HCS CSSB 4(JUD): "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date."
00HOUSE CS FOR CS FOR SENATE BILL NO. 4(JUD) 01 "An Act relating to victims' rights; relating to establishing an office of victims' 02 rights; relating to compensation of victims of violent crimes; relating to eligibility 03 for a permanent fund dividend for persons convicted of and incarcerated for 04 certain offenses; relating to notice of appropriations concerning victims' rights; 05 amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska 06 Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for 07 an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. SHORT TITLE. This Act may be known as the Crime Victims' Rights and 10 Advocacy Act of 1999. 11 * Sec. 2. AS 12.55.023(b) is amended to read: 12 (b) A victim may submit to the sentencing court a written statement that the 13 victim believes is relevant to the sentencing decision [,] and may give sworn testimony 14 or make an unsworn oral presentation to the court at the sentencing hearing. If there
01 are numerous victims, the court may reasonably limit the number of victims who may 02 give sworn testimony or make an unsworn oral presentation during the hearing. When 03 requested by the victim of a felony or a class A misdemeanor, if the class A 04 misdemeanor is a crime involving domestic violence or a crime against a person 05 under AS 11.41, when the victim does not submit a statement, give testimony, or 06 make an oral presentation, the victims' advocate may submit a written statement 07 or make an unsworn oral presentation at the sentencing hearing on behalf of the 08 victim. 09 * Sec. 3. AS 18.67.130(c) is amended to read: 10 (c) Compensation may not be awarded under this chapter in an amount in 11 excess of $30,000 [$25,000] per victim per incident. However, in the case of the death 12 of 13 (1) a victim who has more than one dependent eligible for 14 compensation, the total compensation that may be awarded as a result of that death 15 may not exceed $50,000; the [$40,000. THE] board may prorate the total awarded 16 among those dependents according to relative need ; or 17 (2) two or more victims in the same incident who jointly have a 18 dependent eligible for compensation, the total compensation that may be awarded 19 as a result of those deaths may not exceed $50,000 . 20 * Sec. 4. AS 24.60.990(a)(9) is amended to read: 21 (9) "legislative director" means the director of the legislative finance 22 division, the legislative auditor, the director of the legislative research agency, the 23 ombudsman, the victims' advocate, the executive director of the Legislative Affairs 24 Agency, and the directors of the divisions within the Legislative Affairs Agency; 25 * Sec. 5. AS 24 is amended by adding a new chapter to read: 26 Chapter 65. Office of Victims' Rights. 27 Sec. 24.65.010. Office of victims' rights. There is created in the legislative 28 branch of the state the office of victims' rights. The victims' advocate is the director 29 of the office of victims' rights. 30 Sec. 24.65.020. Appointment of the victims' advocate. (a) A candidate for 31 appointment as the victims' advocate shall be nominated by the victims' advocate
01 selection committee composed of three members of the senate appointed by the 02 president of the senate and three members of the house of representatives appointed 03 by the speaker of the house. One member of a minority party caucus in each house 04 shall be appointed to the selection committee. 05 (b) The victims' advocate selection committee shall examine persons to serve 06 as victims' advocate regarding their qualifications and ability and shall place the name 07 of the person selected in nomination. The appointment is effective if the nomination 08 is approved by a roll call vote of two-thirds of the members of the legislature in joint 09 session. The vote on the appointment shall be entered in the journals of both houses. 10 Sec. 24.65.030. Qualifications. A person may not serve as victims' advocate 11 (1) unless the person has been a resident of the state for the three years 12 immediately preceding the person's appointment; 13 (2) unless the person has been engaged in the active practice of law for 14 the three years immediately preceding the person's appointment; 15 (3) unless the person has significant experience in criminal law; 16 (4) unless the person is an attorney licensed to practice law in this 17 state; 18 (5) within one year of the last day on which the person served as a 19 member of the legislature; 20 (6) while the person is a candidate for or holds another national, state, 21 or municipal office; the victims' advocate may not become a candidate for national, 22 state, or municipal office until one year has elapsed from the date the victims' advocate 23 vacates the office of victims' advocate; 24 (7) while the person is engaged in another occupation for which the 25 person receives compensation; 26 (8) unless the person is at least 21 years of age and is a qualified voter. 27 Sec. 24.65.040. Term of office. (a) The term of office of the victims' 28 advocate is five years. A victims' advocate may be reappointed but may not serve for 29 more than three terms. 30 (b) If the term of a victims' advocate expires without the appointment of a 31 successor under this chapter, the incumbent victims' advocate may continue in office
