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HB 335: "An Act relating to bail release decisions; and amending Rule 41, Alaska Rules of Criminal Procedure."

00                             HOUSE BILL NO. 335                                                                          
01 "An Act relating to bail release decisions; and amending Rule 41, Alaska Rules of                                       
02 Criminal Procedure."                                                                                                    
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 12.30.011(j) is amended to read:                                                                   
05 (j)  Except as otherwise provided in this chapter, the burden of proof is on the                                        
06 prosecuting authority that a person charged with an offense should be detained or                                       
07 released with conditions described in this section or AS 12.30.016. [ANY                                                
08 MONETARY OR NONMONETARY CONDITION OR CONDITIONS IMPOSED                                                                 
09 BY THE COURT UNDER THIS SECTION SHALL BE THE LEAST                                                                      
10       RESTRICTIVE CONDITION OR CONDITIONS THAT WILL REASONABLY                                                          
11       ENSURE THE APPEARANCE OF THE PERSON IN COURT AND THE SAFETY                                                       
12       OF THE VICTIM, OTHER PERSONS, AND THE COMMUNITY.]                                                                 
13    * Sec. 2. AS 12.30.011 is amended by adding a new subsection to read:                                              
14            (m)  When making a release decision under this chapter and determining the                                   
01       conditions of release under this chapter, the judicial officer shall take into account all                        
02       of the factors under (i) of this section and may not weigh a person's pretrial risk                               
03       assessment score greater than any other factor under (i) of this section.                                         
04    * Sec. 3. AS 12.30.006(b)(3), 12.30.011(b), 12.30.011(c), 12.30.011(d), 12.30.011(e),                              
05 12.30.011(f), and 12.30.011(k) are repealed.                                                                            
06    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
07 read:                                                                                                                   
08       INDIRECT COURT RULE AMENDMENT. AS 12.30.011(j), as amended by sec. 1                                              
09 of this Act, AS 12.30.011(m), enacted by sec. 2 of this Act, and the repeals of                                         
10 AS 12.30.006(b)(3) and  12.30.011(b) - (f) and (k) by sec. 3 of this Act have the effect of                             
11 amending Rule 41, Alaska Rules of Criminal Procedure, by changing the factors to consider                               
12 for release decisions and when setting release conditions.                                                              
13    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
14 read:                                                                                                                   
15 APPLICABILITY. AS 12.30.011(j), as amended by sec. 1 of this Act, and                                                   
16 AS 12.30.011(m), enacted by sec. 2 of this Act, apply to offenses committed on or after the                             
17 effective date of this Act.                                                                                             
18    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
19 read:                                                                                                                   
20 CONDITIONAL EFFECT. AS 12.30.011(j), as amended by sec. 1 of this Act,                                                  
21 AS 12.30.011(m), enacted by sec. 2 of this Act, and the repeals of AS 12.30.006(b)(3) and                               
22 12.30.011(b) - (f) and (k) by sec. 3 of this Act take effect only if sec. 4 of this Act receives the                    
23 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of                       
24 Alaska.