SCS CSHB 9(FIN): "An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of `incapacitated' for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rules 6 and 43(d), Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) 01 "An Act relating to the rights of crime victims and victims of juvenile offenses; 02 relating to the collection by victims of restitution from prisoners; relating to the 03 definition of `incapacitated' for sexual offenses; creating the crime of interfering 04 with a report of a crime involving domestic violence; relating to mental 05 examinations of victims in criminal prosecutions; relating to the safety of 06 victims, other persons, and the community in setting bail or conditions of 07 release; relating to access to certain records of the Violent Crimes Compensation 08 Board; amending Rules 6 and 43(d), Alaska Rules of Criminal Procedure, Rules 09 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; 10 and providing for an effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. PURPOSE. The purpose of secs. 2, 16, 18, 22, and 23 of this Act is to clarify 13 that the right of crime victims "to be present at all criminal or juvenile proceedings where the 14 accused has the right to be present," which is a right protected under art. I, sec. 24, of the
01 state constitution, may not be abridged by the sequestration rule applicable to most witnesses. 02 * Sec. 2. AS 09.20.180 is amended to read: 03 Sec. 09.20.180. Exclusion of witnesses from courtroom. Except as 04 provided in AS 12.61.010 and AS 47.12.110(b), upon [UPON] the request of either 05 party the judge may exclude from the courtroom any witness of the adverse party not 06 under examination at the time so that the witness may not hear the testimony of other 07 witnesses. 08 * Sec. 3. AS 09.38.030(a) is amended to read: 09 (a) Except as provided in (b), (c), [AND] (f), and (h) of this section and 10 AS 09.38.050, an individual debtor is entitled to an exemption of the individual 11 debtor's weekly net earnings not to exceed $350. The weekly net earnings of an 12 individual are determined by subtracting from the weekly gross earnings all sums 13 required by law or court order to be withheld. The weekly net earnings of an 14 individual paid on a monthly basis are determined by subtracting from the monthly 15 gross earnings of the individual all sums required by law or court order to be withheld 16 and dividing the remainder by 4.3. The weekly net earnings of an individual paid on 17 a semi-monthly basis are determined by subtracting from the semi-monthly gross 18 earnings all sums required by law or court order to be withheld and dividing the 19 remainder by 2.17. 20 * Sec. 4. AS 09.38.030(b) is amended to read: 21 (b) An individual who does not receive earnings either weekly, semi-monthly, 22 or monthly is entitled to a maximum exemption for the aggregate value of cash and 23 other liquid assets available in any month of $1,400, except as provided in (f) and (h) 24 of this section and in AS 09.38.050. The term "liquid assets" includes deposits, 25 securities, notes, drafts, accrued vacation pay, refunds, prepayments, and receivables, 26 but does not include permanent fund dividends before or after receipt by the 27 individual. 28 * Sec. 5. AS 09.38.030(g) is amended to read: 29 (g) In this section, 30 (1) "correctional facility" has the meaning given in AS 33.30.901; 31 (2) "official detention" has the meaning given in AS 11.81.900(b);
01 (3) "prisoner" means a person held under the authority of state or 02 municipal law in official detention. 03 * Sec. 6. AS 09.38.030 is amended by adding a new subsection to read: 04 (h) A creditor may levy upon earnings or liquid assets exempt under (a) or (b) 05 of this section if the money is held outside a correctional facility and the claim is for 06 court-ordered restitution to be paid by a prisoner to the creditor under a judgment for 07 conviction of a crime or an adjudication of delinquency. 08 * Sec. 7. AS 11.41.470(2) is amended to read: 09 (2) "incapacitated" means temporarily incapable of appraising the nature 10 of one's own conduct or [AND] physically unable to express unwillingness to act; 11 * Sec. 8. AS 11.56 is amended by adding a new section to read: 12 Sec. 11.56.745. Interfering with a report of a crime involving domestic 13 violence. (a) A person, other than the victim, commits the crime of interfering with 14 a report of a crime involving domestic violence if the person knowingly interferes 15 with another person who is reporting or attempting to report a crime involving 16 domestic violence to a law enforcement agency. 17 (b) In this section, "crime involving domestic violence" has the meaning given 18 in AS 18.66.990. 19 (c) Violation of this section is a class A misdemeanor. 