01 until a successor is appointed. If the victims' advocate dies, resigns, becomes 02 ineligible to serve, or is removed or suspended from office, the person appointed as 03 acting victims' advocate under AS 24.65.070(a) serves until a new victims' advocate 04 is appointed for a full term. 05 Sec. 24.65.050. Removal. The legislature, by a concurrent resolution adopted 06 by a roll call vote of two-thirds of the members of each house entered in the journal, 07 may remove or suspend the victims' advocate from office, but only for neglect of duty, 08 misconduct, or disability. 09 Sec. 24.65.060. Compensation. The victims' advocate is entitled to receive 10 an annual salary equal to Step A, Range 26, on the salary schedule set out in 11 AS 39.27.011(a) for Juneau. 12 Sec. 24.65.070. Staff and delegation. (a) The victims' advocate shall appoint 13 a person to serve as acting victims' advocate in the absence of the victims' advocate. 14 The victims' advocate shall also appoint assistants and clerical personnel necessary to 15 carry out the provisions of this chapter. Subject to AS 36.30.020, the victims' advocate 16 may enter into personal services and other contracts the victims' advocate finds 17 necessary to carry out the provisions of this chapter. 18 (b) The victims' advocate may delegate to the assistants any of the victims' 19 advocate's duties except those specified in AS 24.65.150 and 24.65.160; however, 20 during the victims' advocate's absence from the principal business offices, the victims' 21 advocate may delegate the duties specified in AS 24.65.150 and 24.65.160 to the 22 acting victims' advocate for the duration of the absence. The duties specified in 23 AS 24.65.150 and 24.65.160 shall be performed by the acting victims' advocate when 24 serving under AS 24.65.040(b). 25 (c) The victims' advocate and the staff appointed by the victims' advocate are 26 in the exempt service under AS 39.25.110 and are not subject to the employment 27 policies under AS 24.10 or AS 24.20. 28 Sec. 24.65.080. Office facilities and administration. (a) Subject to 29 restrictions and limitations imposed by the executive director of the Legislative Affairs 30 Agency, the administrative facilities and services of the Legislative Affairs Agency, 31 including computer, data processing, and teleconference facilities, may be made
01 available to the victims' advocate to be used in the management of the office of 02 victims' rights and to carry out the purposes of this chapter. 03 (b) The salary and benefits of the victims' advocate and the permanent staff 04 of the victims' advocate shall be paid through the same procedures used for payment 05 of the salaries and benefits of other permanent legislative employees. 06 (c) The victims' advocate shall submit a budget for each fiscal year to the 07 Alaska Legislative Council, and the council shall annually submit an estimated budget 08 to the governor for information purposes in the preparation of the executive budget. 09 After reviewing and approving, with or without modifications, the budget submitted 10 by the victims' advocate, the council shall submit the approved budget to the finance 11 committees of the legislature. 12 Sec. 24.65.090. Procedure. (a) The victims' advocate shall, by regulations 13 adopted under AS 44.62 (Administrative Procedure Act), establish procedures for 14 advocacy on behalf of crime victims, receiving and processing complaints, conducting 15 investigations, reporting findings, and ensuring that confidential information obtained 16 by the victims' advocate in the course of advocacy on behalf of a crime victim or in 17 the course of an investigation will not be improperly disclosed. The victims' advocate 18 may establish procedures so that advocacy and investigations on behalf of crime 19 victims in felony cases take a priority over advocacy and investigations on behalf of 20 crime victims in misdemeanor cases. 21 (b) The office of victims' rights may not charge fees for the submission or 22 investigation of complaints. 23 Sec. 24.65.100. Jurisdiction; duties. (a) The victims' advocate has 24 jurisdiction to advocate on behalf of crime victims of felony offenses or class A 25 misdemeanors, if the class A misdemeanor is a crime involving domestic violence or 26 a crime against a person under AS 11.41, in the courts of the state and to investigate 27 the complaints of crime victims of felony offenses or class A misdemeanors, if the 28 class A misdemeanor is a crime involving domestic violence or a crime against a 29 person under AS 11.41, that they have been denied their rights under the constitution 30 and the laws of the state. In this subsection, "crime involving domestic violence" has 31 the meaning given in AS 18.66.990.
