by the board;

(2) pays the fees required under AS 08.65.100;

(3) furnishes evidence satisfactory to the board that the person has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.65.110 and has not been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355;

(4) furnishes evidence satisfactory to the board that the person has completed a course of study and supervised clinical experience;

the study and experience must be of at least one year's duration;

(5) successfully completes the examination required by the board.

* Sec.

18.

AS 08.65.110 is amended by adding new subsections to read:

(b) The board shall revoke for life a certificate or permit or refuse to issue or renew a certificate or permit if the board determines that the individual has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

(c) A person holding a certificate or permit under this chapter shall notify the board if the person has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that may result in grounds for CSHB 68(JUD) -10- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U disciplinary sanctions under (a)(4) of this section.

* Sec.

19.

AS 08.68.170(c) is amended to read:

(c) An applicant for a license to practice advanced practice registered nursing shall submit to the board, on forms and in the manner prescribed by the board, written evidence, verified by oath, that the applicant (1) is licensed as a registered nurse in the state;

[AND] (2) has successfully completed an advanced practice registered nurse education program that meets the criteria established by the board under AS 08.68.100;

and (3) has not been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

* Sec.

20.

AS 08.68.270 is amended by adding new subsections to read:

(b) The board shall revoke for life a license or refuse to issue or renew a license if the board determines that the person has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

(c) A person licensed under this chapter shall notify the board if the person has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that may result in grounds for disciplinary sanctions under (a)(2) or (12) of this section.

* Sec.

21.

AS 08.80.110 is amended to read:

Sec.

08.80.110.

Qualifications for licensure by examination.

An applicant for licensure as a pharmacist shall (1) be fluent in the reading, writing, and speaking of the English language;

(2) furnish the board with at least two affidavits from reputable citizens that the applicant has known for at least one year attesting to the applicant's good moral character;

(3) be a graduate of a college in a degree program approved by the board;

(4) pass an examination or examinations given by the board or HB0068b -11- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U acceptable to the board under the score transfer process administered by the National Association of Boards of Pharmacy;

(5) have completed internship training or another program that has been approved by the board or demonstrated to the board's satisfaction that the applicant has experience in the practice of pharmacy that meets or exceeds the minimum internship requirements of the board;

(6) affirm that the applicant has not been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

* Sec.

22.

AS 08.80.145 is amended to read:

Sec.

08.80.145.

Reciprocity;

license transfer.

If another jurisdiction allows licensure in that jurisdiction of a pharmacist licensed in this state under conditions similar to those in this section, the board may license as a pharmacist in this state a person licensed as a pharmacist in the other jurisdiction if the person (1) submits a written application to the board on a form required by the board;

(2) is at least 18 years of age;

(3) is of good moral character;

(4) possesses at the time of the request for licensure as a pharmacist in this state the qualifications necessary to be eligible for licensure in this state;

(5) has engaged in the practice of pharmacy for at least one year or has met the internship requirements of this state within the one-year period immediately before applying for a license under this section;

(6) presents proof satisfactory to the board that the person is currently licensed as a pharmacist in the other jurisdiction and does not currently have a pharmacist license suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education credits;

(7) has passed an examination approved by the board that tests the person's knowledge of Alaska laws relating to pharmacies and pharmacists and the regulations adopted under those laws;

[AND] (8) pays all required fees;

and CSHB 68(JUD) -12- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U (9) has not been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a law or ordinance of this or another jurisdiction with elements similar to a crime listed under AS 11.41.340 - 11.41.355.

* Sec.

23.

AS 08.80.261 is amended by adding new subsections to read:

(c) The board shall revoke for life a license or refuse to issue or renew a license if the board determines that the applicant or licensee has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

(d) A licensee or an applicant shall notify the board if the licensee or applicant has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that may result in grounds for disciplinary sanctions under (a)(4) or (10) of this section.

* Sec.

24.