20 * Sec. 9. AS 12.30.010 is amended to read: 21 Sec. 12.30.010. Bail before conviction is matter of right. The defendant in 22 a criminal proceeding is entitled to be admitted to bail before conviction as a matter 23 of right if the alleged victim can be reasonably protected through the imposition 24 of bail and conditions of release. 25 * Sec. 10. AS 12.30.020(a) is amended to read: 26 (a) A person charged with an offense shall, at that person's first appearance 27 before a judicial officer, be ordered released pending trial on the person's personal 28 recognizance or upon the execution of an unsecured appearance bond in an amount 29 specified by the judicial officer unless the offense is an unclassified felony or class A 30 felony or unless the officer determines that the release of the person will not 31 reasonably assure the appearance of the person as required [,] or will pose a danger
01 to the alleged victim, other persons, or [AND] the community. If the offense with 02 which a person is charged is a felony, on motion of the prosecuting attorney, the 03 judicial officer may allow the prosecuting attorney up to 48 hours to demonstrate that 04 release of the person on the person's personal recognizance or upon the execution of 05 an unsecured appearance bond will not reasonably assure the appearance of the person 06 [,] or will pose a danger to the alleged victim, other persons, or [AND] the 07 community. 08 * Sec. 11. AS 12.30.020(b) is amended to read: 09 (b) If a judicial officer determines under (a) of this section that the release of 10 a person will not reasonably assure the appearance of the person, or will pose a danger 11 to the alleged victim, other persons, or [AND] the community, the judicial officer 12 may 13 (1) place the person in the custody of a designated person or 14 organization agreeing to supervise the person; 15 (2) place restrictions on the travel, association, or place of abode of the 16 person during the period of release; 17 (3) require the person to return to custody after daylight hours on 18 designated conditions; 19 (4) require the execution of an appearance bond in a specified amount 20 and the deposit in the registry of the court, in cash or other security, a sum not to 21 exceed 10 percent of the amount of the bond; the deposit to be returned upon the 22 performance of the condition of release; 23 (5) require the execution of a bail bond with sufficient solvent sureties 24 or the deposit of cash; or 25 (6) impose any other condition considered reasonably necessary to 26 assure the defendant's appearance as required and the safety of the alleged victim, 27 other persons, or [AND] the community. 28 * Sec. 12. AS 12.30 is amended by adding a new section to read: 29 Sec. 12.30.035. Release pending appeal by state. If the state appeals an 30 order dismissing an indictment, information, or complaint, or granting a new trial after 31 verdict or judgment, the court shall treat the defendant in accordance with the
01 provisions governing pretrial release under this chapter. 02 * Sec. 13. AS 12.30.040(a) is amended to read: 03 (a) A person who has been convicted of an offense and is awaiting sentence, 04 or who has filed an appeal, shall be treated in accordance with the provisions of 05 AS 12.30.020 unless the court has reason to believe that no one or more conditions of 06 release will reasonably assure the appearance of the person as required or prevent the 07 person from posing a danger to the victim, other persons, or [AND] the community. 08 If that determination is made, the person may be remanded to custody. This section 09 does not affect the right of a person appealing from a judgment of conviction from a 10 district court to the superior court to be released on bail pending appeal under Rule 11 603(b) of the Rules of Appellate Procedure; however, the court shall consider the 12 safety of the victim, other persons, and the community before the person is 13 released under the rule. 14 * Sec. 14. AS 12.45 is amended by adding a new section to read: 15 Sec. 12.45.042. Mental examination of victim. In a criminal prosecution 16 under AS 11.41, the court may not order or compel the victim to undergo a psychiatric 17 or psychological examination unless 18 (1) the victim's psychiatric or psychological condition is an element of 19 the offense charged; or 20 (2) the prosecution has given notice that it will present evidence at trial 21 that the victim suffers from a continuing psychological or psychiatric condition that 22 resulted from the offense charged. 23 * Sec. 15. AS 12.55.175(b) is amended to read: 24 (b) Upon receipt of a record of proceedings under AS 12.55.165, the three- 25 judge panel shall consider all pertinent files, records, and transcripts, including the findings 26 and conclusions of the judge who originally heard the matter. The panel may hear oral 27 testimony to supplement the record before it. If the panel supplements the record, the 28 panel shall permit the victim to testify before the panel. If the panel finds that manifest 29 injustice would result from failure to consider relevant aggravating or mitigating factors not 30 specifically included in AS 12.55.155 or from imposition of the presumptive term, whether 31 or not adjusted for aggravating or mitigating factors, it shall sentence the defendant in
