CSSB 105(FIN): "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to the authority of litigants and the court to comment on the crime victim's choice to appear or testify in a criminal case; 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 Rules 16 and 30, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date."
00 CS FOR SENATE BILL NO. 105(FIN) 01 "An Act relating to victims' rights; relating to establishing an office of victims' rights; 02 relating to the authority of litigants and the court to comment on the crime victim's 03 choice to appear or testify in a criminal case; relating to compensation of victims of 04 violent crimes; relating to eligibility for a permanent fund dividend for persons 05 convicted of and incarcerated for certain offenses; relating to notice of appropriations 06 concerning victims' rights; amending Rules 16 and 30, Alaska Rules of Criminal 07 Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; 08 and providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 SHORT TITLE. This Act may be known as the Crime Victims' Rights and Advocacy
01 Act of 2001. 02 * Sec. 2. AS 12.55.023(b) is amended to read: 03 (b) A victim may submit to the sentencing court a written statement that the 04 victim believes is relevant to the sentencing decision [,] and may give sworn testimony 05 or make an unsworn oral presentation to the court at the sentencing hearing. If there 06 are numerous victims, the court may reasonably limit the number of victims who may 07 give sworn testimony or make an unsworn oral presentation during the hearing. 08 When requested by the victim of a felony or a class A misdemeanor, if the class A 09 misdemeanor is a crime involving domestic violence or a crime against a person 10 under AS 11.41, when the victim does not submit a statement, give testimony, or 11 make an oral presentation, the victims' advocate may submit a written statement 12 or make an unsworn oral presentation at the sentencing hearing on behalf of the 13 victim. 14 * Sec. 3. AS 12.61 is amended by adding a new section to article 2 to read: 15 Sec. 12.61.200. Comment not permitted. (a) The decision of the crime 16 victim to testify or appear at a criminal case is not a proper subject of comment by 17 judge or counsel. 18 (b) Upon request, a party against whom the jury might draw an adverse 19 inference from the failure of a crime victim to appear or testify is entitled to an 20 instruction that no inference may be drawn therefrom. 21 * Sec. 4. AS 18.67.130(c) is amended to read: 22 (c) Compensation may not be awarded under this chapter in an amount in 23 excess of $40,000 [$25,000] per victim per incident. However, in the case of the death 24 of 25 (1) a victim who has more than one dependent eligible for 26 compensation, the total compensation that may be awarded as a result of that death 27 may not exceed $80,000; the [$40,000. THE] board may prorate the total awarded 28 among those dependents according to relative need; or 29 (2) two or more victims in the same incident who jointly have a 30 dependent eligible for compensation, the total compensation that may be 31 awarded as a result of those deaths may not exceed $80,000.
01 * Sec. 5. AS 24.60.990(a)(9) is amended to read: 02 (9) "legislative director" means the director of the legislative finance 03 division, the legislative auditor, the director of the legislative research agency, the 04 ombudsman, the victims' advocate, the executive director of the Legislative Affairs 05 Agency, and the directors of the divisions within the Legislative Affairs Agency; 06 * Sec. 6. AS 24 is amended by adding a new chapter to read: 07 Chapter 65. Office of Victims' Rights. 08 Sec. 24.65.010. Office of victims' rights. There is created in the legislative 09 branch of the state the office of victims' rights. The victims' advocate is the director of 10 the office of victims' rights. 11 Sec. 24.65.020. Appointment of the victims' advocate. (a) A candidate for 12 appointment as the victims' advocate shall be nominated by the victims' advocate 13 selection committee composed of three members of the senate appointed by the 14 president of the senate and three members of the house of representatives appointed by 15 the speaker of the house. One member of a minority party caucus in each house shall 16 be appointed to the selection committee. 17 (b) The victims' advocate selection committee shall examine persons to serve 18 as victims' advocate regarding their qualifications and ability and shall place the name 19 of the person selected in nomination. The appointment is effective if the nomination is 20 approved by a roll call vote of two-thirds of the members of the legislature in joint 21 session. The vote on the appointment shall be entered in the journals of both houses. 22 Sec. 24.65.030. Qualifications. A person may not serve as victims' advocate 23 (1) unless the person has been a resident of the state for the three years 24 immediately preceding the person's appointment; 25 (2) unless the person has been engaged in the active practice of law for 26 the three years immediately preceding the person's appointment; 27 (3) unless the person has significant experience in criminal law; 28 (4) unless the person is an attorney licensed to practice law in this 29 state; 30 (5) within one year of the last day on which the person served as a 31 member of the legislature;
