CSSB 187(JUD): "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, Alaska Rules of Criminal Procedure; amending Rule 8, Alaska Child in Need of Aid Rules; and providing for an effective date."
00 CS FOR SENATE BILL NO. 187(JUD) 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, Alaska Rules of Criminal Procedure; amending Rule 8, 04 Alaska Child in Need of Aid Rules; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.76.113(a) is amended to read: 07 (a) A person commits the crime of misconduct involving confidential 08 information in the first degree if the person 09 (1) violates AS 11.76.115 and obtains the confidential information 10 with the intent to 11 (A) [(1)] use the confidential information to commit a crime; or 12 (B) [(2)] obtain a benefit to which the person is not entitled, to 13 injure another person, or to deprive another person of a benefit; or 14 (2) publishes or distributes an audio or video recording of an
01 interview of a child for a criminal or child protection investigation, or records of 02 a medical examination of a victim or minor conducted for the purpose of the 03 investigation of an offense under AS 11.41.410 - 11.41.440, 11.41.450, or a child 04 protection investigation, including photographs taken during the examination. 05 * Sec. 2. AS 11.76.113 is amended by adding a new subsection to read: 06 (d) The provisions of (a)(2) of this section do not apply to 07 (A) a person who publishes or distributes a recording, record, 08 or image as permitted or directed under 09 (i) a court order; 10 (ii) a rule of court; or 11 (iii) a federal or state law requiring the publication or 12 distribution; or 13 (B) the use of a recording, record, or image for training by law 14 enforcement officials, prosecutors, or defense counsel, if the identity of the 15 minor or victim is concealed; or 16 (C) a recording, record, or image that is released with the 17 consent of 18 (i) an adult victim or a minor victim for whom the 19 disabilities of minority have been removed for general purposes under 20 AS 09.55.590; or 21 (ii) a minor's parent or guardian unless the parent or 22 guardian is the perpetrator of the abuse or offense about which the 23 recording, record, or image was gathered. 24 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 DIRECT COURT RULE AMENDMENT. Rule 16(d)(3), Alaska Rules of 27 Criminal Procedure, is amended to read 28 (3) Materials to Remain in Custody of Attorney. 29 (A) Materials furnished to an attorney pursuant to these rules 30 shall be used only for the purpose of conducting the case. The following 31 materials must remain in the custody of the defense attorney, the attorney's
01 staff, investigators, experts, and others as necessary for the preparation of the 02 defendant's case, and shall be subject to other terms and conditions that the 03 court may provide. The materials listed in this paragraph shall not be provided 04 to the defendant, but the information in the materials may be shared with the 05 defendant to the extent necessary to prepare the defense of the case: 06 (i) a criminal history record of a victim or witness; 07 (ii) a medical, psychiatric, psychological, or counseling 08 record of a victim or witness; 09 (iii) an adoption record; 10 (iv) a record that is confidential under AS 47.12.300 or 11 a similar law in another jurisdiction; 12 (v) a report of a presentence investigation of a victim or 13 witness prepared pursuant to Criminal Rule 32.1 or a similar law in 14 another jurisdiction; 15 (vi) a record of the Department of Corrections other 16 than the defendant's own file and any other incident report relating to 17 the crime with which the defendant is charged; [AND] 18 (vii) any other record that the court orders be kept in the 19 exclusive custody of the attorney; 20 (viii) in a prosecution under AS 11.41.410 - 11.41.440 21 or 11.41.450, an audio or video interview of a victim; and 22 (ix) in a prosecution under AS 11.41.410 - 11.41.440 23 or 11.41.450, photographs taken during a medical examination of a 24 victim. 25 (B) An attorney shall not disclose to a defendant the residence 26 or business address or telephone number of a victim or witness, obtained from 27 information provided under this rule, even if the defendant is acting as co- 28 counsel. If the address and telephone numbers of all victims and witnesses 29 have been obliterated, materials that had contained the address or telephone 30 number of a victim or witness may be provided to a defendant proceeding 31 without counsel only as allowed by AS 12.61.120.
01 (C) Notwithstanding a defendant's status as co-counsel, 02 materials covered by subsection (d)(3)(A) shall remain in the custody of the 03 defendant's attorney, the attorney's staff, investigators, experts, and others as 04 necessary for the preparation of the defendant's case, and shall be subject to 05 other terms and conditions that the court may provide. 06 (D) If a defendant is proceeding without counsel, materials 07 covered by subsection (d)(3)(A) may be provided to the defendant. If materials 08 are provided to an unrepresented defendant under this paragraph, the court 09 shall order that the materials remain in the defendant's exclusive custody, be 10 used only for purposes of conducting the case, and be subject to other terms, 11 conditions, and restrictions that the court may provide. Upon a showing of 12 good cause, the court may impose specific terms, conditions, or restrictions 13 concerning inspection of the materials by other persons involved in the 14 preparation of the case, such as staff, investigators, experts, witnesses, or 15 others. The court shall also inform the defendant and such other persons 16 involved in the preparation of the case that violation of an order issued under 17 this paragraph is punishable as a contempt of court and may also constitute a 18 criminal offense. 19 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 DIRECT COURT RULE AMENDMENT. Rule 16(d), Alaska Rules of 22 Criminal Procedure, is amended by adding a new paragraph to read: 23 (7) Confidential filing. A party that files with the court or offers as an 24 exhibit materials listed in subsection (d)(3)(viii) or (d)(3)(ix) of this rule shall file the 25 materials in a confidential envelope. In this paragraph, "confidential" has the meaning 26 given in Rule 37.5, Alaska Rules of Administration. 27 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 DIRECT COURT RULE AMENDMENT. Rule 8, Alaska Child in Need of 30 Aid Rules, is amended by adding new subsections to read: 31 (j) Limitations on disclosure of certain recordings, images, and medical
01 records. A party to a child in need of aid proceeding may disclose a video or audio 02 recording or medical record of a child, including a photograph taken during a medical 03 examination of a child, only to the party's attorney, the attorney's staff or investigator, 04 or a party's expert witness, and only as necessary for the preparation of the case. 05 (k) Confidential filing. A party that files with the court or offers as an exhibit 06 materials listed in (j) of this rule shall file the materials in a confidential envelope. In 07 this paragraph, "confidential" has the meaning given in Rule 37.5, Alaska Rules of 08 Administration. 09 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. (a) Sections 1 and 2 of this Act apply to offenses committed on or 12 after the effective date of this Act. 13 (b) Sections 3 - 5 of this Act apply to criminal proceedings pending on or arising after 14 the effective date of this Act, regardless of whether the prosecution was initiated before the 15 effective date of the Act. 16 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).