01 (b) The victims' advocate shall exercise reasonable care to 02 (1) ensure that the victims' advocate's exercise of jurisdiction granted 03 under this section does not interfere with an ongoing criminal investigation or with a 04 criminal prosecution; 05 (2) prevent employees of the office of victims' rights from making 06 extrajudicial statements that the victims' advocate is prohibited from making under the 07 Alaska Rules of Professional Conduct. 08 (c) The victims' advocate may not advise, counsel, or advocate on behalf of 09 a victim in a way that would 10 (1) prevent or discourage a victim from cooperating in a criminal 11 investigation; 12 (2) encourage a victim to withhold evidence in a criminal investigation; 13 or 14 (3) prevent or discourage a victim from testifying in a criminal 15 proceeding. 16 Sec. 24.65.110. Advocacy on behalf of crime victims; records. (a) The 17 victims' advocate shall assist crime victims in obtaining the rights crime victims are 18 guaranteed under the constitution and laws of the state with regard to the contacts 19 crime victims have with the justice agencies of the state. 20 (b) The victims' advocate may make the statement a crime victim is authorized 21 to make under art. I, sec. 24, Constitution of the State of Alaska, and AS 12.55.023, 22 in a court of the state when requested by the crime victim and when the crime victim 23 does not personally make a statement. 24 (c) When advocating on behalf of a crime victim in an ongoing criminal case 25 or juvenile adjudication, the victims' advocate is entitled to all information available 26 to the defendant or juvenile. 27 (d) Records obtained by the victims' advocate shall remain in the exclusive 28 custody of the victims' advocate. The victims' advocate may not disclose confidential 29 information to any person. 30 Sec. 24.65.120. Investigations. (a) The victims' advocate may investigate 31 complaints from crime victims that they have been denied the rights they are
01 guaranteed under the constitution and laws of this state. 02 (b) In an investigation, the victims' advocate may 03 (1) make inquiries and obtain information considered necessary; 04 (2) hold private hearings; and 05 (3) notwithstanding other provisions of law, have access at all times to 06 records of justice agencies, including court records of criminal prosecutions and 07 juvenile adjudications, necessary to ensure that the rights of crime victims are not 08 being denied; with regard to court and prosecution records, the victims' advocate is 09 entitled to obtain access to every record that the defendant is entitled to access or 10 receive. 11 (c) The victims' advocate shall maintain confidentiality with respect to all 12 matters and the identities of the complainants or witnesses coming before the victims' 13 advocate except insofar as disclosures may be necessary to enable the victims' advocate 14 to carry out duties and to support recommendations. However, the victims' advocate 15 may not disclose a confidential record obtained from a court or justice agency. 16 Sec. 24.65.130. Powers. (a) Subject to the privileges that witnesses have in 17 the courts of this state, the victims' advocate may compel by subpoena, at a specified 18 time and place, the 19 (1) appearance and sworn testimony of a person who the victims' 20 advocate reasonably believes may be able to give information relating to a matter 21 under investigation under AS 24.65.120; and 22 (2) production by a person of a record or object that the victims' 23 advocate reasonably believes may relate to the matter under investigation under 24 AS 24.65.120. 25 (b) If a person refuses to comply with a subpoena issued under (a) of this 26 section, the superior court may, on application of the victims' advocate, compel 27 obedience by proceedings for contempt in the same manner as in the case of 28 disobedience to the requirements of a subpoena issued by the court or refusal to testify 29 in the court. 30 (c) This section does not authorize the victims' advocate to issue a subpoena 31 to
01 (1) a justice, judge, magistrate, or a law clerk acting under the direction 02 of a justice, judge, or magistrate, concerning a judicial action or nonaction taken by, 03 or under the direction of, the justice, judge, or magistrate; 04 (2) a person acting under the direction of a justice, judge, or magistrate, 05 other than a law clerk, concerning a judicial action or nonaction taken by, or under the 06 direction of, a justice, judge, or magistrate except to establish the occurrence or 07 nonoccurrence of the action or nonaction or the person's own actions or nonactions; 08 this paragraph does not authorize the victims' advocate to inquire into the decision- 09 making or thought process of the justice, judge, or magistrate; 10 (3) a member of a jury concerning a matter that was considered by the 11 jury; or 12 (4) the person accused or convicted of committing the crime that is the 13 basis for the complaint, and investigation under AS 24.65.120, concerning a denial of 14 rights. 