AS 08.86.130(a) is amended to read:

(a) The board shall issue a psychologist license to a person who (1) holds an earned doctorate degree, from an academic institution whose program of graduate study for a doctorate degree in psychology meets the criteria established by the board by regulation, in (A) clinical psychology;

(B) counseling psychology;

or (C) education in a field of specialization considered equivalent by the board;

(2) has not engaged in dishonorable conduct related to the practice of counseling or psychometry;

(3) has one year of post doctoral supervised experience approved by the board;

[AND] (4) takes and passes the objective examination developed or approved by the board;

and (5) has not been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

* Sec.

25.

AS 08.86.160(a) is amended to read:

HB0068b -13- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U (a) The board shall issue a psychological associate license to a person who (1) holds an earned master's degree from an academic institution whose program of graduate study for a master's degree in psychology meets the criteria established by the board by regulation in (A) clinical psychology;

(B) counseling psychology;

or (C) education in a field of specialization considered equivalent by the board;

(2) has not engaged in dishonorable conduct related to the practice of counseling or psychometry;

(3) has two years of post master's supervised experience approved by the board;

[AND] (4) takes and passes the objective examination developed or approved by the board for psychological associates;

and (5) has not been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

* Sec.

26.

AS 08.86.204 is amended by adding new subsections to read:

(e) The board shall revoke for life a license or refuse to issue or renew a license if the board determines that the person has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

(f) A person licensed under this chapter shall notify the board if the licensee has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that may result in grounds for disciplinary sanctions under (a)(4) of this section.

* Sec.

27.

AS 08.95.050 is amended by adding new subsections to read:

(d) The board shall revoke for life a license or refuse to issue or renew a license if the board determines that the person has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

(e) A licensee shall notify the board if the licensee has been convicted, CSHB 68(JUD) -14- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U including a conviction based on a guilty plea or plea of nolo contendere, of a felony or other crime that may result in grounds for disciplinary sanctions under (a)(7) of this section.

* Sec.

28.

AS 08.95.110(a) is amended to read:

(a) The board shall issue a license to practice clinical social work to a person who (1) has received a master's degree or a doctoral degree in social work from a college or university approved by the board;

(2) has completed, within the 10 years before application for licensure and under the supervision of a licensed clinical social worker, licensed psychologist, or licensed psychiatrist either (A) a minimum of two years of continuous full-time employment in postgraduate clinical social work;

or (B) a minimum of 3,000 hours of less than full-time employment in a period of not less than two years in postgraduate clinical social work;

(3) is of good moral character;

(4) is in good professional standing and is fit to practice social work as determined by the board;

(5) has provided three professional references that are acceptable to the board, including, if the applicant (A) was previously employed to practice social work, one reference from a person who was the applicant's employer while practicing social work unless the applicant demonstrates to the satisfaction of the board that the applicant is unable to satisfy the requirement of this subparagraph through no fault of the applicant;

and (B) is currently employed to practice social work, a reference from the applicant's current employer;

(6) has satisfactorily completed the examination given by the board for clinical social worker licensing;

[AND] (7) has paid required fees;

and HB0068b -15- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U (8) has not been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of a crime under AS 11.41.340 - 11.41.355.

* Sec.

29.

AS 08.95.120(a) is amended to read:

(a) The board shall issue a license to practice clinical social work if the applicant (1) holds a current license to practice clinical social work in another jurisdiction that, at the time of original issuance of the license, had requirements for licensure equal to or more stringent than those of this state;

(2) is not the subject of an unresolved complaint or disciplinary action before a regulatory authority or a professional social work association;

(3) has provided three professional references that are acceptable to the board, including, if the applicant (A) was previously employed to practice social work, one reference from a person who was the applicant's employer while practicing social work unless the applicant demonstrates to the satisfaction of the board that the applicant is unable to satisfy the requirement of this subparagraph through no fault of the applicant;

and (B) is currently employed to practice social work, a reference from the applicant's current employer;

(4) has not had a license to practice clinical social work revoked, suspended, or surrendered in lieu of disciplinary action in this state or another jurisdiction;

(5) has submitted proof of continued competency satisfactory to the board;

[AND] (6) has paid required fees;

and (7) has not been convicted of a law or ordinance of this or another jurisdiction with elements substantially similar to a crime listed under AS 11.41.340 - 11.41.355.

* Sec.

