SB 135: "An Act relating to the rights of crime victims; relating to the duties of prosecuting attorneys; and amending Rule 45, Alaska Rules of Criminal Procedure."
00 SENATE BILL NO. 135 01 "An Act relating to the rights of crime victims; relating to the duties of prosecuting 02 attorneys; and amending Rule 45, Alaska Rules of Criminal Procedure." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.61.010(a) is amended to read: 05 (a) Victims of crimes have the following rights: 06 (1) the right to be present during any proceeding in 07 (A) the prosecution and sentencing of a defendant if the 08 defendant has the right to be present, including being present during testimony 09 even if the victim is likely to be called as a witness; 10 (B) the adjudication of a minor as provided under 11 AS 47.12.110; 12 (2) the right to be notified by the appropriate law enforcement agency 13 or the prosecuting attorney of any request for a continuance that may substantially 14 delay the prosecution and of the date of trial, sentencing, including a proceeding
01 before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 02 the defendant's release from custody is considered; 03 (3) the right to be notified that a sentencing hearing or a court 04 proceeding to which the victim has been subpoenaed will not occur as scheduled; 05 (4) the right to receive protection from harm and threats of harm 06 arising out of cooperation with law enforcement and prosecution efforts and to be 07 provided with information as to the protection available; 08 (5) the right to be notified of the procedure to be followed to apply for 09 and receive any compensation under AS 18.67; 10 (6) at the request of the prosecution or a law enforcement agency, the 11 right to cooperate with the criminal justice process without loss of pay and other 12 employee benefits except as authorized by AS 12.61.017 and without interference in 13 any form by the employer of the victim of crime; 14 (7) the right to obtain access to immediate medical assistance and not 15 to be detained for an unreasonable length of time by a law enforcement agency before 16 having medical assistance administered; however, an employee of the law 17 enforcement agency may, if necessary, accompany the person to a medical facility to 18 question the person about the criminal incident if the questioning does not hinder the 19 administration of medical assistance; 20 (8) the right to make a written or oral statement for use in preparation 21 of the presentence report of a felony defendant; 22 (9) the right to appear personally at the defendant's sentencing hearing 23 to present a written statement and to give sworn testimony or an unsworn oral 24 presentation; 25 (10) the right to be informed by the prosecuting attorney, at any time 26 after the defendant's conviction, about the complete record of the defendant's 27 convictions; 28 (11) the right to notice under AS 12.47.095 concerning the status of the 29 defendant found not guilty by reason of insanity; 30 (12) the right to notice under AS 33.16.087 of a hearing concerning 31 special medical parole of the defendant;
01 (13) the right to notice under AS 33.16.120 of a hearing to consider or 02 review discretionary parole of the defendant; 03 (14) the right to notice under AS 33.30.013 of the release or escape of 04 the defendant; and 05 (15) the right to be notified orally and in writing of and receive 06 information about the office of victims' rights from the law enforcement officer 07 initially investigating the crime and from the prosecuting attorney assigned to the 08 offense; at a minimum, the information provided must include the address, telephone 09 number, and Internet address of the office of victims' rights; this paragraph 10 (A) applies only to victims of felonies and to victims of class A 11 misdemeanors if the class A misdemeanor is a crime involving domestic 12 violence or a crime against a person under AS 11.41; if the victim is an 13 unemancipated minor, the law enforcement officer and the prosecuting 14 attorney shall also provide the notice required by this paragraph to the parent 15 or guardian of the minor; 16 (B) is satisfied if, at the time of initial contact with the crime 17 victim, the investigating officer and prosecuting attorney each give each crime 18 victim a brochure or other written material prepared by the office of victims' 19 rights and provided to law enforcement agencies for that purpose. 20 * Sec. 2. AS 12.61.015(a) is amended to read: 21 (a) If a victim of a felony or a crime involving domestic violence requests, the 22 prosecuting attorney shall make a reasonable effort to 23 (1) confer with the person against whom the offense has been 24 perpetrated about that person's testimony before the defendant's trial; 25 (2) in a manner reasonably calculated to give prompt actual notice, 26 notify the victim 27 (A) of the defendant's conviction and the crimes of which the 28 defendant was convicted; 29 (B) of the victim's right in a case that is a felony to make a 30 written or oral statement for use in preparation of the defendant's presentence 31 report, and of the victim's right to appear personally at the defendant's
01 sentencing hearing to present a written statement and to give sworn testimony 02 or an unsworn oral presentation; 03 (C) of the address and telephone number of the office that will 04 prepare the presentence report; and 05 (D) of the time and place of the sentencing proceeding; 06 (3) notify the victim in writing of the final disposition of the case 07 within 30 days after final disposition of the case; 08 (4) confer with the victim of a crime involving domestic violence 09 concerning a proposed plea agreement before entering into an agreement; 10 (5) inform the victim of a pending motion that may substantially 11 delay the prosecution and inform the court of the victim's position on the motion. 12 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 DIRECT COURT RULE AMENDMENT. Rule 45(d)(2), Alaska Rules of 15 Criminal Procedure, is amended to read: 16 (2) The period of delay resulting from an adjournment or continuance 17 granted at the timely request or with the consent of the defendant and the defendant's 18 counsel. The court shall grant such a continuance only if it is satisfied that the 19 postponement is in the interest of justice, taking into account the public interest in the 20 prompt disposition of criminal offenses, and only after consideration of the 21 interests of the crime victim, as provided in (h) of this rule. A defendant without 22 counsel shall not be deemed to have consented to a continuance unless the defendant 23 has been advised by the court of the right to a speedy trial under this rule and of the 24 effect of consent. 25 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 DIRECT COURT RULE AMENDMENT. Rule 45, Alaska Rules of Criminal 28 Procedure, is amended by adding a new subsection to read: 29 (h) Victim's Interest in Ruling on Motion to Continue. Before ruling on a 30 motion for a continuance in a case involving a victim, as defined in AS 12.55.185, the 31 court shall consider the victim's position on the motion to continue and the effect of a
01 continuance on the victim.