15 Sec. 24.65.140. Consultation. Before giving an opinion or recommendation 16 that is critical of a justice agency or person as a result of an investigation under 17 AS 24.65.120, the victims' advocate shall consult with that agency or person. The 18 victims' advocate may make a preliminary opinion or recommendation available to the 19 agency or person for review, but the preliminary opinion or recommendation is 20 confidential and may not be disclosed to the public by the agency or person. 21 Sec. 24.65.150. Procedure after investigation. (a) The victims' advocate 22 shall report the advocate's opinion and recommendations to a justice agency if the 23 victims' advocate finds, after investigation under AS 24.65.120, that the agency has 24 denied a crime victim rights the crime victim is guaranteed under the constitution and 25 laws of this state. 26 (b) The victims' advocate may request the justice agency to notify the victims' 27 advocate, within a specified time, of any action taken on the recommendations. 28 (c) The report provided under (a) of this section is confidential and may not 29 be disclosed to the public by the justice agency. The victims' advocate may disclose 30 the report under AS 24.65.160 only after providing notice that the investigation has 31 been concluded to the agency and after receiving the written approval of the
01 complainant to release the report. 02 Sec. 24.65.160. Publication of recommendations. Except as provided in 03 AS 24.65.150(c), within a reasonable amount of time after the victims' advocate reports 04 the advocate's opinion and recommendations to a justice agency, the victims' advocate 05 may present the opinion and recommendations to the governor, the legislature, a grand 06 jury, the public, or any of these. The victims' advocate shall include with the opinion 07 any reply made by the agency. 08 Sec. 24.65.170. Annual report. The victims' advocate shall make available 09 to the public an annual report of the victims' advocate's activities under this chapter 10 and notify the legislature that the report is available. 11 Sec. 24.65.180. Judicial review. A proceeding or decision of the victims' 12 advocate may be reviewed in superior court only to determine if it is contrary to the 13 provisions of this chapter. 14 Sec. 24.65.190. Immunity of the victims' advocate. A civil action may not 15 be brought against the victims' advocate or a member of the victims' advocate's staff 16 for anything done, said, or omitted in performing the victims' advocate's duties or 17 responsibilities under this chapter. 18 Sec. 24.65.200. Victims' advocate's privilege not to testify or produce 19 documents or other evidence. The victims' advocate and the staff of the victims' 20 advocate may not be compelled to testify or produce documents or other evidence in 21 a court regarding matters coming to their attention in the exercise or purported exercise 22 of their official duties except as may be necessary to enforce the provisions of this 23 chapter. 24 Sec. 24.65.210. Penalty. A person who knowingly hinders the lawful actions 25 of the victims' advocate or the staff of the victims' advocate, or who knowingly refuses 26 to comply with their lawful demands, is guilty of a misdemeanor and upon conviction 27 may be punished by a fine of not more than $1,000. In this section, "knowingly" has 28 the meaning given in AS 11.81.900. 29 Sec. 24.65.250. Definitions. In this chapter, 30 (1) "justice agency" means a department, office, institution, corporation, 31 authority, organization, commission, committee, council, court, or board in the
01 executive or judicial branches of the state government that is, in any manner, involved 02 with or responsible for the apprehension, prosecution, incarceration, or supervision of 03 criminal or juvenile offenders; it also includes an officer, employee, or member of an 04 agency acting or purporting to act in the exercise of official duties, including the 05 governor and lieutenant governor, when acting with regard to executive clemency, 06 judges, and magistrates; 07 (2) "victim" has the meaning given in AS 12.55.185. 08 * Sec. 6. AS 39.25.120(c) is amended by adding a new paragraph to read: 09 (25) the victims' advocate established under AS 24.65.010. 10 * Sec. 7. AS 39.27.022(d) is amended to read: 11 (d) This section applies to employees of the legislature only if the committee 12 responsible for adopting employment policies concerning the employee adopts a 13 written policy that the section applies. This section applies to the employees of the 14 office of the ombudsman only if the ombudsman adopts a policy that the section 15 applies. This section applies to the employees of the office of victims' rights only 16 if the victims' advocate adopts a policy that the section applies. 