30.

Confidential communications between a victim of CSHB 68(JUD) -16- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U domestic violence, sex trafficking, or sexual assault and a victim counselor are privileged under AS 18.66.200 - 18.66.250.

31.3.

32.4.

HB 68 -2- HB0068a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A Sec.

(a) A person commits the crime of sex trafficking in the first degree if the person (1) as other than a patron of a victim of sex trafficking, iucesuces or causes another person to engage in a commercial sexual act through the use of force or threat of force against any person;

or (2) violates AS 11.41.345 and the person induced or caused to engage in the commercial sexual act is (A) under 2120 years of age;

or (B) in that person's legal custody.custody;

(b)or Sex(3) traffickingmanages, supervises, controls, or owns, either alone or in theassociation firstwith degreeothers, isa anprostitution unclassifiedenterprise felony.or a place of prostitution.

(b) In this section, (1) "commercial sexual conduct" means genital or anal intercourse, cunnilingus, fellatio, or masturbation of one person by another person 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;

(2) "place of prostitution" means any place where a person engages in commercial sexual conduct in return for a fee and the person is not the manager, supervisor, owner, or other person who controls the place;

(3) "prostitution enterprise" means an arrangement in which two or more persons are organized to render sexual conduct in return for a fee.

(c) Sex trafficking in the first degree is an unclassified felony.

(a) A person commits the crime of sex trafficking in the second degree if, as other than a patron of a victim HB0068b -17- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U of sex trafficking and with the intent to promote sex trafficking, the person induces or causes another person to engage in a commercial sexual act.

(a) A person commits the crime of sex trafficking in the third degree if, as other than a patron of a victim of sex trafficking, the person provides services, resources, or other assistance in furtherance HB0068a -3- HB 68 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A of a violation of AS 11.41.340 or 11.41.345.

(a) A person commits the crime of being a patron of a victim of sex trafficking ifif, under circumstances not proscribed under AS 11.41.434 - 11.41.460, the person solicits a commercial sexual act (1) with reckless disregard that the person engaging in the sexual act is a victim of sex trafficking;

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 or a secret, whether true or false, that would subject a person to hatred, contempt, or CSHB 68(JUD) -18- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U ridicule;

(3) threatening to report a person to a government agency for the HB 68 -4- HB0068a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A purpose of arrest or deportation;

or (7) engaging in deception as defined in AS 11.81.900(b).11.81.900.

33.5.

or (2) violates AS 11.41.365 and the victim is under 2120 years of age [, OR BY DECEPTION].

34.6.

35.7.

(a) A person commits the crime of human trafficking in the second degree if, under circumstances not proscribed under AS 11.41.340 - 11.41.357,11.41.357 and with the intent to promote human trafficking, the person 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 HB0068b -19- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U ridicule;

(3) threatening to report a person to a government agency for the HB0068a -5- HB 68 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A purpose of arrest or deportation;

or (7) engaging in deception as defined in AS 11.81.900(b)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].

36.8.

ASA 11.41.360 - 11.41.366 do not apply to acts that may reasonably be construed to be a normal caretaker request of a child or a normal interaction with a child.child is not a violation of AS 11.41.360 - 11.41.366.

11.41.368.

Corroboration of certain testimony not required.

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 compelled or promoted be corroborated by the testimony of any other witness or by documentary or other types of evidence.

Sec.

(a) Property used to institute, aid, or facilitate, or received or derived from, a violation of AS 11.41.340 - 11.41.366, including real CSHBHB 68(JUD)68 -20--6- HB0068bHB0068a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U33-GH1029\A property, may be forfeited at sentencing.

(b) The legislature may appropriate funds received from the sale of property forfeited under (a) of this section for an offense under AS 11.41.340 - 11.41.357 to programs that provide resources to victims of sex trafficking.

37.9.

38.10.

AS 11.6611.66.100(c) is amended by adding new sections to read:

Sec.(c) A person may not be prosecuted under (a)(1) of this section if the (1) person witnessed or was a victim of, and reported to law enforcement in good faith, one or more of the following crimes:

11.66.101.

Prostitution in the first degree.

