HB 384: "An Act relating to grand juries; amending Rules 6(e), (i), (n), (p), (s), and (u), Alaska Rules of Criminal Procedure; and repealing Rules 6(j) and 6.1, Alaska Rules of Criminal Procedure."
00 HOUSE BILL NO. 384 01 "An Act relating to grand juries; amending Rules 6(e), (i), (n), (p), (s), and (u), Alaska 02 Rules of Criminal Procedure; and repealing Rules 6(j) and 6.1, Alaska Rules of 03 Criminal Procedure." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.40.010 is amended by adding a new subsection to read: 06 (b) The official grand jury handbook is the handbook titled "Alaska Grand 07 Jury Handbook," distributed by The Supreme Court of Alaska, that was acquired by 08 the National Criminal Justice Reference Service on October 25, 1982. 09 * Sec. 2. AS 12.40.030 is amended by adding new subsections to read: 10 (b) A grand jury, without outside input, decides what concerns the public 11 safety or welfare, what to investigate, and how to conduct an investigation. 12 (c) A grand jury report or recommendation after an investigation shall be 13 immediately made public following issuance by the grand jury, without rewrite, 14 censorship, or redaction.
01 (d) An individual or group of individuals has an unqualified right to appeal 02 directly to a grand jury for an investigation. This right includes the right to appeal to a 03 grand jury for an investigation related to an individual court case. 04 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 DIRECT COURT RULE AMENDMENT. Rule 6(e), Alaska Rules of 07 Criminal Procedure, is amended to read: 08 (e) Swearing and Instructing Jurors. 09 (1) The following oath shall be administered by the clerk of the 10 superior court to the persons selected for grand jury duty: "You and each of you as 11 members of this grand jury for the State of Alaska, do solemnly swear or affirm that 12 you will diligently inquire and true presentment make of all such matters as shall be 13 given to you for consideration, or shall otherwise come to your knowledge in 14 connection with your present service; that you will preserve the secrecy required by 15 law as to all proceedings had before you; that you will present no one through envy, 16 hatred or malice, or leave any one unpresented through fear, affection, gain, reward, or 17 hope thereof; but that you will present all things truly and impartially as they shall 18 come to your knowledge according to the best of your understanding." 19 (2) When the grand jury is sworn, the court shall charge the jury with 20 written instructions [, WHICH THE COURT DEEMS PROPER,] concerning the 21 powers and duties of the grand jury. 22 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 DIRECT COURT RULE AMENDMENT. Rule 6(i), Alaska Rules of Criminal 25 Procedure, is amended to read: 26 (i) Preparing Indictments and Presentments. The prosecuting attorney shall 27 prepare all indictments and presentments for the grand jury, and shall attend their 28 [ITS] sittings to advise them [IT] of their [ITS] duties and to examine witnesses in 29 their [ITS] presence. 30 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 DIRECT COURT RULE AMENDMENT. Rule 6(n), Alaska Rules of 02 Criminal Procedure, is amended to read: 03 (n) Availability of Grand Jury Record to Defendant. Upon request, a 04 defendant shall be entitled to listen to the electronic recording of the grand jury 05 proceedings and inspect all exhibits presented to the grand jury. Upon further request 06 the defendant may obtain a transcript of such proceedings and copies of such exhibits. 07 The trial of the case shall not be delayed because of the failure of a defendant to 08 request the transcript. [THE AVAILABILITY OF A GRAND JURY REPORT IS 09 GOVERNED BY CRIMINAL RULE 6.1.] 10 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 DIRECT COURT RULE AMENDMENT. Rule 6(p), Alaska Rules of 13 Criminal Procedure, is amended to read: 14 (p) Presentment [QUESTIONS TO THE SUPERIOR COURT]. 15 (1) Whenever there is doubt from the evidence presented 16 (i) whether the facts constitute a crime, or 17 (ii) whether a defendant is subject to prosecution by 18 reason of either a lapse of time or a former acquittal or conviction, then 19 the grand jury by a concurrence of at least five members may make a 20 presentment of [, AFTER CONSULTING THE PROSECUTING 21 ATTORNEY, PRESENT] the facts of the case to the court with a 22 request for instructions [INSTRUCTION] on the law. 23 (2) The presentment shall be made by the foreperson [SHALL 24 MAKE THE PRESENTATION OF FACTS AND THE REQUEST FOR 25 INSTRUCTION ON THE LAW TO THE COURT] in the presence of the grand jury. 26 (3) The presentment [PRESENTATION TO THE COURT] shall not 27 mention the names of individuals. The presentment [ANY WRITTEN DOCUMENT 28 CONTAINING THE PRESENTATION OF FACTS AND REQUEST FOR 29 INSTRUCTION ON THE LAW] shall not be filed with the court, nor shall it be kept 30 by the court beyond the time that the grand jury is discharged. 31 (4) When the presentment [PRESENTATION OF FACTS AND
