HB 326: "An Act relating to disclosures in contacts between crime victims and witnesses and the defense; relating to recordings of statements of crime victims and witnesses by the defense; and amending Alaska Rule of Evidence 613."
00HOUSE BILL NO. 326 01 "An Act relating to disclosures in contacts between crime victims and witnesses 02 and the defense; relating to recordings of statements of crime victims and 03 witnesses by the defense; and amending Alaska Rule of Evidence 613." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.61.120(c) is amended to read: 06 (c) If a defendant or a person acting on behalf of a defendant 07 [REPRESENTING THE DEFENDANT, INCLUDING THE DEFENDANT'S 08 ATTORNEY OR A PERSON SPECIFIED BY THE COURT UNDER (b) OF THIS 09 SECTION,] contacts the victim of an offense with which the defendant is or could be 10 charged, the person shall clearly inform the victim 11 (1) of the person's identity and specific association with the defendant; 12 (2) that the victim does not have to talk to the person unless the victim 13 wishes; and 14 (3) that the victim may have a prosecuting attorney or other person
01 present during an interview. 02 * Sec. 2. AS 12.61.120 is amended by adding new subsections to read: 03 (d) If a defendant or a person acting on behalf of a defendant wishes to make 04 a recording of statements of the victim of an offense with which the defendant is or 05 could be charged, or of a witness, the person shall, before recording begins, obtain the 06 consent of the victim or witness to record the statement by clearly informing the victim 07 or witness (1) of the information set out in (c) of this section, (2) that the statement 08 will be recorded if the victim or witness consents, and (3) that the victim or witness 09 may obtain a transcript or other copy of the recorded statement upon request. When 10 recording begins, the person making the recording shall indicate in the recording that 11 the victim or witness has been informed as required by this subsection, and the victim 12 or witness shall state in the recording that consent of the victim or witness to the 13 recording has been given. 14 (e) If a victim or witness requests a transcript or other copy of a recorded 15 statement taken under (d) of this section, the defense shall prepare the transcript or 16 other copy and provide it to the person whose statement was recorded. 17 (f) In this section, 18 (1) "person acting on behalf of a defendant" includes the defendant's 19 attorney, an agent of the defendant or the defendant's attorney, or a person specified 20 by the court under (b) of this section or an agent of that person, but does not include 21 the defendant; 22 (2) "recording" means capturing a statement of a person, whether by 23 magnetic tape or other electronic or electromagnetic means; 24 (3) "witness" means a person contacted in connection with a criminal 25 case because the person making the contact believes the person being contacted may 26 have knowledge or information about the criminal case. 27 * Sec. 3. AS 12.50 is amended by adding a new section to read: 28 Sec. 12.50.200. VICTIMS AND WITNESSES OF SEXUAL OFFENSES. (a) 29 Notwithstanding AS 12.61.120, the defendant accused of a sexual offense, the 30 defendant's counsel, or an investigator or other person working on behalf of the 31 defense, may not
01 (1) contact the victim of the offense or a witness to the offense if the 02 victim or witness, or if the victim or witness is a minor, the parent or guardian of the 03 victim or witness, has informed the defendant or the defendant's counsel in writing or 04 in person that the victim or witness does not wish to be contacted by the defense; 05 (2) obtain a statement from the victim of the offense or a witness to 06 the offense, unless a written authorization is first obtained from the victim or witness, 07 or from the parent or guardian of the victim or witness if the victim or witness is a 08 minor; under this paragraph, a written authorization must state that the victim or 09 witness is aware that there is no legal requirement that the victim or witness talk to 10 the defense. 11 (b) A statement obtained from a victim or witness in violation of (a)(2) of this 12 section is inadmissible in a proceeding involving the prosecution of the defendant for 13 the sexual offense. 14 (c) A defendant who is the parent or guardian of a minor victim or witness 15 may not provide the authorization required under (a) of the section. 16 (d) If an attorney, or a person acting on behalf of the defendant for an 17 attorney, violates this section, the court shall refer the violation to the Disciplinary 18 Board of the Alaska Bar Association as a grievance. 19 (e) In this section, "sexual offense" means a violation of AS 11.41.410 - 20 11.41.470. 21 * Sec. 4. AS 12.50.200, added by sec. 3 of this Act, has the effect of amending Alaska 22 Rule of Evidence 613, relating to impeachment of witnesses.