Legislation
In December 2009, I pledged that my administration would take every step necessary to stop the epidemic of domestic violence and sexual assault in Alaska. This comprehensive legislation won’t solve the problem on its own, but these are important steps we must pursue, even as we urge all Alaskans to take a stand and choose respect.
Current Bills
•HB127 (PASSED) - Strengthen laws related to sexual exploitation of children, domestic violence, and stalking. The bill would strengthen Alaska laws related to sexual exploitation of children and domestic violence. The bill prohibits the creation of indecent images of children, online enticement of a child, and using a computer to solicit or entice a minor to engage in sexual behavior.
The bill would expand the crime of stalking to include those acts of following or monitoring the victim with a global positioning device, and using or installing a device to record or photograph events in the victim's home, workplace, vehicle, or on the victim's telephone or computer. These changes are in response to technologies that stalkers have available to terrorize victims.
Also, the bill would prohibit graphic texting, commonly known as "sexting." Perpetrators would be punished for distributing a sexually explicit image of a child under 16 years old.
The bill clarifies that conduct by predators outside the state that harm victims in Alaska may be prosecuted in this state. The bill also clarifies that a child under 16 years old may not be left with an individual who must register as a child kidnapper.
Finally, the bill would clarify that a court may order active supervision for probationers who are on felony probation. Active supervision in particular cases enhances public safety by requiring close supervision of certain offenders. Active supervision could also be provided to certain misdemeanants in the discretion of the commissioner of corrections.
Read the Bill and Transmittal Letters (PDF)
Past Bills
• Changes in crimes and sentences involving sexual assault and domestic violence (SB 222 - PASSED). The bill would prohibit suspended imposition of sentences for people convicted of human trafficking, possession or distribution of child pornography, and distribution of indecent materials to minors. It would be against the law not just to possess child pornography but also to access it on a computer with the intention of viewing it. Courts could prohibit sex offenders, in cases involving children, from using a computer or communicating with children under 16 years old.
Sentences for sex offenses could be increased through new “aggravating factors,” including the defendant’s knowledge that the victim had consumed drugs or alcohol, or a previous dating relationship with the victim. Anyone required to register as a sex offender in another state would have to register in Alaska.
Find More Information on SB 222
• A revision of bail laws (HB 324 - PASSED). This bill would make a presumption – that could be overcome with a preponderance of evidence – that defendants accused of serious crimes such as felony sexual assault are a danger to the community and to the victims, and that bail should be set appropriately. This also would apply to a defendant charged with domestic violence who has been convicted of domestic violence within the five preceding years. Once convicted of sex-related felonies, perpetrators could not be released pending sentencing or an appeal. The bill also allows more time before a defendant’s first appearance in court for the police to investigate and for the prosecutor to make a better-informed charging decision, present stronger bail arguments, and contact the victim so that the victim may be present at the bail hearing.
Find More Information on HB 324
• Specific procedures for DNA retention (SB110 - PASSED). This bill establishes a requirement that biological evidence in murder and sexual assault cases be properly retained while cases are unsolved and during the period after conviction that an offender is imprisoned.
Find More Information on SB 110
• The Alaska Scientific Crime Detection Laboratory in Anchorage (APPROPRIATION). As part of the capital budget, the state would issue $75 million in certificates of participation for the lab in order to expedite the processing of a large backlog of evidence in criminal cases. Using certificates of participation spreads the cost out over time so that both this generation of Alaskans and the next will help pay for this important facility and reap its benefits.
The Department of Law is implementing prosecutorial guidelines that, among other things, prohibit any plea agreements that would allow perpetrators to escape being placed on the State’s sex offender registry.
Attorney General Sullivan also has hired a cyber-crime prosecutor to assist in the prosecution of computer-aided crimes, especially distribution of child pornography. Marika Athens, who has been an assistant district attorney in Anchorage, began her new position in the Department of Law on Tuesday. She is the first department official dedicated to prosecuting cyber crimes.