01 accordance with this section. If the panel does not find that manifest injustice would result, 02 it shall remand the case to the sentencing court, with a written statement of its findings and 03 conclusions, for sentencing under AS 12.55.125. 04 * Sec. 16. AS 12.61.010 is amended to read: 05 Sec. 12.61.010. Rights of crime victims. (a) Victims of crimes have the 06 following rights: 07 (1) the right to be present during any proceeding in 08 (A) the prosecution and sentencing of a defendant if the 09 defendant has the right to be present, including being present during 10 testimony even if the victim is likely to be called as a witness; 11 (B) the adjudication of a minor as provided under 12 AS 47.12.110; 13 (2) [(1)] the right to be notified [INFORMED] by the appropriate law 14 enforcement agency or the prosecuting attorney of the date of trial, [AND THE DATE 15 OF] sentencing, including a proceeding before a three-judge panel under 16 AS 12.55.175 and any hearing in which the defendant's release from custody is 17 considered [OF THE CASE IN WHICH THE VICTIM IS INVOLVED]; 18 (3) [(2)] the right to be notified that a sentencing hearing or a court 19 proceeding to which the victim has been subpoenaed will not occur as scheduled; 20 (4) [(3)] the right to receive protection from harm and threats of harm 21 arising out of cooperation with law enforcement and prosecution efforts [,] and to be 22 provided with information as to the protection available; 23 (5) [(4)] the right to be notified [INFORMED] of the procedure to be 24 followed to apply for and receive any compensation under AS 18.67; 25 (6) [(5)] at the request of the prosecution or a law enforcement agency, 26 the right to cooperate with the criminal justice process without loss of pay and other 27 employee benefits except as authorized by AS 12.61.017 and without interference in 28 any form by the employer of the victim of crime; 29 (7) [(6)] the right to obtain access to immediate medical assistance and 30 not to be detained for an unreasonable length of time by a law enforcement agency 31 before having medical assistance administered; however, an employee of the law
01 enforcement agency may, if necessary, accompany the person to a medical facility to 02 question the person about the criminal incident if the questioning does not hinder the 03 administration of medical assistance; 04 (8) [(7)] the right to make a written or oral statement for use in 05 preparation of the presentence report of a felony defendant; 06 (9) [(8)] the right to appear personally at the defendant's sentencing 07 hearing to present a written statement [,] and to give sworn testimony or an unsworn 08 oral presentation; 09 (10) [AND (9)] the right to be informed by the prosecuting attorney, 10 at any time after the defendant's conviction, about the complete record of the 11 defendant's convictions; 12 (11) the right to notice under AS 12.47.095 concerning the status 13 of the defendant found not guilty by reason of insanity; 14 (12) the right to notice under AS 33.16.087 of a hearing concerning 15 special medical parole of the defendant; 16 (13) the right to notice under AS 33.16.120 of a hearing to consider 17 or review discretionary parole of the defendant; and 18 (14) the right to notice under AS 33.30.013 of the release or escape 19 of the defendant. 20 (b) Law enforcement agencies, prosecutors, corrections agencies, social 21 services agencies, and the courts shall make every reasonable effort to ensure that 22 victims of crimes have the rights set out in (a) of this section. However, a failure to 23 ensure these rights does not give rise to a separate cause of action against law 24 enforcement agencies, other agencies of the state, or a political subdivision of the state. 25 * Sec. 17. AS 18.67.030 is amended by adding a new subsection to read: 26 (c) An application for compensation and personally identifying information 27 relating to an applicant for compensation are confidential records and may not be 28 released by the board. 29 * Sec. 18. AS 47.12.110(b) is amended to read: 30 (b) Notwithstanding (a) of this section, the victim of an offense that a minor 31 is alleged to have committed, or the designee of the victim, has a right to be present