(a) A person commits the crime of prostitution in the first degree if the person manages, supervises, controls, or owns, either alone or in association with others, a prostitution enterprise or a place of prostitution.

(b) Prostitution in the first degree is a class B felony.

Sec.

11.66.102.

Prostitution in the second degree.

(a) A person commits the HB0068b -21- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U crime of prostitution in the second degree if the person violates AS 11.66.104 and, within the preceding five years, the person has been previously convicted on two or more separate occasions in this or another jurisdiction of an offense under AS 11.66.104 or an offense under another law or ordinance in this or another jurisdiction with similar elements.

(b) Prostitution in the second degree is a class C felony.

Sec.

11.66.104.

Prostitution in the third degree.

(a) A person commits the crime of prostitution in the third degree if the person offers a fee in exchange for sexual conduct.

(b) Prostitution in the third degree is a class A misdemeanor.

Sec.

11.66.106.

Prostitution in the fourth degree.

(a) A person commits the crime of prostitution in the fourth degree if the person engages in or agrees or offers to engage in sexual conduct in exchange for a fee.

(b) A person may not be prosecuted under this section if the (1) person witnessed or was a victim of, and reported to law enforcement in good faith, one or more of the following crimes:

HB0068a -7- HB 68 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A (G) assault in the third degree under AS 11.41.220;

(I) sexsexual traffickingassault in the first degree under AS 11.41.340;11.41.410;

(J) sexsexual traffickingassault in the second degree under AS 11.41.345;11.41.420;

(K) sexsexual traffickingassault in the third degree under AS 11.41.350;11.41.425;

(L) patronsexual ofassault ain victimthe offourth sexdegree trafficking under AS 11.41.355;11.41.427;

(M) sexual assaultabuse of a minor in the first degree under AS 11.41.410;11.41.434;

(N) sexual assaultabuse of a minor in the second degree under AS 11.41.420;11.41.436;

(O) sexual assaultabuse of a minor in the third degree under AS 11.41.425;11.41.438;

CSHB(P) 68(JUD)sexual -22-abuse HB0068bof Newa Textminor Underlined [DELETED TEXT BRACKETED] 33-GH1029\U (P) sexual assault in the fourth degree under AS 11.41.427;11.41.440;

(Q) sexualrobbery abuse of a minor in the first degree under AS 11.41.434;11.41.500;

(R) sexualrobbery abuse of a minor in the second degree under AS 11.41.436;11.41.510;

(S) sexualextortion abuse of a minor in the third degree under AS 11.41.438;11.41.520;

(T) sexualcoercion abuse of a minor in the fourth degree under AS 11.41.440;11.41.530;

(U) robberydistribution inof thechild firstpornography degree under AS 11.41.500;11.61.125;

(V) robberypossession inof thechild secondpornography degree under AS 11.41.510;11.61.127;

(W) extortionsex trafficking in the first degree under AS 11.41.520;11.41.340 [AS 11.66.110];

(X) coercionsex trafficking in the second degree under AS 11.41.530;11.41.345 [AS 11.66.120];

(Y) distributionsex oftrafficking childin pornographythe third degree under AS 11.61.125;11.41.350 [AS 11.66.130];

or[OR] (Z) possessionsex oftrafficking childin pornographythe fourth degree under AS 11.61.127;11.66.135;

(2)or evidence(AA) supportingpatron the prosecution under (a) of this section was obtained or discovered as a resultvictim of thesex persontrafficking reportingunder theAS crime11.41.355; to law enforcement;

(2) evidence supporting the prosecution under (a)(1) of this section was obtained or discovered as a result of the person reporting the crime to law HB 68 -8- HB0068a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A enforcement;

(c) Prostitution in the fourth degree is a class B misdemeanor.

39.11.

AS 11.66.14511.66.100(d) is amended to read:

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

11.66.145.(2) class A misdemeanor if the defendant violates (a)(2) of this section;

Forfeiture.(3) class C felony if the defendant violates (a)(2) of this section and, within the preceding five years, the defendant 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.

