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HB 78: "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date."

00HOUSE BILL NO. 78 01 "An Act relating to the testimony of children in certain criminal proceedings; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.45.046(a) is amended to read: 05  (a) In a criminal proceeding under AS 11.41 involving the prosecution of an 06 offense committed against a child under the age of 16 [13], or witnessed by a child 07 under the age of 16 [13], the court 08  (1) may appoint a guardian ad litem for the child; 09  (2) on its own motion or on the motion of the party presenting the 10 witness or the guardian ad litem of the child, may order that the testimony of the child 11 be taken by closed circuit television or through one-way mirrors if the court determines 12 that the testimony by the child victim or witness under normal court procedures would 13 result in the child's inability to effectively communicate. 14 * Sec. 2. The amendment of AS 12.45.046(a) by sec. 1 of this Act is retroactive and

01 applies to criminal proceedings involving the prosecution of an offense committed before the 02 effective date of this Act. 03 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).