HB 55: "An Act relating to the rights of victims of crime; and amending Rules 12 and 42, Alaska Rules of Criminal Procedure, Rules 204, 205, 210, 212, 213, 217, 508, and 513.5, Alaska Rules of Appellate Procedure, and Rule 9, Alaska Rules of Administration."
00 HOUSE BILL NO. 55 01 "An Act relating to the rights of victims of crime; and amending Rules 12 and 42, 02 Alaska Rules of Criminal Procedure, Rules 204, 205, 210, 212, 213, 217, 508, and 513.5, 03 Alaska Rules of Appellate Procedure, and Rule 9, Alaska Rules of Administration." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 INTENT. It is the intent of the legislature to 08 (1) clarify that victims of crime may seek enforcement of rights granted to 09 victims by regulation, statute, or constitutional provision in the trial and appellate courts of 10 the state; 11 (2) protect and advance the rights of victims of crime by allowing victims to 12 petition trial courts of the state for relief relating to violations or incomplete implementation 13 of rights granted to victims; 14 (3) promote the rights of victims of crime by allowing victims to seek
01 appellate review of the decisions of trial courts concerning relief sought by victims in relation 02 to the rights of victims. 03 * Sec. 2. AS 12.61.010(b) is amended to read: 04 (b) Law enforcement agencies, prosecutors, corrections agencies, social 05 services agencies, and the courts shall make every reasonable effort to ensure that 06 victims of crimes have the rights set out in (a) of this section. However, a failure to 07 ensure these rights does not give rise to a separate cause of action against law 08 enforcement agencies, other agencies of the state, or a political subdivision of the state 09 except as provided in AS 12.61.013. 10 * Sec. 3. AS 12.61 is amended by adding a new section to read: 11 Sec. 12.61.013. Judicial enforcement of rights of crime victims. (a) A 12 victim may file a petition in the district or superior court in which a criminal 13 proceeding related to an offense perpetrated against the victim is taking place for an 14 order restraining violation or compelling implementation of rights granted to victims 15 by regulation, statute, or constitutional provision. The petition must include the 16 following: 17 (1) a statement that the petitioner is a victim of a crime; 18 (2) a statement identifying where the offense perpetrated against the 19 victim occurred; 20 (3) a description of the right that is being violated or is not being 21 implemented; 22 (4) a description of the violation of or failure to implement the right; 23 and 24 (5) a statement of the specific relief requested of the court. 25 (b) The court shall expeditiously schedule proceedings relating to the petition 26 that are appropriate for proper resolution of the issues raised, including a hearing, if 27 necessary, and shall grant or deny the relief requested in the petition and order other 28 relief the court considers appropriate not later than the fifth day after the petition is 29 filed. The court shall keep a record of all proceedings relating to the petition. 30 (c) The decision of the court may be appealed to the court of appeals. If the 31 court denies all or part of the relief requested in the petition, the court shall
01 immediately notify the victim that there is a right to appeal. 02 (d) If a notice of appeal authorized by this section is filed, the court shall 03 deliver a copy of the notice of appeal and the record on appeal to the court of appeals 04 not later than four days after the notice of appeal is filed. Upon receipt of the notice of 05 appeal, the clerk of the appellate court shall place the appeal on the docket and 06 immediately notify the appellant and all appellees. The appellant shall file a brief not 07 later than five days after the appeal is docketed, an appellee may file an opposition 08 brief not later than nine days after the appeal is docketed, and the appellant may file a 09 reply brief not later than 11 days after the appeal is docketed. Unless the appellant 10 waives the right to oral argument, the court of appeals shall hear oral argument not 11 later than 14 days after the appeal is docketed. The court of appeals shall enter 12 judgment in the appeal immediately after the oral argument or, if oral argument has 13 been waived, within 14 days after the appeal is docketed. In the interest of justice, the 14 court of appeals, in an appeal under this subsection, shall liberally modify or dispense 15 with the formal requirements that normally apply as to the contents and form of briefs 16 and other documents filed in the appeal and may shorten or extend the maximum 17 times set out in this subsection. 18 (e) The supreme court shall prescribe petition and notice of appeal forms that 19 may be used by a victim filing a petition or appeal under this section. The clerk of the 20 superior court shall furnish blank copies of the forms, without charge, to any person 21 who requests them. 22 (f) A filing fee may not be required of, and court costs or attorney fees may 23 not be allowed against, a victim filing a petition or seeking appellate review under this 24 section. 25 (g) Blank copies of the forms prescribed under (e) of this section and 26 information on the proper procedures for filing a petition or appeal shall be made 27 available by the court system at the official location of each superior court, district 28 court, and magistrate in the state. The information required under this subsection must 29 also include notification to the victim that 30 (1) there is not a filing fee required for either form; and 31 (2) court costs or attorney fees will not be assessed against the victim