Property used to institute, aid, or facilitate, or received or derived from, a violation of AS 11.66.101 - 11.66.106 [AS 11.66.100(e) OR 11.66.110 - 11.66.135] may be forfeited at sentencing.

40.12.

AS 11.66.150(2)11.66.100 is amended by adding a new subsection to read:

(2)(f) "placeUpon conviction under (d)(3) of prostitution"this meanssection, any placeproperty whereused ato person,institute, otheraid, thanor afacilitate, proprietoror ofreceived theor place,derived engagesfrom, ina sexualviolation conductof in(d)(3) returnof forthis asection fee;may be forfeited.

41.13.

AS 11.66.150 is amended by adding a new paragraph to read:

(5) "fee" does not include payment for reasonably apportioned shared expenses of a residence.

* Sec.

42.

HB0068b -23- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U (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, human trafficking in the first degree, sexual assault in the first degree, sexual abuse of a minorminorthe in the first degree, misconduct involving a controlled substance in the first degree, sex trafficking in the first degree [UNDER AS 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, human trafficking in the first degree, sexual assault in HB0068a -9- HB 68 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, sex trafficking in the first degree [UNDER AS 11.66.110(a)(2)], and kidnapping, the offenses in this title are classified into the following categories:

(5) class B misdemeanors, which characteristically involve a minor risk of physical injury to a person, minor offenses against property interests, minor CSHB 68(JUD) -24- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U offenses against public administration or order, or minor offenses against public health and decency;

43.14.

A felony HB 68 -10- HB0068a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A under the law of this state defined outside this title for which no penalty is specifically provided is a class C felony.

44.15.

(69) "adult entertainment" means anwhere activity in which one or more individuals are employed, contracted, or permitted to, wholly or in part, entertain others by (A) removing clothes or other items that clothe or hide the person's body;

(71)in "services,this resources,paragraph, or"anything otherof assistance"value" includesdoes financialnot HB0068binclude -25-compensation CSHBfor 68(JUD)reasonably Newapportioned Textshared Underlinedexpenses [DELETED TEXT BRACKETED] 33-GH1029\U support, business services, lodging, transportation, providing false identification documents or other documentation, equipment, facilities, or any other service or property, regardless of whether a personresidence; is compensated;

(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 a person is compensated;

(73) "victim"sexual ofconduct" sex trafficking" means agenital personor whoanal hasintercourse, beencunnilingus, inducedfellatio, or causedmasturbation toof engageone inperson aby commercialanother sexualperson; act under AS 11.41.340 - 11.41.350.

(74) "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.

45.16.

HB0068a -11- HB 68 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A (2) attempt, solicitation, or conspiracy to commit murder or hindering the prosecution of murder;

(8) sex trafficking violationin ofthe ASfirst 11.41.340 or 11.41.345second [ASdegree [VIOLATION OF 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 violationthe offirst or second degree [VIOLATION OF AS 11.41.360 orOR 11.41.365.11.41.365].

or CSHB 68(JUD) -26- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U (2) five years after the commission of any other offense.

46.17.

(1) murder in the first or second degree under AS 11.41.100 - HB 68 -12- HB0068a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A 11.41.110;

or (5) human trafficking [INin THEthe FIRSTfirst DEGREE]or second degree under AS 11.41.360 or 11.41.365.

47.18.

48.19.

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

(m) In addition to the penalties authorized by this section, if a defendant holds a business license and is convicted of an offense under AS 11.41.340 - 11.41.366, and the defendant used the business in furtherance of the offense, the court shall revoke the defendant's business license.

* Sec.

49.

(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 HB0068b -27- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U murder in the first degree, murder of an unborn child, human trafficking in the first degree, 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;

50.20.

(f) The court may not suspend the imposition or entry of judgment and may not defer prosecution under this section of a person who HB0068a -13- HB 68 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, AS 11.46.400, or AS 11.61.125 - 11.61.128,11.61.128 AS[, 11.66.101,OR or 11.66.102 [OR AS 11.66.110 - 11.66.135];

for the purposes of this paragraph, a person shall be considered to have a prior conviction even if CSHB 68(JUD) -28- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U (A) the charges were dismissed under this section;

51.21.

