Enrolled SB 187: 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.
00Enrolled SB 187 01 Relating to the crime of misconduct involving confidential information in the first degree; 02 amending Rule 16, Alaska Rules of Criminal Procedure; amending Rule 8, Alaska Child in 03 Need of Aid Rules; and providing for an effective date. 04 _______________ 05 * Section 1. AS 11.76.113(a) is amended to read: 06 (a) A person commits the crime of misconduct involving confidential 07 information in the first degree if the person 08 (1) violates AS 11.76.115 and obtains the confidential information 09 with the intent to 10 (A) [(1)] use the confidential information to commit a crime; or 11 (B) [(2)] obtain a benefit to which the person is not entitled, to 12 injure another person, or to deprive another person of a benefit; or 13 (2) publishes or distributes an audio or video recording of an 14 interview of a child for a criminal or child protection investigation, or records of
01 a medical examination of a victim or minor conducted for the purpose of the 02 investigation of an offense under AS 11.41.410 - 11.41.440, 11.41.450, or a child 03 protection investigation, including photographs taken during the examination. 04 * Sec. 2. AS 11.76.113 is amended by adding a new subsection to read: 05 (d) The provisions of (a)(2) of this section do not apply to 06 (1) a person who publishes or distributes a recording, record, or image 07 as permitted or directed under 08 (A) a court order; 09 (B) a rule of court; or 10 (C) a federal or state law requiring the publication or 11 distribution; 12 (2) the use of a recording, record, or image for training by law 13 enforcement officials, prosecutors, or defense counsel, if the identity of the minor or 14 victim is concealed; or 15 (3) a recording, record, or image that is released with the consent of 16 (A) an adult victim or a minor victim for whom the disabilities 17 of minority have been removed for general purposes under AS 09.55.590; or 18 (B) a minor's parent or guardian unless the parent or guardian is 19 the perpetrator of the abuse or offense about which the recording, record, or 20 image was gathered. 21 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 DIRECT COURT RULE AMENDMENT. Rule 16(d)(3), Alaska Rules of 24 Criminal Procedure, is amended to read 25 (3) Materials to Remain in Custody of Attorney. 26 (A) Materials furnished to an attorney pursuant to these rules 27 shall be used only for the purpose of conducting the case. The following 28 materials must remain in the custody of the defense attorney, the attorney's 29 staff, investigators, experts, and others as necessary for the preparation of the 30 defendant's case, and shall be subject to other terms and conditions that the 31 court may provide. The materials listed in this paragraph shall not be provided
01 to the defendant, but the information in the materials may be shared with the 02 defendant to the extent necessary to prepare the defense of the case: 03 (i) a criminal history record of a victim or witness; 04 (ii) a medical, psychiatric, psychological, or counseling 05 record of a victim or witness; 06 (iii) an adoption record; 07 (iv) a record that is confidential under AS 47.12.300 or 08 a similar law in another jurisdiction; 09 (v) a report of a presentence investigation of a victim or 10 witness prepared pursuant to Criminal Rule 32.1 or a similar law in 11 another jurisdiction; 12 (vi) a record of the Department of Corrections other 13 than the defendant's own file and any other incident report relating to 14 the crime with which the defendant is charged; [AND] 15 (vii) any other record that the court orders be kept in the 16 exclusive custody of the attorney; 17 (viii) in a prosecution under AS 11.41.410 - 11.41.440 18 or 11.41.450, an audio or video interview of a victim; and 19 (ix) in a prosecution under AS 11.41.410 - 11.41.440 20 or 11.41.450, photographs taken during a medical examination of a 21 victim. 22 (B) An attorney shall not disclose to a defendant the residence 23 or business address or telephone number of a victim or witness, obtained from 24 information provided under this rule, even if the defendant is acting as co- 25 counsel. If the address and telephone numbers of all victims and witnesses 26 have been obliterated, materials that had contained the address or telephone 27 number of a victim or witness may be provided to a defendant proceeding 28 without counsel only as allowed by AS 12.61.120. 29 (C) Notwithstanding a defendant's status as co-counsel, 30 materials covered by subsection (d)(3)(A) shall remain in the custody of the 31 defendant's attorney, the attorney's staff, investigators, experts, and others as