01 (6) while the person is a candidate for or holds another national, state, 02 or municipal office; the victims' advocate may not become a candidate for national, 03 state, or municipal office until one year has elapsed from the date the victims' 04 advocate vacates the office of victims' advocate; 05 (7) while the person is engaged in another occupation for which the 06 person receives compensation; 07 (8) unless the person is at least 21 years of age and is a qualified voter. 08 Sec. 24.65.040. Term of office. (a) The term of office of the victims' 09 advocate is five years. A victims' advocate may be reappointed but may not serve for 10 more than three terms. 11 (b) If the term of a victims' advocate expires without the appointment of a 12 successor under this chapter, the incumbent victims' advocate may continue in office 13 until a successor is appointed. If the victims' advocate dies, resigns, becomes 14 ineligible to serve, or is removed or suspended from office, the person appointed as 15 acting victims' advocate under AS 24.65.070(a) serves until a new victims' advocate is 16 appointed for a full term. 17 Sec. 24.65.050. Removal. The legislature, by a concurrent resolution adopted 18 by a roll call vote of two-thirds of the members of each house entered in the journal, 19 may remove or suspend the victims' advocate from office, but only for neglect of duty, 20 misconduct, or disability. 21 Sec. 24.65.060. Compensation. The victims' advocate is entitled to receive 22 an annual salary equal to Step A, Range 26, on the salary schedule set out in 23 AS 39.27.011(a) for Juneau. 24 Sec. 24.65.070. Staff and delegation. (a) The victims' advocate shall appoint 25 a person to serve as acting victims' advocate in the absence of the victims' advocate. 26 The victims' advocate shall also appoint assistants and clerical personnel necessary to 27 carry out the provisions of this chapter. Subject to AS 36.30.020, the victims' 28 advocate may enter into personal services and other contracts the victims' advocate 29 finds necessary to carry out the provisions of this chapter. The victims' advocate shall, 30 to the maximum extent practicable, conduct the duties and work of the office by 31 entering into personal services and other contracts the victims' advocate finds
01 necessary to carry out the provisions of this chapter. 02 (b) The victims' advocate may delegate to the assistants any of the victims' 03 advocate's duties except those specified in AS 24.65.150 and 24.65.160; however, 04 during the victims' advocate's absence from the principal business offices, the victims' 05 advocate may delegate the duties specified in AS 24.65.150 and 24.65.160 to the 06 acting victims' advocate for the duration of the absence. The duties specified in 07 AS 24.65.150 and 24.65.160 shall be performed by the acting victims' advocate when 08 serving under AS 24.65.040(b). 09 (c) The victims' advocate and the staff appointed by the victims' advocate are 10 in the exempt service under AS 39.25.110 and are not subject to the employment 11 policies under AS 24.10 or AS 24.20. 12 Sec. 24.65.080. Office facilities and administration. (a) Subject to 13 restrictions and limitations imposed by the executive director of the Legislative Affairs 14 Agency, the administrative facilities and services of the Legislative Affairs Agency, 15 including computer, data processing, and teleconference facilities, may be made 16 available to the victims' advocate to be used in the management of the office of 17 victims' rights and to carry out the purposes of this chapter. 18 (b) The salary and benefits of the victims' advocate and the permanent staff of 19 the victims' advocate shall be paid through the same procedures used for payment of 20 the salaries and benefits of other permanent legislative employees. 21 (c) The victims' advocate shall submit a budget for each fiscal year to the 22 Alaska Legislative Council, and the council shall annually submit an estimated budget 23 to the governor for information purposes in the preparation of the executive budget. 24 After reviewing and approving, with or without modifications, the budget submitted 25 by the victims' advocate, the council shall submit the approved budget to the finance 26 committees of the legislature. 27 Sec. 24.65.090. Procedure. (a) The victims' advocate shall, by regulations 28 adopted under AS 44.62 (Administrative Procedure Act), establish procedures for 29 advocacy on behalf of crime victims, receiving and processing complaints, conducting 30 investigations, reporting findings, and ensuring that confidential information obtained 31 by the victims' advocate in the course of advocacy on behalf of a crime victim or in