17 * Sec. 8. AS 39.35.385(f) is amended to read: 18 (f) Subject to AS 39.35.450, an employee is eligible for a normal retirement 19 benefit at age 60 or an early retirement benefit at age 55 if the employee was first 20 hired as a legislative employee before May 30, 1987 , and has at least 60 days of 21 credited service as an employee of the legislature, other than as an employee of the 22 Office of the Ombudsman or the office of victims' rights , during each of five 23 legislative sessions. An employee who was first hired as a legislative employee on or 24 after May 30, 1987 , and is otherwise eligible under this subsection must have at least 25 80 days of credited service during each of five legislative sessions to receive benefits 26 under this subsection. 27 * Sec. 9. AS 43.23.005(d) is amended to read: 28 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 29 not eligible for a permanent fund dividend for a dividend year when 30 (1) during the qualifying year, the individual was sentenced as a result 31 of conviction in this state of a felony;
01 (2) during all or part of the qualifying year, the individual was 02 incarcerated as a result of the conviction in this state of a 03 (A) felony; or 04 (B) misdemeanor if the individual has been convicted of 05 (i) a prior felony as defined in AS 11.81.900; or 06 (ii) two or more prior misdemeanors [CRIMES] as 07 defined in AS 11.81.900. 08 * Sec. 10. AS 43.23.028 is amended to read: 09 Sec. 43.23.028. Public notice. (a) By October 1 of each year, the 10 commissioner shall give public notice of the value of each permanent fund dividend 11 for that year and notice of the information required to be disclosed under (3) of this 12 subsection. In addition, the stub attached to each individual dividend check and direct 13 deposit advice must 14 (1) disclose the amount of each dividend attributable to income earned 15 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 16 Constitution of the State of Alaska; 17 (2) disclose the amount of each dividend attributable to income earned 18 by the permanent fund from appropriations to that fund and from amounts added to 19 that fund to offset the effects of inflation; 20 (3) disclose the amount by which each dividend has been reduced due 21 to each appropriation from the dividend fund, including amounts to pay the costs of 22 administering the dividend program and the hold harmless provisions of AS 43.23.075; 23 (4) include a statement that an individual is not eligible for a dividend 24 when 25 (A) during the qualifying year , the individual was convicted of 26 a felony; 27 (B) during all or part of the qualifying year, the individual was 28 incarcerated as a result of the conviction of a 29 (i) felony; or 30 (ii) misdemeanor if the individual has been convicted of 31 a prior felony or two or more prior misdemeanors [CRIMES];
01 (5) include a statement that the legislative purpose for making 02 individuals listed under (4) of this subsection ineligible is to 03 (A) obtain reimbursement for some of the costs imposed on the 04 state criminal justice system related to incarceration or probation of those 05 individuals; 06 (B) provide funds for services for and payments to crime 07 victims and for grants for the operation of domestic violence and sexual assault 08 programs; 09 (6) disclose the total amount that would have been paid during the 10 previous fiscal year to individuals who were ineligible to receive dividends under 11 AS 43.23.005(d) if they had been eligible; 12 (7) disclose the total amount appropriated for the current fiscal year 13 under (b) of this section for each of the funds and agencies listed in (b) of this section. 14 (b) To the extent that amounts appropriated for a fiscal year do not exceed the 15 total amount that would have been paid during the previous fiscal year to individuals 16 who were ineligible to receive dividends under AS 43.23.005(d) if they had been 17 eligible, the notice requirements of (a)(3) of this section do not apply to appropriations 18 from the dividend fund to [THE] 19 (1) the crime victim compensation fund established under AS 18.67.162 20 for payments to crime victims; 21 (2) the council on domestic violence and sexual assault established 22 under AS 18.66.010 for grants for the operation of domestic violence and sexual 23 assault programs; [OR] 24 (3) the Department of Corrections for incarceration and probation 25 programs ; or 26 (4) the office of victims' rights . 27 * Sec. 11. AS 44.62.040(c) is amended to read: 28 (c) Before submitting the regulations and orders of repeal to the lieutenant 29 governor under (a) of this section, every state agency that by statute possesses 30 regulation making authority, except boards and commissions , the office of victims' 31 rights, and the office of the ombudsman, shall submit to the governor for review a