(f) The court may not suspend the imposition of sentence of a person who (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, AS 11.46.400, or AS 11.61.125 - 11.61.128,11.61.128 AS[, 11.66.101,OR or 11.66.102 [OR AS 11.66.110 - 11.66.135];

or (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony and the person has one or more prior convictions for a misdemeanor violation of HB 68 -14- HB0068a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state;

52.22.

A defendant convicted of murder in the second degree shall be sentenced to a definite term of imprisonment of at least 20 HB0068b -29- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U years but not more than 99 years when the defendant is convicted of the murder of a child under 16 years of age and the court finds by clear and convincing evidence that the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal guardian, or a person occupying a position of authority in relation to the child;

53.23.

(A) if the offense is a first felony conviction, the offense does HB0068a -15- HB 68 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A not involve circumstances described in (B) of this paragraph, and the victim was (i) less than 13 years of age, 25 to 35 years;

(F) if the offense is a third felony conviction, the defendant is CSHB 68(JUD) -30- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U not subject to sentencing under (l) of this section, and the defendant has two prior convictions for sexual felonies, 99 years;

HB 68 -16- HB0068a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A (ii) 13 years of age or older, 15 to 30 years;

(3) sex trafficking in the third degree under AS 11.41.350(b)(1), HB0068b -31- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U patron of a victim of sex trafficking under AS 11.41.355(c)(1), 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), indecent viewing or production of a picture under AS 11.61.123(g)(1), 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), sex trafficking in the second degree, unlawful exploitation of a minor under AS 11.41.455(c)(1), or enticement of a minor under AS 11.41.452(e) 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:

(D) if the offense is a third felony conviction and does not HB0068a -17- HB 68 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A involve circumstances described in (E) of this paragraph, 20 to 35 years;

(4) sex trafficking in the third degree under AS 11.41.350(b)(2), patron of a victim of sex trafficking under AS 11.41.355(c)(2), 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)(2)11.61.123(g)(1) or (2) [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 sex trafficking in the third degree under AS 11.41.350(b)(1), patron of a victim of sex trafficking under AS 11.41.355(c)(1), sexual assault in the second degree, sexual abuse of a minor in the second degree, indecent viewing or production of a picture under AS 11.61.123(g)(1),11.61.123(g)(1) or (2), [UNLAWFUL EXPLOITATION OF A MINOR,] or distribution CSHB 68(JUD) -32- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U 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:

HB 68 -18- HB0068a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A (E) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 12 to 20 years;

54.24.

(q) A defendant convicted under AS 11.66.10411.66.100(a)(2) shall be sentenced to a minimum term of imprisonment of 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 11.66.10411.66.100(a)(2) or an offense under another law or ordinance with similar elements.

55.25.

(10) "most serious felony" means HB0068b -33- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U (A) arson in the first degree, [SEX TRAFFICKING IN THE FIRST DEGREE UNDER AS 11.66.110(a)(2),] enticement of a minor under AS 11.41.452(e), or any unclassified or class A felony prescribed under AS 11.41;

56.26.

(16) "sexual felony" means sexual assault in the first degree, sexual 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 third degree, patron of a victim of sex trafficking, sexual abuse of a minor in the third degree under AS 11.41.438(c), 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)], 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, HB0068a -19- HB 68 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A conspiracy, or solicitation to commit those crimes;

57.27.

AS 12.61.125(a) is amended to read:

(a) The defendant accused of a sex [SEXUAL] offense, the defendant's counsel, or an investigator or other person acting on behalf of the defendant, may not (1) notwithstanding AS 12.61.120, contact the victim of the offense or a witness to the offense if the victim or witness, or the parent or guardian of the victim or witness if the victim or witness is a minor, has informed the defendant or the defendant's counsel in writing or in person that the victim or witness does not wish to be contacted by the defense;

a victim or witness who has not informed the defendant or the defendant's counsel in writing or in person that the victim does not wish to be contacted by the defense is entitled to rights as provided in AS 12.61.120;

