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HB 60: "An Act relating to victims of criminal offenses."

00                              HOUSE BILL NO. 60                                                                          
01 "An Act relating to victims of criminal offenses."                                                                      
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 12.61 is amended by adding a new section to read:                                                  
04            Sec. 12.61.016. Duties of agency investigating a sexual offense. A law                                     
05       enforcement agency investigating an offense under AS 11.41.410 - 11.41.470 may not                                
06       disclose information related to the investigation to an employer of the victim unless                             
07                 (1)  the victim expressly permits the disclosure; or                                                    
08                 (2)  the agency determines the disclosure is necessary to investigate or                                
09       prevent a crime.                                                                                                  
10    * Sec. 2. AS 12.61.017(a) is amended to read:                                                                      
11            (a)  An employer may not penalize or threaten to penalize a victim of an                                 
12       offense because the victim                                                                                    
13                 (1)  is subpoenaed or requested by the prosecuting attorney to attend a                             
14       court proceeding for the purpose of giving testimony; or                                                      
15                 (2)  reports the offense to a law enforcement agency or participates                                
01       in the investigation of the offense by a law enforcement agency [. IN THIS                                    
02       SUBSECTION, "PENALIZE" MEANS TO TAKE ACTION AFFECTING THE                                                         
03       EMPLOYMENT STATUS, WAGES, AND BENEFITS PAYABLE TO THE                                                             
04       VICTIM, INCLUDING                                                                                                 
05                 (1)  DEMOTION OR SUSPENSION;                                                                            
06                 (2)  DISMISSAL FROM EMPLOYMENT; AND                                                                     
07                 (3)  LOSS OF PAY OR BENEFITS, EXCEPT PAY AND BENEFITS                                                   
08       THAT ARE DIRECTLY ATTRIBUTABLE TO THE VICTIM'S ABSENCE FROM                                                       
09       EMPLOYMENT TO ATTEND THE COURT PROCEEDING].                                                                       
10    * Sec. 3. AS 12.61.017 is amended by adding a new subsection to read:                                              
11            (d)  In this section, "penalize" means to take action affecting the employment                               
12       status, wages, and benefits payable to the victim, including                                                      
13                 (1) demotion or suspension;                                                                             
14                 (2) dismissal from employment; and                                                                      
15                 (3) loss of pay or benefits, except pay and benefits that are directly                                  
16       attributable to the victim's absence from employment to                                                           
17                      (A)  attend the court proceeding;                                                                  
18                      (B)  report the offense to a law enforcement agency;                                               
19                      (C)  participate in a law enforcement agency investigation of the                                  
20            offense.                                                                                                     
21    * Sec. 4. AS 18.66.050 is amended to read:                                                                         
22            Sec. 18.66.050. Duties of the council. The council shall                                                   
23                 (1)  hire an executive director, and the executive director may hire staff;                             
24       the executive director is in the exempt service under AS 39.25.110 and staff members                              
25       are in the classified service under AS 39.25.100;                                                                 
26                 (2)  elect one of its members as presiding officer;                                                     
27                 (3)  in consultation with authorities in the field, develop, implement,                                 
28       maintain, and monitor domestic violence, sexual assault, and crisis intervention and                              
29       prevention programs, including educational programs, films, and school curricula on                               
30       the cause, prevention, and treatment of domestic violence and sexual assault;                                     
31                 (4)  coordinate services provided by the Department of Law, the                                         
01       Department of Education and Early Development, the Department of Public Safety,                                   
02       the Department of Health and Social Services, the Department of Corrections, and                                  
03       other state agencies and community groups dealing with domestic violence, sexual                                  
04       assault, and crisis intervention and prevention, and provide technical assistance as                              
05       requested by those state agencies and community groups;                                                           
06                 (5)  develop and implement a standardized data collection system on                                     
07       domestic violence, sexual assault, and crisis intervention and prevention;                                        
08                 (6)  conduct public hearings and studies on issues relating to violence,                                
09       including domestic violence and sexual assault, and on issues relating to the role of                             
10       crisis intervention and prevention;                                                                               
11                 (7)  receive and dispense state and federal money and award grants and                                  
12       contracts from appropriations for the purpose to qualified local community entities for                           
13       domestic violence, sexual assault, and crisis intervention and prevention programs;                               
14                 (8)  oversee and audit domestic violence, sexual assault, and crisis                                    
15       intervention and prevention programs that receive money under this chapter;                                       
16                 (9)  provide fiscal and technical assistance to plan, organize,                                         
17       implement, and administer domestic violence, sexual assault, and crisis intervention                              
18       and prevention programs;                                                                                          
19                 (10)  make an annual report to the governor on the activities of the                                    