01 for procedures under this section. 02 (h) A victim may seek review of a final decision of the court of appeals 03 concerning the victim's appeal under this section in accordance with AS 22.07.030. In 04 this subsection, "final decision" has the meaning given in AS 22.07.030. 05 (i) In this section, the term "an offense" shall be interpreted consistently with 06 the term "an offense" in AS 12.55.185(17)(A). 07 * Sec. 4. AS 22.07.020(a) is amended to read: 08 (a) The court of appeals has appellate jurisdiction in actions and proceedings 09 commenced in the superior court involving 10 (1) criminal prosecution; 11 (2) post-conviction relief; 12 (3) matters under AS 47.12, including waiver of jurisdiction over a 13 minor under AS 47.12.100; 14 (4) extradition; 15 (5) habeas corpus; 16 (6) probation and parole; and 17 (7) bail; and 18 (8) matters under AS 12.61.013. 19 * Sec. 5. AS 22.07.020(c) is amended to read: 20 (c) The court of appeals has jurisdiction to review (1) a final decision of the 21 district court in an action or proceeding involving criminal prosecution, post- 22 conviction relief, extradition, probation and parole, habeas corpus, [OR] bail, or 23 matters under AS 12.61.013; and (2) the final decision of the district court on a 24 sentence imposed by it if the sentence exceeds 120 days of unsuspended incarceration 25 for a misdemeanor offense. In this subsection, "final decision" means a decision or 26 order, other than dismissal by consent of all parties, that closes a matter in the district 27 court. 28 * Sec. 6. AS 22.07.030 is amended to read: 29 Sec. 22.07.030. Review by supreme court. A party may apply to the 30 supreme court for review of a final decision of the court of appeals in accordance with 31 AS 22.05.010 and rules adopted by the supreme court. Review is in the discretion of
01 the supreme court as set out in AS 22.05.010(d). In this section, 02 (1) "final decision" means a decision or order, other than a dismissal 03 by consent of all parties, that closes a matter in the court of appeals; 04 (2) "party" includes a person seeking review of a final decision of 05 the court of appeals concerning a matter under AS 12.61.013. 06 * Sec. 7. AS 22.15.060(a)is amended to read: 07 (a) The district court has jurisdiction 08 (1) of the following crimes and of matters related to a petition filed 09 under AS 12.61.013 in connection with the crime: 10 (A) a misdemeanor, unless otherwise provided in this chapter; 11 (B) a violation of an ordinance of a political subdivision; 12 (C) a violation of AS 04.16.050 or AS 11.76.105; 13 (2) to provide post-conviction relief under the Alaska Rules of 14 Criminal Procedure, if the conviction occurred in the district court. 15 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 DIRECT COURT RULE AMENDMENT. Rule 205, Alaska Rules of 18 Appellate Procedure, is amended to read: 19 Rule 205. Stays Pending Appeal in Civil Cases and Cases Involving 20 Petitions Under AS 12.61.013. In a civil case, the supreme court or a justice thereof, 21 or, in a case involving a petition under AS 12.61.013, the court of appeals or a 22 judge thereof, may stay the enforcement or effect of the judgment or final decision 23 on a petition appealed from or the proceedings in the trial court upon such terms as to 24 bond or other matters as may be proper. A motion for a stay will normally not be 25 considered by the supreme court or court of appeals unless application has previously 26 been made to the trial court and has been denied, or has been granted on conditions 27 other than those requested. 28 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 INDIRECT COURT RULE AMENDMENT. AS 12.61.013(a) and (b), added by sec. 31 3 of this Act, have the effect of amending Rules 12 and 42, Alaska Rules of Criminal
01 Procedure, by amending the method by which certain determinations by the court may be 02 sought and the time for making those determinations and by amending the method by which 03 certain applications to the court may be made and the time for resolving those applications. 04 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 INDIRECT COURT RULE AMENDMENT. AS 12.61.013(d), added by sec. 3 of 07 this Act, has the effect of amending Rules 204, 210, 212, 213, 217, and 513.5, Alaska Rules 08 of Appellate Procedure, by setting specific time limits and procedures applicable to certain 09 appeals, by permitting the court of appeals to shorten or extend certain time limits, and by 10 instructing the court of appeals to modify or dispense with formal requirements applicable to 11 certain briefs. 12 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 INDIRECT COURT RULE AMENDMENT. AS 12.61.013(f), added by sec. 3 of this 15 Act, has the effect of amending Rule 9, Alaska Rules of Administration, and Rule 508, Alaska 16 Rules of Appellate Procedure, by prohibiting certain fees, allowance of courts costs, and 17 allowance of attorney fees in certain cases. 18 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 CONDITIONAL EFFECT. Sections 1 - 7 of this Act take effect only if secs. 8 - 11 of 21 this Act receive the two-thirds vote of each house required by art. IV, sec. 15, Constitution of 22 the State of Alaska.