SB 187: "An Act relating to the crime of endangering the welfare of a child in the second degree; relating to the crime of misconduct involving confidential information in the first degree; amending Rule 16(d)(3), Alaska Rules of Criminal Procedure; and providing for an effective date."
00 SENATE BILL NO. 187 01 "An Act relating to the crime of endangering the welfare of a child in the second degree; 02 relating to the crime of misconduct involving confidential information in the first 03 degree; amending Rule 16(d)(3), Alaska Rules of Criminal Procedure; and providing for 04 an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.51.110(a) is amended to read: 07 (a) A person commits the offense of endangering the welfare of a child in the 08 second degree if the person [,] 09 (1) while caring for a child under 10 years of age, 10 (A) [(1)] causes or allows the child to enter or remain in a 11 dwelling or vehicle in which a controlled substance is stored in violation of 12 AS 11.71; or 13 (B) [(2)] is impaired by an intoxicant, whether or not 14 prescribed for the person under AS 17.30, and there is no third person who is at
01 least 12 years of age and not impaired by an intoxicant present to care for the 02 child; or 03 (2) knowingly engages in conduct that violates AS 11.41.100 - 04 11.41.220, 11.41.230(a)(1), 11.41.230(a)(2), 11.41.410 - 11.41.432, or 11.41.450 05 against another person who is a household member of the person with reckless 06 disregard that the conduct is in the physical presence or hearing of a child under 07 16 years of age who is a household member of either person. 08 * Sec. 2. AS 11.51.110(b) is amended by adding a new paragraph to read: 09 (3) "household member" has the meaning given in AS 18.66.990. 10 * Sec. 3. AS 11.51.110(c) is amended to read: 11 (c) Endangering the welfare of a child in the second degree under (a)(1) of 12 this section is a violation. 13 * Sec. 4. AS 11.51.110 is amended by adding a new subsection to read: 14 (d) Endangering the welfare of a child in the second degree under (a)(2) of this 15 section is a class A misdemeanor. 16 * Sec. 5. AS 11.76.113(a) is amended to read: 17 (a) A person commits the crime of misconduct involving confidential 18 information in the first degree if the person 19 (1) violates AS 11.76.115 and obtains the confidential information 20 with the intent to 21 (A) [(1)] use the confidential information to commit a crime; or 22 (B) [(2)] obtain a benefit to which the person is not entitled, to 23 injure another person, or to deprive another person of a benefit; or 24 (2) publishes or distributes an audio or video recording of an 25 interview of a child for a criminal or child protection investigation, or records of 26 a medical examination of a victim or minor conducted for the purpose of the 27 investigation of an offense under AS 11.41.410 - 11.41.440, 11.41.450, or a child 28 protection investigation, including photographs taken during the examination; 29 this paragraph does not apply to a person who publishes or distributes a 30 recording, record, or image as permitted or directed under 31 (A) a court order;
01 (B) a rule of court; or 02 (C) a federal or state law requiring the publication or 03 distribution. 04 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 DIRECT COURT RULE AMENDMENT. Rule 16(d)(3), Alaska Rules of 07 Criminal Procedure, is amended to read 08 (3) Materials to Remain in Custody of Attorney. 09 (A) Materials furnished to an attorney pursuant to these rules 10 shall be used only for the purpose of conducting the case. The following 11 materials must remain in the custody of the defense attorney, the attorney's 12 staff, investigators, experts, and others as necessary for the preparation of the 13 defendant's case, and shall be subject to other terms and conditions that the 14 court may provide. The materials listed in this paragraph shall not be provided 15 to the defendant, but the information in the materials may be shared with the 16 defendant to the extent necessary to prepare the defense of the case: 17 (i) a criminal history record of a victim or witness; 18 (ii) a medical, psychiatric, psychological, or counseling 19 record of a victim or witness; 20 (iii) an adoption record; 21 (iv) a record that is confidential under AS 47.12.300 or 22 a similar law in another jurisdiction; 23 (v) a report of a presentence investigation of a victim or 24 witness prepared pursuant to Criminal Rule 32.1 or a similar law in 25 another jurisdiction; 26 (vi) a record of the Department of Corrections other 27 than the defendant's own file and any other incident report relating to 28 the crime with which the defendant is charged; [AND] 29 (vii) any other record that the court orders be kept in the 30 exclusive custody of the attorney; 31 (viii) in a prosecution under AS 11.41.410 - 11.41.440
01 or 11.41.450, an audio or video interview of a victim; and 02 (ix) in a prosecution under AS 11.41.410 - 11.41.440 03 or 11.41.450, photographs taken during a medical examination of a 04 victim. 05 (B) An attorney shall not disclose to a defendant the residence 06 or business address or telephone number of a victim or witness, obtained from 07 information provided under this rule, even if the defendant is acting as co- 08 counsel. If the address and telephone numbers of all victims and witnesses 09 have been obliterated, materials that had contained the address or telephone 10 number of a victim or witness may be provided to a defendant proceeding 11 without counsel only as allowed by AS 12.61.120. 12 (C) Notwithstanding a defendant's status as co-counsel, 13 materials covered by subsection (d)(3)(A) shall remain in the custody of the 14 defendant's attorney, the attorney's staff, investigators, experts, and others as 15 necessary for the preparation of the defendant's case, and shall be subject to 16 other terms and conditions that the court may provide. 17 (D) If a defendant is proceeding without counsel, materials 18 covered by subsection (d)(3)(A) may be provided to the defendant. If materials 19 are provided to an unrepresented defendant under this paragraph, the court 20 shall order that the materials remain in the defendant's exclusive custody, be 21 used only for purposes of conducting the case, and be subject to other terms, 22 conditions, and restrictions that the court may provide. Upon a showing of 23 good cause, the court may impose specific terms, conditions, or restrictions 24 concerning inspection of the materials by other persons involved in the 25 preparation of the case, such as staff, investigators, experts, witnesses, or 26 others. The court shall also inform the defendant and such other persons 27 involved in the preparation of the case that violation of an order issued under 28 this paragraph is punishable as a contempt of court and may also constitute a 29 criminal offense. 30 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. (a) Sections 1 - 5 of this Act apply to offenses committed on or 02 after the effective date of this Act. 03 (b) Section 6 of this Act applies to all criminal proceedings pending on or arising after 04 the effective date of this Act, regardless of whether the prosecution was initiated before the 05 effective date of the Act. 06 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).