20       council, plans of the council for new services and programs, reported offenses under                          
21       AS 11.41.410 - 11.41.470 by members of the Alaska National Guard, and concerns                                
22       of the council, including recommendations for legislation necessary to carry out the                              
23       purposes of this chapter; the council shall notify the legislature that the report is                             
24       available;                                                                                                        
25                 (11)  adopt regulations in accordance with AS 44.62 (Administrative                                     
26       Procedure Act) to carry out the purposes of this chapter and to protect the health,                               
27       safety, well-being, and privacy of persons receiving services financed with grants or                             
28       contracts under this chapter;                                                                                     
29                 (12)  consult with the Department of Health and Social Services in the                                  
30       formulation of standards and procedures for the delivery of services to victims of                                
31       domestic violence by health care facilities and practitioners of healing arts and                                 
01       personnel in those facilities as required in AS 18.66.300;                                                        
02                 (13)  consult with the Alaska Police Standards Council and other police                                 
03       training programs in the state to develop training programs regarding domestic                                    
04       violence for police officers and for correction, probation, and parole officers;                                  
05                 (14)  consult with public employers, the Alaska Supreme Court, school                                   
06       districts, and prosecuting authorities who are required by AS 18.66.300 - 18.66.310 to                            
07       provide continuing education courses in domestic violence to employees;                                       
08                 (15)  consult with the Alaska National Guard regarding its efforts                                  
09       to                                                                                                            
10                      (A)  prevent offenses under AS 11.41.410 - 11.41.470 by                                        
11            members of the Alaska National Guard;                                                                    
12                      (B)  establish procedures and standards for the Alaska                                         
13            National Guard's interaction with victims of offenses under AS 11.41.410 -                               
14            11.41.470.                                                                                               
15    * Sec. 5. AS 18.66 is amended by adding a new section to read:                                                     
16            Sec. 18.66.202. Sexual assaults against Alaska National Guard members.                                     
17       The council shall provide an online reporting procedure for a member of the Alaska                                
18       National Guard who is a victim of a sexual offense alleged to have been committed by                              
19       another member of the Alaska National Guard to anonymously report the offense to                                  
20       the council. The anonymous report is a confidential communication under                                           
21       AS 18.66.200. In this section, "sexual offense" means a crime under AS 11.41.410 -                                
22       11.41.470.                                                                                                        
23    * Sec. 6. AS 26.05 is amended by adding a new section to read:                                                     
24            Sec. 26.05.302. Sexual offenses. (a) A sexual offense against a member of the                              
25       Alaska National Guard alleged to have been committed by another member of the                                     
26       guard is not an offense of a purely military nature and shall be tried in civil courts and                        
27       prosecuted by civil authorities. The rights and protections guaranteed to crime victims                           
28       under the constitution and laws of the state, including AS 12.61, AS 18.66, and                                   
29       AS 24.65, apply to a member of the Alaska National Guard who is a victim of a sexual                              
30       offense.                                                                                                          
31            (b)  A member of the Alaska National Guard who is a victim of a sexual                                       
01       offense may voluntarily report the offense to one or more civil authorities including                             
02                 (1)  a state law enforcement agency;                                                                    
03                 (2)  a local law enforcement agency;                                                                    
04                 (3)  a federal law enforcement agency;                                                                  
05                 (4)  the Council on Domestic Violence and Sexual Assault created                                        
06       under AS 18.66.010;                                                                                               
07                 (5)  the State Commission for Human Rights created under                                                
08       AS 18.80.010.                                                                                                     
09            (c)  The Alaska National Guard may not compel a member of the guard who is                                   
10       a victim of a sexual offense to report the offense.                                                               
11            (d)  An investigation, court martial, or other proceeding of the Alaska National                             
12       Guard under this chapter in connection with a sexual offense against a member of the                              
13       Alaska National Guard is an administrative proceeding for the purposes of                                         
14       AS 18.66.200, and a victim or victim counselor may not be compelled to testify or                                 
15       produce records as provided by that section.                                                                      
16            (e)  A trial or prosecution by a civil authority of a sexual offense against a                               
17       member of the Alaska National Guard, or the lack of a trial or prosecution by that                                
18       authority, is not a bar to an investigation, court martial, or other proceeding of the                            
19       militia under this chapter.                                                                                       
20            (f)  Nothing in this section prohibits a member of the Alaska National Guard                                 
21       who is a victim of a sexual offense from voluntarily reporting the sexual offense to                              
22       another member of the Alaska National Guard.                                                                      
23            (g)  In this section, "sexual offense" means an offense under AS 11.41.410 -                                 
24       11.41.470.