01 the course of an investigation will not be improperly disclosed. The victims' advocate 02 may establish procedures so that advocacy and investigations on behalf of crime 03 victims in felony cases take a priority over advocacy and investigations on behalf of 04 crime victims in misdemeanor cases. 05 (b) The office of victims' rights may not charge fees for the submission or 06 investigation of complaints. 07 Sec. 24.65.100. Jurisdiction; duties. (a) The victims' advocate has 08 jurisdiction to advocate on behalf of crime victims of felony offenses or class A 09 misdemeanors, if the class A misdemeanor is a crime involving domestic violence or a 10 crime against a person under AS 11.41, in the courts of the state and to investigate the 11 complaints of crime victims of felony offenses or class A misdemeanors, if the class A 12 misdemeanor is a crime involving domestic violence or a crime against a person under 13 AS 11.41, that they have been denied their rights under the constitution and the laws 14 of the state. In this subsection, "crime involving domestic violence" has the meaning 15 given in AS 18.66.990. 16 (b) The victims' advocate shall exercise reasonable care to 17 (1) ensure that the victims' advocate's exercise of jurisdiction granted 18 under this section does not interfere with an ongoing criminal investigation or with a 19 criminal prosecution; 20 (2) prevent employees of the office of victims' rights from making 21 extrajudicial statements that the victims' advocate is prohibited from making under the 22 Alaska Rules of Professional Conduct. 23 (c) The victims' advocate may not advise, counsel, or advocate on behalf of a 24 victim in a way that would 25 (1) prevent or discourage a victim from cooperating in a criminal 26 investigation; 27 (2) encourage a victim to withhold evidence in a criminal 28 investigation; or 29 (3) prevent or discourage a victim from testifying in a criminal 30 proceeding. 31 Sec. 24.65.110. Advocacy on behalf of crime victims; records. (a) The
01 victims' advocate shall assist crime victims in obtaining the rights crime victims are 02 guaranteed under the constitution and laws of the state with regard to the contacts 03 crime victims have with the justice agencies of the state. 04 (b) The victims' advocate may make the statement a crime victim is authorized 05 to make under art. I, sec. 24, Constitution of the State of Alaska, and AS 12.55.023, in 06 a court of the state when requested by the crime victim and when the crime victim 07 does not personally make a statement. 08 (c) When advocating on behalf of a crime victim in an ongoing criminal case 09 or juvenile adjudication, the victims' advocate is entitled to all information available to 10 the defendant or juvenile. 11 (d) Records obtained by the victims' advocate shall remain in the exclusive 12 custody of the victims' advocate. The victims' advocate may not disclose confidential 13 information to any person. 14 Sec. 24.65.120. Investigations. (a) The victims' advocate may investigate 15 complaints from crime victims that they have been denied the rights they are 16 guaranteed under the constitution and laws of this state. 17 (b) In an investigation, the victims' advocate may 18 (1) make inquiries and obtain information considered necessary; 19 (2) hold private hearings; and 20 (3) notwithstanding other provisions of law, have access at all times to 21 records of justice agencies, including court records of criminal prosecutions and 22 juvenile adjudications, necessary to ensure that the rights of crime victims are not 23 being denied; with regard to court and prosecution records, the victims' advocate is 24 entitled to obtain access to every record that the defendant is entitled to access or 25 receive. 26 (c) The victims' advocate shall maintain confidentiality with respect to all 27 matters and the identities of the complainants or witnesses coming before the victims' 28 advocate except insofar as disclosures may be necessary to enable the victims' 29 advocate to carry out duties and to support recommendations. However, the victims' 30 advocate may not disclose a confidential record obtained from a court or justice 31 agency.