01 copy of every regulation or order of repeal adopted by the agency, except regulations 02 and orders of repeal identified in (a)(1) - (2) of this section. The governor may review 03 the regulations and orders of repeal received under this subsection. The governor may 04 return the regulations and orders of repeal to the adopting agency before they are 05 submitted to the lieutenant governor for filing under (a) of this section [,] (1) if they 06 are inconsistent with the faithful execution of the laws , or (2) to enable the adopting 07 agency to respond to specific issues raised by the Administrative Regulation Review 08 Committee. The governor may not delegate the governor's review authority under this 09 subsection to a person other than the lieutenant governor. 10 * Sec. 12. AS 44.62.215 is amended to read: 11 Sec. 44.62.215. Record of public comment. In the drafting, review, or other 12 preparation of a proposed regulation, amendment, or order of repeal, an agency, other 13 than a board or commission , the office of victims' rights, and the office of the 14 ombudsman, shall keep a record of its use or rejection of factual or other substantive 15 information that is submitted in writing as public comment and that is relevant to the 16 accuracy, coverage, or other aspect of the proposed regulatory action. 17 * Sec. 13. AS 44.66.050(c) is amended to read: 18 (c) A determination as to whether a board or commission or agency program 19 has demonstrated a public need for its continued existence must take into consideration 20 the following factors: 21 (1) the extent to which the board, commission, or program has operated 22 in the public interest; 23 (2) the extent to which the operation of the board, commission, or 24 agency program has been impeded or enhanced by existing statutes, procedures, and 25 practices that it has adopted, and any other matter, including budgetary, resource, and 26 personnel matters; 27 (3) the extent to which the board, commission, or agency has 28 recommended statutory changes that are generally of benefit to the public interest; 29 (4) the extent to which the board, commission, or agency has 30 encouraged interested persons to report to it concerning the effect of its regulations and 31 decisions on the effectiveness of service, economy of service, and availability of
01 service that it has provided; 02 (5) the extent to which the board, commission, or agency has 03 encouraged public participation in the making of its regulations and decisions; 04 (6) the efficiency with which public inquiries or complaints regarding 05 the activities of the board, commission, or agency filed with it, with the department 06 to which a board or commission is administratively assigned, or with the office of 07 victims' rights or the office of the ombudsman have been processed and resolved; 08 (7) the extent to which a board or commission that regulates entry into 09 an occupation or profession has presented qualified applicants to serve the public; 10 (8) the extent to which state personnel practices, including affirmative 11 action requirements, have been complied with by the board, commission, or agency to 12 its own activities and the area of activity or interest; and 13 (9) the extent to which statutory, regulatory, budgeting, or other 14 changes are necessary to enable the agency, board, or commission to better serve the 15 interests of the public and to comply with the factors enumerated in this subsection. 16 * Sec. 14. AS 44.99.240(2) is amended to read: 17 (2) "state agency" means 18 (A) a department, institution, board, commission, division, 19 authority, public corporation, or other administrative unit of the executive 20 branch, including the University of Alaska and the Alaska Railroad 21 Corporation; 22 (B) a committee, division, or administrative unit of the 23 legislative branch, including the Alaska Legislative Council, the leadership of 24 each house, the office of victims' rights, and the office of the ombudsman; 25 (C) an administrative unit of the judicial branch, including the 26 Alaska Judicial Council and the Commission on Judicial Conduct. 27 * Sec. 15. AS 24.65.110 and 24.65.120, added by sec. 5 of this Act, have the effect of 28 amending Rule 16, Alaska Rules of Criminal Procedure, and Rule 9, Alaska Delinquency 29 Rules, by allowing the victims' advocate a right of access to information in criminal 30 prosecutions and juvenile adjudications that is equal to that available to criminal defendants 31 or juveniles when the advocate is engaging in advocacy or that is unlimited when the advocate
01 is engaging in investigations concerning victims' rights. 02 * Sec. 16. AS 24.65.200, added by sec. 5 of this Act, amends Rule 501, Alaska Rules of 03 Evidence, by creating a new privilege from being compelled to testify in a court. 04 * Sec. 17. Notwithstanding the effective date of secs. 1 - 8 and 11 - 16 of this Act, to the 05 extent that there are appropriations for the purpose, the executive director of the Legislative 06 Affairs Agency may purchase supplies and equipment, obtain office space, and employ clerical 07 staff so that the office of victims' rights, created in sec. 5 of this Act, is able to begin work 08 on July 1, 2001. 09 * Sec. 18. Sections 9, 10, and 17 of this Act take effect immediately under 10 AS 01.10.070(c). 11 * Sec. 19. Sections 1 - 8 and 11 - 16 of this Act take effect July 1, 2001.