01 REQUEST FOR INSTRUCTION] is made [,] the court shall give such instructions 02 [INSTRUCTION] on the law as it considers necessary. 03 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 06 Procedure, is amended to read: 07 (s) Admissibility of Evidence. 08 (1) All evidence is admissible before a grand jury conducting an 09 investigation and preparing a report or recommendation. Evidence which would 10 be legally admissible at trial shall be used by [ADMISSIBLE BEFORE] the grand 11 jury if, after investigation, the grand jury decides to issue an indictment. In 12 appropriate cases, however, witnesses may be presented to summarize admissible 13 evidence if the admissible evidence will be available at trial. Except as stated in 14 subparagraphs (2), (3), and (6), hearsay evidence shall not be presented to the grand 15 jury absent compelling justification for its introduction. If hearsay evidence is 16 presented to the grand jury, the reasons for its use shall be stated on the record. 17 (2) In a prosecution for an offense under AS 11.41.410 - 11.41.458, 18 hearsay evidence of a statement related to the offense, not otherwise admissible, made 19 by a child who is the victim of the offense may be admitted into evidence before the 20 grand jury if 21 (i) the circumstances of the statement indicate its 22 reliability; 23 (ii) the child is under 10 years of age when the hearsay 24 evidence is sought to be admitted; 25 (iii) additional evidence is introduced to corroborate the 26 statement; and 27 (iv) the child testifies at the grand jury proceeding or 28 the child will be available to testify at trial. 29 (3) Hearsay evidence related to the offense, not otherwise admissible, 30 may be admitted into evidence before the grand jury if 31 (i) the individual presenting the hearsay evidence is a
01 peace officer involved in the investigation; and 02 (ii) the hearsay evidence consists of the statement and 03 observations made by another peace officer in the course of an 04 investigation; and 05 (iii) additional evidence is introduced to corroborate the 06 statement. 07 (4) If the testimony presented by a peace officer under paragraph (3) of 08 this section is inaccurate because of intentional, grossly negligent, or negligent 09 misstatements or omissions, then the court shall dismiss an indictment resulting from 10 the testimony if the defendant shows that the inaccuracy prejudices substantial rights 11 of the defendant. 12 (5) In this section "statement" means an oral or written assertion or 13 nonverbal conduct if the nonverbal conduct is intended as an assertion. 14 (6) When a prior conviction is an element of an offense, hearsay 15 evidence received through the Alaska Public Safety Information Network or from 16 other government agencies of prior convictions may be presented to the grand jury. 17 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 DIRECT COURT RULE AMENDMENT. Rule 6(u), Alaska Rules of 20 Criminal Procedure, is amended to read: 21 (u) Delegation of Duties. Whenever a superior court is sitting other than 22 where the presiding judge is sitting, or the presiding judge is unavailable, the presiding 23 judge may delegate duties under this rule to another judicial officer. [HOWEVER, 24 THE PRESIDING JUDGE MAY DELEGATE DUTIES UNDER CRIMINAL RULE 25 6.1 ONLY TO ANOTHER SUPERIOR COURT JUDGE.] 26 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 REPEAL OF COURT RULES. Rules 6(j) and 6.1, Alaska Rules of Criminal 29 Procedure, are repealed. 30 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. Rules 6(e), (i), (n), (p), (s), and (u), Alaska Rules of Criminal 02 Procedure, as amended by secs. 3 - 8 of this Act, and the repeal of Rules 6(j) and 6.1, Alaska 03 Rules of Criminal Procedure, by sec. 9 of this Act, apply to indictments occurring on or after 04 the effective date of this Act for offenses committed before, on, or after the effective date of 05 this Act. 06 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 CONDITIONAL EFFECT. Rules 6(e), (i), (n), (p), (s), and (u), Alaska Rules of 09 Criminal Procedure, as amended by secs. 3 - 8 of this Act, and the repeal of Rules 6(j) and 10 6.1, Alaska Rules of Criminal Procedure, by sec. 9 of this Act take effect only if secs. 3 - 9 of 11 this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 12 Constitution of the State of Alaska.