01 Sec. 24.65.130. Powers. (a) Subject to the privileges that witnesses have in 02 the courts of this state, the victims' advocate may compel by subpoena, at a specified 03 time and place, the 04 (1) appearance and sworn testimony of a person who the victims' 05 advocate reasonably believes may be able to give information relating to a matter 06 under investigation under AS 24.65.120; and 07 (2) production by a person of a record or object that the victims' 08 advocate reasonably believes may relate to the matter under investigation under 09 AS 24.65.120. 10 (b) If a person refuses to comply with a subpoena issued under (a) of this 11 section, the superior court may, on application of the victims' advocate, compel 12 obedience by proceedings for contempt in the same manner as in the case of 13 disobedience to the requirements of a subpoena issued by the court or refusal to testify 14 in the court. 15 (c) This section does not authorize the victims' advocate to issue a subpoena to 16 (1) a justice, judge, magistrate, or a law clerk acting under the 17 direction of a justice, judge, or magistrate, concerning a judicial action or nonaction 18 taken by, or under the direction of, the justice, judge, or magistrate; 19 (2) a person acting under the direction of a justice, judge, or 20 magistrate, other than a law clerk, concerning a judicial action or nonaction taken by, 21 or under the direction of, a justice, judge, or magistrate except to establish the 22 occurrence or nonoccurrence of the action or nonaction or the person's own actions or 23 nonactions; this paragraph does not authorize the victims' advocate to inquire into the 24 decision-making or thought process of the justice, judge, or magistrate; 25 (3) a member of a jury concerning a matter that was considered by the 26 jury; or 27 (4) the person accused or convicted of committing the crime that is the 28 basis for the complaint, and investigation under AS 24.65.120, concerning a denial of 29 rights. 30 Sec. 24.65.140. Consultation. Before giving an opinion or recommendation 31 that is critical of a justice agency or person as a result of an investigation under
01 AS 24.65.120, the victims' advocate shall consult with that agency or person. The 02 victims' advocate may make a preliminary opinion or recommendation available to the 03 agency or person for review, but the preliminary opinion or recommendation is 04 confidential and may not be disclosed to the public by the agency or person. 05 Sec. 24.65.150. Procedure after investigation. (a) The victims' advocate 06 shall report the advocate's opinion and recommendations to a justice agency if the 07 victims' advocate finds, after investigation under AS 24.65.120, that the agency has 08 denied a crime victim rights the crime victim is guaranteed under the constitution and 09 laws of this state. 10 (b) The victims' advocate may request the justice agency to notify the victims' 11 advocate, within a specified time, of any action taken on the recommendations. 12 (c) The report provided under (a) of this section is confidential and may not be 13 disclosed to the public by the justice agency. The victims' advocate may disclose the 14 report under AS 24.65.160 only after providing notice that the investigation has been 15 concluded to the agency and after receiving the written approval of the complainant to 16 release the report. 17 Sec. 24.65.160. Publication of recommendations. Except as provided in 18 AS 24.65.150(c), within a reasonable amount of time after the victims' advocate 19 reports the advocate's opinion and recommendations to a justice agency, the victims' 20 advocate may present the opinion and recommendations to the governor, the 21 legislature, a grand jury, the public, or any of these. The victims' advocate shall 22 include with the opinion any reply made by the agency. 23 Sec. 24.65.170. Annual report. The victims' advocate shall make available to 24 the public an annual report of the victims' advocate's activities under this chapter and 25 notify the legislature that the report is available. 26 Sec. 24.65.180. Judicial review. A proceeding or decision of the victims' 27 advocate may be reviewed in superior court only to determine if it is contrary to the 28 provisions of this chapter. 29 Sec. 24.65.190. Immunity of the victims' advocate. A civil action may not 30 be brought against the victims' advocate or a member of the victims' advocate's staff 31 for anything done, said, or omitted in performing the victims' advocate's duties or
