CSHB 54(JUD): "An Act relating to bail review; relating to the introduction of the victim and the defendant or minor to the jury; amending Rule 27, Alaska Rules of Criminal Procedures, and Rule 21, Alaska Delinquency Rules; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 54(JUD) 01 "An Act relating to bail review; relating to the introduction of the victim and the 02 defendant or minor to the jury; amending Rule 27, Alaska Rules of Criminal 03 Procedures, and Rule 21, Alaska Delinquency Rules; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.30.020 is amended by adding a new subsection to read: 07 (j) If a person remains in custody after review of conditions by a judicial 08 officer under (f) of this section, a subsequent review of conditions may be held at the 09 request of the person. Unless the prosecuting authority stipulates otherwise, a judicial 10 officer may not schedule a bail review hearing under this subsection unless 11 (1) the person provides to the court and the prosecuting authority a 12 written statement that information not considered at the previous review will be 13 presented, and includes a description of the new information; 14 (2) the prosecuting authority has at least 48 hours' notice before the
01 time set for the review requested under this subsection; and 02 (3) at least 48 hours have elapsed between the previous review and the 03 time set for the review requested under this subsection. 04 * Sec. 2. AS 12.30.030(a) is amended to read: 05 (a) A person who remains in custody after a review provided for in 06 AS 12.30.020(f) or (j) may move the court having original jurisdiction over the 07 offense to amend the order. The motion shall be determined promptly. 08 * Sec. 3. AS 12.45 is amended by adding a new section to article 1 to read: 09 Sec. 12.45.015. Introduction of victim and defendant to jury. (a) During 10 jury selection or as part of an opening statement at trial, the prosecuting attorney may 11 introduce the victim to the jury, and the attorney for the defendant may introduce the 12 defendant to the jury. 13 (b) In this section, "victim" has the meaning given in AS 12.55.185. 14 * Sec. 4. AS 47.12.110 is amended by adding a new subsection to read: 15 (f) During jury selection or as part of an opening statement at the hearing, the 16 attorney representing the department may introduce the victim to the jury, and the 17 attorney for the minor may introduce the minor to the jury. 18 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 INDIRECT COURT RULE AMENDMENT. Section 3 of this Act has the effect of 21 amending Rule 27, Alaska Rules of Criminal Procedure, by changing the order of proceedings 22 of a trial before a jury. 23 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 INDIRECT COURT RULE AMENDMENT. Section 4 of this Act has the effect of 26 amending Rule 21, Alaska Delinquency Rules, by allowing the introduction of the victim and 27 the minor at an adjudication hearing. 28 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 CONDITIONAL EFFECT. AS 12.45.015, added by sec. 3 of this Act, takes effect 31 only if sec. 5 of this Act receives the two-thirds majority vote of each house required by art.
01 IV, sec. 15, Constitution of the State of Alaska. 02 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 CONDITIONAL EFFECT. AS 47.12.110(f), added by sec. 4 of this Act, takes effect 05 only if sec. 6 of this Act receives the two-thirds majority vote of each house required by art. 06 IV, sec. 15, Constitution of the State of Alaska. 07 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).