(2) obtain a statement from the victim of the offense or a witness to the offense, unless, (A) if the statement is taken as a recording, the recording is CSHB 68(JUD) -34- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U taken in compliance with AS 12.61.120, and written authorization is first obtained from the victim or witness, or from the parent or guardian of the victim or witness if the victim or witness is a minor;

the written authorization must state that the victim or witness is aware that there is no legal requirement that the victim or witness talk to the defense;

or (B) if the statement is not taken as a recording, written authorization is first obtained from the victim or witness, or from the parent or guardian of the victim or witness if the victim or witness is a minor;

the written authorization must state that the victim or witness is aware that there is no legal requirement that the victim or witness talk to the defense;

a victim or witness making a statement under this subparagraph remains entitled to rights as provided in AS 12.61.120.

* Sec.

58.

AS 12.61.125(d) is amended by adding a new paragraph to read:

(3) "sex offense" has the meaning given in AS 12.63.100 and includes a crime, or an attempt, solicitation, or conspiracy to commit a crime under AS 11.41.440(a)(1).

* Sec.

59.

AS 12.61.140 is amended to read:

Sec.

12.61.140.

Disclosure of victim's name.

(a) The portion of the records of a court or law enforcement agency that contains the name of the victim of an offense under AS 11.41.300(a)(1)(C) or a victim of a sex offense [11.41.410 - 11.41.460] (1) shall be withheld from public inspection, except with the consent of the court in which the case is or would be prosecuted;

and (2) is not a public record under AS 40.25.110 - 40.25.125.

(b) In all written court records open to public inspection, the name of the victim of an offense under AS 11.41.300(a)(1)(C) or a victim of a sex offense [11.41.410 - 11.41.460] may not appear.

Instead, the victim's initials shall be used.

However, a sealed record containing the victim's name shall be kept by the court in order to ensure that a defendant is not charged twice for the same offense.

* Sec.

60.

AS 12.61.140 is amended by adding a new subsection to read:

(c) In this section, "sex offense" has the meaning given in AS 12.63.100 and includes a crime, or an attempt, solicitation, or conspiracy to commit a crime, under HB0068b -35- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U AS 11.41.440(a)(1).

* Sec.

61.

(F) AS 11.66.10111.66.100 [AS 11.66.100 - 11.66.130];

62.28.

CSHBHB 68(JUD)68 -36--20- HB0068bHB0068a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U33-GH1029\A (i) AS 11.41.410 - 11.41.438;

(x) [(xi)](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 chaomand cm over the victim;

[OR]or HB0068bHB0068a -37--21- CSHBHB 68(JUD)68 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U33-GH1029\A (xiv) [(xv)] AS 11.61.123 if the offender is subject to punishment under AS 11.61.123(g)(1) or (2);

or (xv) AS 11.41.340,11.41.340 11.41.345,- or11.41.345 and 11.41.355 [AS 11.61.123(f)(1) OR (2)];

or (ii) pandering and prostitution if the person who is induced, enticed, caused, or procured to engage in a sexual act is under 2120 [20] years of age at the time of the offense;

63.29.

Vacation of judgment of conviction for prostitution.prostitution or misconduct involving a controlled substance.

A person maywho, petition the court to vacate the judgment if, at the time of the offense, the person was or would have been a victim of sex trafficking as defined in AS 11.81.900(b)11.81.900, and who was convicted or adjudicated delinquent for prostitution under former AS 11.66.10011.66.100(a)(1), ormisconduct involving a controlled substance under AS 11.66.10611.71.050 or 11.71.060, or a similar municipal ordinance.ordinance may petition the court to vacate the judgment.

(a) A personpetition seeking a vacation of judgment under this chapter shallmust filebe afiled petition with the clerk at the court location where the underlying criminal case was filed and serve a copy must be served on the prosecuting authority responsible for obtaining the conviction.

(a) A personHB may68 file-22- aHB0068a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A petition under this chapter onlymay afternot be filed until a judgment has been entered on the person's case or, if the conviction was appealed, afteruntil the court's decision on the CSHB 68(JUD) -38- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U case is final under the Alaska Rules of Appellate Procedure.