01 responsibilities under this chapter. 02 Sec. 24.65.200. Victims' advocate's privilege not to testify or produce 03 documents or other evidence. The victims' advocate and the staff of the victims' 04 advocate may not be compelled to testify or produce documents or other evidence in a 05 court regarding matters coming to their attention in the exercise or purported exercise 06 of their official duties except as may be necessary to enforce the provisions of this 07 chapter. 08 Sec. 24.65.210. Penalty. A person who knowingly hinders the lawful actions 09 of the victims' advocate or the staff of the victims' advocate, or who knowingly refuses 10 to comply with their lawful demands, is guilty of a misdemeanor and upon conviction 11 may be punished by a fine of not more than $1,000. In this section, "knowingly" has 12 the meaning given in AS 11.81.900. 13 Sec. 24.65.250. Definitions. In this chapter, 14 (1) "justice agency" means a department, office, institution, 15 corporation, authority, organization, commission, committee, council, court, or board 16 in the executive or judicial branches of the state government that is, in any manner, 17 involved with or responsible for the apprehension, prosecution, incarceration, or 18 supervision of criminal or juvenile offenders; it also includes an officer, employee, or 19 member of an agency acting or purporting to act in the exercise of official duties, 20 including the governor and lieutenant governor, when acting with regard to executive 21 clemency, judges, and magistrates; 22 (2) "victim" has the meaning given in AS 12.55.185. 23 * Sec. 7. AS 39.25.110 is amended by adding a new paragraph to read: 24 (34) the victims' advocate established under AS 24.65.010 and the 25 advocate's staff. 26 * Sec. 8. AS 39.27.022(d) is amended to read: 27 (d) This section applies to employees of the legislature only if the committee 28 responsible for adopting employment policies concerning the employee adopts a 29 written policy that the section applies. This section applies to the employees of the 30 office of the ombudsman only if the ombudsman adopts a policy that the section 31 applies. This section applies to the employees of the office of victims' rights only
01 if the victims' advocate adopts a policy that the section applies. 02 * Sec. 9. AS 39.35.385(f) is amended to read: 03 (f) Subject to AS 39.35.450, an employee is eligible for a normal retirement 04 benefit at age 60 or an early retirement benefit at age 55 if the employee was first 05 hired as a legislative employee before May 30, 1987, and has at least 60 days of 06 credited service as an employee of the legislature, other than as an employee of the 07 Office of the Ombudsman or the office of victims' rights, during each of five 08 legislative sessions. An employee who was first hired as a legislative employee on or 09 after May 30, 1987, and is otherwise eligible under this subsection must have at least 10 80 days of credited service during each of five legislative sessions to receive benefits 11 under this subsection. 12 * Sec. 10. AS 43.23.005(d) is amended to read: 13 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 14 not eligible for a permanent fund dividend for a dividend year when 15 (1) during the qualifying year, the individual was sentenced as a result 16 of conviction in this state of a felony; 17 (2) during all or part of the qualifying year, the individual was 18 incarcerated as a result of the conviction in this state of a 19 (A) felony; or 20 (B) misdemeanor if the individual has been convicted of 21 (i) a prior felony as defined in AS 11.81.900; or 22 (ii) two or more prior misdemeanors [CRIMES] as 23 defined in AS 11.81.900. 24 * Sec. 11. AS 43.23.028 is amended to read: 25 Sec. 43.23.028. Public notice. (a) By October 1 of each year, the 26 commissioner shall give public notice of the value of each permanent fund dividend 27 for that year and notice of the information required to be disclosed under (3) of this 28 subsection. In addition, the stub attached to each individual dividend check and direct 29 deposit advice must 30 (1) disclose the amount of each dividend attributable to income earned 31 by the permanent fund from deposits to that fund required under art. IX, sec. 15,
