Enrolled HB 54: Relating to bail review; relating to petitions for review by crime victims where the defendant has received a sentence below the sentencing range for the crime; relating to the qualifications of certain members of the Violent Crimes Compensation Board; 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.
00Enrolled HB 54 01 Relating to bail review; relating to petitions for review by crime victims where the defendant 02 has received a sentence below the sentencing range for the crime; relating to the qualifications 03 of certain members of the Violent Crimes Compensation Board; relating to the introduction of 04 the victim and the defendant or minor to the jury; amending Rule 27, Alaska Rules of 05 Criminal Procedures, and Rule 21, Alaska Delinquency Rules; and providing for an effective 06 date. 07 _______________ 08 * Section 1. AS 12.30.020 is amended by adding a new subsection to read: 09 (j) If a person remains in custody after review of conditions by a judicial 10 officer under (f) of this section, a subsequent review of conditions may be held at the 11 request of the person. Unless the prosecuting authority stipulates otherwise, a judicial 12 officer may not schedule a bail review hearing under this subsection unless 13 (1) the person provides to the court and the prosecuting authority a
01 written statement that information not considered at the previous review will be 02 presented and includes a description of the new information; 03 (2) the prosecuting authority has at least 48 hours' notice before the 04 time set for the review requested under this subsection; and 05 (3) at least 48 hours have elapsed between the previous review and the 06 time set for the review requested under this subsection. 07 * Sec. 2. AS 12.30.030(a) is amended to read: 08 (a) A person who remains in custody after a review provided for in 09 AS 12.30.020(f) or (j) may move the court having original jurisdiction over the 10 offense to amend the order. The motion shall be determined promptly. 11 * Sec. 3. AS 12.45 is amended by adding a new section to article 1 to read: 12 Sec. 12.45.015. Introduction of victim and defendant to jury. (a) During 13 jury selection or as part of an opening statement at trial, the prosecuting attorney may 14 introduce the victim to the jury, and the attorney for the defendant may introduce the 15 defendant to the jury. 16 (b) In this section, "victim" has the meaning given in AS 12.55.185. 17 * Sec. 4. AS 12.55.120 is amended by adding a new subsection to read: 18 (e) The victim of the crime for which a defendant has been convicted and 19 sentenced may file a petition for review in an appellate court of a sentence that is 20 below the sentencing range for the crime. 21 * Sec. 5. AS 18.67.020(a) is amended to read: 22 (a) There is the Violent Crimes Compensation Board in the Department of 23 Administration composed of three members to be appointed by the governor. One of 24 the members shall be designated as chair [CHAIRMAN] by the governor. At least 25 one member must be a medical or osteopathic physician licensed to practice in this 26 state or holding a retired status license in this state and one member must be an 27 attorney licensed to practice in this state or retired from practice in this state. 28 * Sec. 6. AS 47.12.110 is amended by adding a new subsection to read: 29 (f) During jury selection or as part of an opening statement at the hearing, the 30 attorney representing the department may introduce the victim to the jury, and the 31 attorney for the minor may introduce the minor to the jury.
01 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 INDIRECT COURT RULE AMENDMENT. Section 3 of this Act has the effect of 04 amending Rule 27, Alaska Rules of Criminal Procedure, by changing the order of proceedings 05 of a trial before a jury. 06 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 INDIRECT COURT RULE AMENDMENT. Section 6 of this Act has the effect of 09 amending Rule 21, Alaska Delinquency Rules, by allowing the introduction of the victim and 10 the minor at an adjudication hearing. 11 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 CONDITIONAL EFFECT. AS 12.45.015, added by sec. 3 of this Act, takes effect 14 only if sec. 7 of this Act receives the two-thirds majority vote of each house required by art. 15 IV, sec. 15, Constitution of the State of Alaska. 16 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 CONDITIONAL EFFECT. AS 47.12.110(f), added by sec. 6 of this Act, takes effect 19 only if sec. 8 of this Act receives the two-thirds majority vote of each house required by art. 20 IV, sec. 15, Constitution of the State of Alaska. 21 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).