(a) The person petitioning the court for a vacation of judgment of conviction or adjudication of delinquency for prostitution under former AS 11.66.10011.66.100(a)(1), ormisconduct involving a controlled substance under AS 11.66.10611.71.050 or 11.71.060, or a similar municipal ordinance must prove all factual assertions by a preponderance of the evidence.

(b) There is a rebuttable presumption that a person who was under 2118 years of age at the time of anthe offense under AS 11.66.10611.66.100(a)(1) was or would have been a victim of sex trafficking.

(a) If the court grants the petition for a vacation of judgment, (1) the judgment of conviction or adjudication of delinquency for prostitution under former AS 11.66.10011.66.100(a)(1), ormisconduct involving a controlled substance under AS 11.66.10611.71.050 or 11.71.060, or a similar 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 former AS 11.66.10011.66.100(a)(1), ormisconduct involving a controlled substance under AS 11.66.10611.71.050 or 11.71.060, or a similar municipal ordinance if the person was not convicted of a felony charge in that case;

and (3) the Department of Public Safety may not release information related to the conviction for prostitution under former AS 11.66.10011.66.100(a)(1), ormisconduct involving a controlled substance under AS 11.66.10611.71.050 or 11.71.060, or a similar municipal ordinance in response to a request under AS 12.62.160(b)(6), (8), or (9).

HB0068a -23- HB 68 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\A * Sec.

30.

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.

64.31.

AS 14.03.016(d)(2)18.66.050 is amended to read:

(2) "human reproduction or sexual matters" does not include curricula or materials for (A) sex trafficking, human trafficking, sexual abuse, and HB0068b -39- CSHB 68(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U sexual assault awareness and prevention training required under AS 14.30.355;

or (B) dating violence and abuse awareness and prevention training required under AS 14.30.356;

* Sec.

65.

AS 14.20.020(k) is amended to read:

(k) Except as provided in AS 14.20.015, a person is not eligible for a teacher certificate unless the person has completed training regarding alcohol and drug related disabilities required under AS 14.20.680, training regarding sex trafficking, human trafficking, sexual abuse, and sexual assault awareness and prevention required under AS 14.30.355, training regarding dating violence and abuse awareness and prevention required under AS 14.30.356, and training related to suicide prevention required under AS 14.30.362.

* Sec.

66.

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 11.41.340 - 11.41.357, 11.41.410 - 11.41.460 [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.

67.

AS 14.30.355(a) is amended to read:

(a) The governing body of each school district shall adopt and implement a policy, establish a training program for employees and students, and provide [PARENT] notices relating to sex trafficking, human trafficking, sexual abuse, and sexual assault awareness and prevention for students enrolled in grades kindergarten through 12.

* Sec.

68.

AS 14.30.355(b) is amended to read:

(b) The policy and [,] training [, AND NOTICES] adopted under this section must include (1) an age-appropriateand trauma-informed approach [INFORMATION];

(2) warning signs of sexual abuse of a child, grooming, attempted sex CSHB 68(JUD) -40- HB0068b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1029\U trafficking, and attempted human trafficking;

(3) referral and resource information;

(4) available student counseling and educational support;

(5) information related to safe online practices and warning signs of grooming and attempted sex trafficking and human trafficking through electronic means [METHODS FOR INCREASING TEACHER, STUDENT, AND PARENT AWARENESS OF ISSUES REGARDING SEXUAL ABUSE OF CHILDREN];

(6) actions that a child may take to prevent and report sex trafficking, human trafficking, sexual abuse or sexual assault;

[AND] (7) a scalable, repeatable program;

and (8) use of evidence-based best practices [A PROCEDURE ALLOWING A STUDENT TO BE EXCUSED FROM PARTICIPATING IN TRAINING OR FROM RECEIVING NOTICES UNDER THIS SECTION AT THE WRITTEN REQUEST OF A PARENT OR GUARDIAN OF THE STUDENT, OR OF THE STUDENT IF THE STUDENT IS EMANCIPATED OR 18 YEARS OF AGE OR OLDER].

* Sec.

69.

AS 14.30.355(d) is amended by adding new paragraphs to read:

(3) "human trafficking" means a violation of AS 11.41.360 - 11.41.366;