01 necessary for the preparation of the defendant's case, and shall be subject to 02 other terms and conditions that the court may provide. 03 (D) If a defendant is proceeding without counsel, materials 04 covered by subsection (d)(3)(A) may be provided to the defendant. If materials 05 are provided to an unrepresented defendant under this paragraph, the court 06 shall order that the materials remain in the defendant's exclusive custody, be 07 used only for purposes of conducting the case, and be subject to other terms, 08 conditions, and restrictions that the court may provide. Upon a showing of 09 good cause, the court may impose specific terms, conditions, or restrictions 10 concerning inspection of the materials by other persons involved in the 11 preparation of the case, such as staff, investigators, experts, witnesses, or 12 others. The court shall also inform the defendant and such other persons 13 involved in the preparation of the case that violation of an order issued under 14 this paragraph is punishable as a contempt of court and may also constitute a 15 criminal offense. 16 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 DIRECT COURT RULE AMENDMENT. Rule 16(d), Alaska Rules of 19 Criminal Procedure, is amended by adding a new paragraph to read: 20 (7) Confidential filing. A party that files with the court or offers as an 21 exhibit materials listed in subsection (d)(3)(A)(viii) or (d)(3)(A)(ix) of this rule shall 22 file the materials in a confidential envelope. In this paragraph, "confidential" has the 23 meaning given in Rule 37.5, Alaska Rules of Administration. 24 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 DIRECT COURT RULE AMENDMENT. Rule 8, Alaska Child in Need of 27 Aid Rules, is amended by adding new subsections to read: 28 (j) Limitations on disclosure of certain recordings, images, and records that 29 are also evidence for an investigation under AS 11.41.410 - 11.41.450. Materials 30 collected during an investigation under AS 47.10.011 or AS 47.14.300 that are also 31 evidence for an investigation under AS 11.41.410 - 11.41.450 furnished to an attorney
01 under these rules shall be used only for the purpose of conducting the case. A video or 02 audio recording or medical record of a child, including a photograph taken during a 03 medical examination of a child, must remain in the custody of a parent's attorney, the 04 attorney's staff, investigators, experts, and others as necessary for the preparation of 05 the parent's case, and shall be subject to other terms and conditions that the court may 06 provide. A video or audio recording or medical record of a child, including a 07 photograph taken during a medical examination of a child, shall not be provided to the 08 parent, but the information in the materials may be shared with the parent to the extent 09 necessary to prepare the defense of the case. 10 (k) If a parent is proceeding without counsel, the materials described in (j) of 11 this section may be provided to the parent. If materials are provided to an 12 unrepresented parent under this subsection, the court shall order that the materials 13 remain in the parent's exclusive custody, be used only for purposes of conducting the 14 case, and be subject to other terms, conditions, and restrictions that the court may 15 provide. Upon a showing of good cause, the court may impose specific terms, 16 conditions, or restrictions concerning inspection of the materials by other persons 17 involved in the preparation of the case, such as staff, investigators, experts, witnesses, 18 or others. The court shall also inform the parent and other persons involved in the 19 preparation of the case that violation of an order issued under this subsection is 20 punishable as a contempt of court and may also constitute a criminal offense. 21 (l) Confidential filing. A party that files with the court or offers as an exhibit 22 materials listed in (j) of this rule shall file the materials in a confidential envelope. In 23 this subsection, "confidential" has the meaning given in Rule 37.5, Alaska Rules of 24 Administration. 25 (m) Notwithstanding another provision of this section, the legal custodian of a 26 child may provide records of a medical examination of a child to the child's treating 27 health care provider if the records are required for the treatment of the child. In this 28 subsection, "health care provider" includes a physician, dentist, physician assistant, 29 nurse, nurse practitioner, psychologist, counselor, marital and family therapist, village 30 or community health aide, community health worker, or another person that provides 31 health care treatment in the course and scope of the person's employment.
01 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. (a) Sections 1 and 2 of this Act apply to offenses committed on or 04 after the effective date of this Act. 05 (b) Sections 3 - 5 of this Act apply to proceedings pending on or arising after the 06 effective date of this Act, regardless of whether the prosecution was initiated before the 07 effective date of the Act. 08 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).