01 Constitution of the State of Alaska; 02 (2) disclose the amount of each dividend attributable to income earned 03 by the permanent fund from appropriations to that fund and from amounts added to 04 that fund to offset the effects of inflation; 05 (3) disclose the amount by which each dividend has been reduced due 06 to each appropriation from the dividend fund, including amounts to pay the costs of 07 administering the dividend program and the hold harmless provisions of 08 AS 43.23.075; 09 (4) include a statement that an individual is not eligible for a dividend 10 when 11 (A) during the qualifying year, the individual was convicted of 12 a felony; 13 (B) during all or part of the qualifying year, the individual was 14 incarcerated as a result of the conviction of a 15 (i) felony; or 16 (ii) misdemeanor if the individual has been convicted of 17 a prior felony or two or more prior misdemeanors [CRIMES]; 18 (5) include a statement that the legislative purpose for making 19 individuals listed under (4) of this subsection ineligible is to 20 (A) obtain reimbursement for some of the costs imposed on the 21 state criminal justice system related to incarceration or probation of those 22 individuals; 23 (B) provide funds for services for and payments to crime 24 victims and for grants for the operation of domestic violence and sexual assault 25 programs; 26 (6) disclose the total amount that would have been paid during the 27 previous fiscal year to individuals who were ineligible to receive dividends under 28 AS 43.23.005(d) if they had been eligible; 29 (7) disclose the total amount appropriated for the current fiscal year 30 under (b) of this section for each of the funds and agencies listed in (b) of this section. 31 (b) To the extent that amounts appropriated for a fiscal year do not exceed the
01 total amount that would have been paid during the previous fiscal year to individuals 02 who were ineligible to receive dividends under AS 43.23.005(d) if they had been 03 eligible, the notice requirements of (a)(3) of this section do not apply to appropriations 04 from the dividend fund to [THE] 05 (1) the crime victim compensation fund established under 06 AS 18.67.162 for payments to crime victims; 07 (2) the council on domestic violence and sexual assault established 08 under AS 18.66.010 for grants for the operation of domestic violence and sexual 09 assault programs; [OR] 10 (3) the Department of Corrections for incarceration and probation 11 programs; 12 (4) the office of victims' rights; or 13 (5) nonprofit victims' rights organizations for grants for services to 14 crime victims. 15 * Sec. 12. AS 44.62.040(c) is amended to read: 16 (c) Before submitting the regulations and orders of repeal to the lieutenant 17 governor under (a) of this section, every state agency that by statute possesses 18 regulation making authority, except boards and commissions, the office of victims' 19 rights, and the office of the ombudsman, shall submit to the governor for review a 20 copy of every regulation or order of repeal adopted by the agency, except regulations 21 and orders of repeal identified in (a)(1) - (2) of this section. The governor may review 22 the regulations and orders of repeal received under this subsection. The governor may 23 return the regulations and orders of repeal to the adopting agency before they are 24 submitted to the lieutenant governor for filing under (a) of this section [,] (1) if they 25 are inconsistent with the faithful execution of the laws, or (2) to enable the adopting 26 agency to respond to specific issues raised by the Administrative Regulation Review 27 Committee. The governor may not delegate the governor's review authority under this 28 subsection to a person other than the lieutenant governor. 29 * Sec. 13. AS 44.62.215 is amended to read: 30 Sec. 44.62.215. Record of public comment. In the drafting, review, or other 31 preparation of a proposed regulation, amendment, or order of repeal, an agency, other
01 than a board or commission, the office of victims' rights, and the office of the 02 ombudsman, shall keep a record of its use or rejection of factual or other substantive 03 information that is submitted in writing as public comment and that is relevant to the 04 accuracy, coverage, or other aspect of the proposed regulatory action. 