01 at all hearings or proceedings held under this section at which the minor has a right 02 to be present. If the minor is found to have committed the offense, the victim may 03 at the disposition hearing give sworn testimony or make an unsworn oral presentation 04 concerning the offense and its effect on the victim. If there are numerous victims of 05 a minor's offense, the court may limit the number of victims who may give sworn 06 testimony or make an unsworn oral presentation, but the court may not limit the right 07 of a victim to attend a hearing even if the victim is likely to be a witness in a 08 hearing concerning the minor's alleged offense. 09 * Sec. 19. Rule 6(u)(1), Alaska Rules of Criminal Procedure, is amended to read: 10 (1) A witness may participate telephonically in grand jury proceedings 11 if the witness [IS NOT A VICTIM AND THE WITNESS:] 12 (A) would be required to travel more than 50 miles to the situs 13 of the grand jury; or 14 (B) lives in a place from which people customarily travel by air 15 to the situs of the grand jury. 16 * Sec. 20. Rule 43(d), Alaska Rules of Criminal Procedure, is amended to read: 17 (d) Discharge from Custody -- Exoneration of Bail. Except as provided 18 in AS 12.30.035, when [WHEN] dismissal is ordered pursuant to this rule the 19 defendant shall be discharged from custody, or if admitted to bail, the bail exonerated, 20 or money deposited in lieu thereof refunded to the depositors. 21 * Sec. 21. Rule 404(b), Alaska Rules of Evidence, is amended by adding a new paragraph 22 to read: 23 (4) In a prosecution for a crime involving domestic violence or of 24 interfering with a report of a crime involving domestic violence, evidence of other 25 crimes involving domestic violence by the defendant against the same or another 26 person or of interfering with a report of a crime involving domestic violence is 27 admissible. In this paragraph, "domestic violence" and "crime involving domestic 28 violence" have the meanings given in AS 18.66.990. 29 * Sec. 22. Rule 615, Alaska Rules of Evidence, is amended to read: 30 Rule 615. Exclusion of Witnesses. At the request of a party the court may 31 order witnesses excluded so that they cannot hear the testimony of other witnesses, and
01 it may make the order on its own motion. This rule does not authorize exclusion of 02 (1) a party who is a natural person; [, OR] 03 (2) an officer or employee of a party which is not a natural person 04 designated as its representative by its attorney; [, OR] 05 (3) a person whose presence is shown by a party to be important to the 06 presentation of the party's [HIS] cause; or 07 (4) the victim of the alleged crime or juvenile offense during 08 criminal or juvenile proceedings when the accused has the right to be present; in 09 this paragraph, "victim" has the meaning given in AS 12.55.185. 10 * Sec. 23. Rule 3(c), Alaska Delinquency Rules, is amended to read: 11 (c) General Public Excluded. Hearings are not open to the public unless requested 12 by the juvenile. However, the court may, after due consideration for the welfare of the 13 juvenile and the interests of the public, admit specific individuals to a hearing, and shall admit 14 victims of the juvenile's offense to hearings and proceedings as required by AS 47.12.110 15 [AS 47.10.070(b)]. 16 * Sec. 24. Rule 6(u)(4), Alaska Rules of Criminal Procedure, is repealed. 17 * Sec. 25. AS 12.30.035, added by sec. 12 of this Act, amends Rule 43(d), by changing 18 the standard for discharge from custody and exoneration of bail in certain cases. 19 * Sec. 26. APPLICABILITY. (a) Except as provided in (c) and (d) of this section, this 20 Act applies to a criminal or juvenile hearing and proceedings held on or after the effective 21 date of this Act, regardless of whether the criminal offense or delinquent act occurred before, 22 on, or after the effective date of this Act. 23 (b) Sections 3 - 6 of this Act apply to collections regardless of whether the judgment, 24 offense, or delinquent act occurred before, on, or after the effective date of this Act. 25 (c) Sections 7 - 8 of this Act apply to offenses committed on or after the effective 26 date of this Act. 27 (d) Sections 12 and 20 of this Act apply to all criminal prosecutions and appeals 28 pending on or arising after the effective date of secs. 12 and 20 of this Act, regardless of 29 whether the prosecution was initiated or the appeal was filed before the effective date of 30 secs. 12 and 20 of this Act. 31 * Sec. 27. Sections 12 and 20 of this Act take effect immediately in accordance with
01 AS 01.10.070(c). 02 * Sec. 28. Except as provided in sec. 27 of this Act, this Act takes effect July 1, 1997.