2005-05-09                     Senate Journal                      Page 1516
modifying adoption and placement procedures in certain child-in-                                    
need-of-aid cases; amending Rules 9 and 13, Alaska Adoption Rules,                                  
Rules 3, 17.2, 18, and 22, Alaska Child in Need of Aid Rules of                                     
Procedure, and Rules 14 and 15, Alaska Rules of Probate Procedure;                                  
and providing for an effective date" was read the second time.                                      
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
1506. Without objection, SENATE CS FOR CS FOR SPONSOR                                               
SUBSTITUTE FOR HOUSE BILL NO. 53(FIN) was adopted.                                                  
                                                                                                    
Senator French offered Amendment No. 1 :                                                             
                                                                                                    
Page 2, line 7, following "Probate Procedure;":                                                   
     Insert "relating to the admissibility into evidence of the prior                             
recorded statement of a crime victim less than 16 years of age; and                               
amending Rule 801, Alaska Rules of Evidence."                                                     
                                                                                                    
Page 30, following line 27:                                                                         
     Insert a new bill section to read:                                                             
"* Sec. 59.  The uncodified law of the State of Alaska is amended by                              
adding a new section to read:                                                                       
          DIRECT COURT RULE AMENDMENT.  Rule 801(d),                                                
     Alaska Rules of Evidence, is amended by adding a new paragraph                                 
     to read:                                                                                       
            (3)  Recorded Statement by Child Victims of Crime.  The                                 
     statement is a recorded statement by the victim of a crime who is                              
     less than 16 years of age and                                                                  
                 (A)  the recording was made before the proceeding;                                 
                 (B)  the victim is available for cross-examination;                                
                 (C)  the prosecutor and any attorney representing the                              
          defendant were not present when the statement was taken;                                  
                 (D)  the recording is on videotape or other format that                            
          records both the visual and aural components of the statement;                            
                 (E)  each person who participated in the taking of the                             
          statement is identified on the recording;                                                 
                 (F)  the taking of the statement as a whole was                                    
          conducted in a manner that would avoid undue influence of                                 
          the victim;