05 * Sec. 14. AS 44.66.050(c) is amended to read: 06 (c) A determination as to whether a board or commission or agency program 07 has demonstrated a public need for its continued existence must take into 08 consideration the following factors: 09 (1) the extent to which the board, commission, or program has 10 operated in the public interest; 11 (2) the extent to which the operation of the board, commission, or 12 agency program has been impeded or enhanced by existing statutes, procedures, and 13 practices that it has adopted, and any other matter, including budgetary, resource, and 14 personnel matters; 15 (3) the extent to which the board, commission, or agency has 16 recommended statutory changes that are generally of benefit to the public interest; 17 (4) the extent to which the board, commission, or agency has 18 encouraged interested persons to report to it concerning the effect of its regulations 19 and decisions on the effectiveness of service, economy of service, and availability of 20 service that it has provided; 21 (5) the extent to which the board, commission, or agency has 22 encouraged public participation in the making of its regulations and decisions; 23 (6) the efficiency with which public inquiries or complaints regarding 24 the activities of the board, commission, or agency filed with it, with the department to 25 which a board or commission is administratively assigned, or with the office of 26 victims' rights or the office of the ombudsman have been processed and resolved; 27 (7) the extent to which a board or commission that regulates entry into 28 an occupation or profession has presented qualified applicants to serve the public; 29 (8) the extent to which state personnel practices, including affirmative 30 action requirements, have been complied with by the board, commission, or agency to 31 its own activities and the area of activity or interest; and
01 (9) the extent to which statutory, regulatory, budgeting, or other 02 changes are necessary to enable the agency, board, or commission to better serve the 03 interests of the public and to comply with the factors enumerated in this subsection. 04 * Sec. 15. AS 44.99.240(2) is amended to read: 05 (2) "state agency" means 06 (A) a department, institution, board, commission, division, 07 authority, public corporation, or other administrative unit of the executive 08 branch, including the University of Alaska and the Alaska Railroad 09 Corporation; 10 (B) a committee, division, or administrative unit of the 11 legislative branch, including the Alaska Legislative Council, the leadership of 12 each house, the office of victims' rights, and the office of the ombudsman; 13 (C) an administrative unit of the judicial branch, including the 14 Alaska Judicial Council and the Commission on Judicial Conduct. 15 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 INDIRECT COURT RULE AMENDMENT. AS 12.61.200, added by sec. 3 of this 18 Act, has the effect of amending Rule 30, Alaska Rules of Criminal Procedure, relating to 19 instructions to the jury. 20 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 INDIRECT COURT RULE AMENDMENT. AS 24.65.110 and 24.65.120, added by 23 sec. 6 of this Act, have the effect of amending Rule 16, Alaska Rules of Criminal Procedure, 24 and Rule 9, Alaska Delinquency Rules, by allowing the victims' advocate a right of access to 25 information in criminal prosecutions and juvenile adjudications that is equal to that available 26 to criminal defendants or juveniles when the advocate is engaging in advocacy or that is 27 unlimited when the advocate is engaging in investigations concerning victims' rights. 28 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 INDIRECT COURT RULE AMENDMENT. AS 24.65.200, added by sec. 6 of this 31 Act, amends Rule 501, Alaska Rules of Evidence, by creating a new privilege from being
01 compelled to testify in a court. 02 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. AS 12.61.200, added by sec. 3 of this Act, is not intended to 05 interfere with any constitutional rights and applies only to the extent permitted by the United 06 States Constitution and the Constitution of the State of Alaska. 07 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION. Notwithstanding the effective date of secs. 1 - 9 and 12 - 19 of this 10 Act, to the extent that there are appropriations for the purpose, the executive director of the 11 Legislative Affairs Agency may purchase supplies and equipment, obtain office space, and 12 employ clerical staff so that the office of victims' rights, created in sec. 6 of this Act, is able to 13 begin work on July 1, 2002. 14 * Sec. 21. Sections 10, 11, and 20 of this Act take effect immediately under 15 AS 01.10.070(c). 16 * Sec. 22. Sections 1 - 9 and 12 - 19 of this Act take effect July 1, 2002.