00 SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN)                                                                              
01 "An Act relating to the rights of crime victims and victims of juvenile offenses;                                       
02 relating to the collection by victims of restitution from prisoners; relating to the                                    
03 definition of `incapacitated' for sexual offenses; creating the crime of interfering                                    
04 with a report of a crime involving domestic violence; relating to mental                                                
05 examinations of victims in criminal prosecutions; relating to the safety of                                             
06 victims, other persons, and the community in setting bail or conditions of                                              
07 release; relating to access to certain records of the Violent Crimes Compensation                                       
08 Board; amending Rules 6 and 43(d), Alaska Rules of Criminal Procedure, Rules                                            
09 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules;                                            
10 and providing for an effective date."                                                                                   
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
12    * Section 1.  PURPOSE.  The purpose of secs. 2, 16, 18, 22, and 23 of this Act is to clarify                         
13 that the right of crime victims "to be present at all criminal or juvenile proceedings where the                        
14 accused has the right to be present," which is a right protected under art. I, sec. 24, of the                          
01 state constitution, may not be abridged by the sequestration rule applicable to most witnesses.                         
02    * Sec. 2.  AS 09.20.180 is amended to read:                                                                          
03  Sec. 09.20.180.  Exclusion of witnesses from courtroom.  Except as                                                   
04 provided in AS 12.61.010 and AS 47.12.110(b), upon [UPON] the request of either                                        
05 party the judge may exclude from the courtroom any witness of the adverse party not                                     
06 under examination at the time so that the witness may not hear the testimony of other                                   
07 witnesses.                                                                                                              
08    * Sec. 3.  AS 09.38.030(a) is amended to read:                                                                       
09  (a)  Except as provided in (b), (c), [AND] (f), and (h) of this section and                                         
10 AS 09.38.050, an individual debtor is entitled to an exemption of the individual                                        
11 debtor's weekly net earnings not to exceed $350.  The weekly net earnings of an                                         
12 individual are determined by subtracting from the weekly gross earnings all sums                                        
13 required by law or court order to be withheld.  The weekly net earnings of an                                           
14 individual paid on a monthly basis are determined by subtracting from the monthly                                       
15 gross earnings of the individual all sums required by law or court order to be withheld                                 
16 and dividing the remainder by 4.3.  The weekly net earnings of an individual paid on                                    
17 a semi-monthly basis are determined by subtracting from the semi-monthly gross                                          
18 earnings all sums required by law or court order to be withheld and dividing the                                        
19 remainder by 2.17.                                                                                                      
20    * Sec. 4.  AS 09.38.030(b) is amended to read:                                                                       
21  (b)  An individual who does not receive earnings either weekly, semi-monthly,                                         
22 or monthly is entitled to a maximum exemption for the aggregate value of cash and                                       
23 other liquid assets available in any month of $1,400, except as provided in (f) and (h)                               
24 of this section and in AS 09.38.050.  The term "liquid assets" includes deposits,                                       
25 securities, notes, drafts, accrued vacation pay, refunds, prepayments, and receivables,                                 
26 but does not include permanent fund dividends before or after receipt by the                                            
27 individual.                                                                                                             
28    * Sec. 5.  AS 09.38.030(g) is amended to read:                                                                       
29  (g)  In this section,                                                                                                 
30   (1)  "correctional facility" has the meaning given in AS 33.30.901;                                               
31   (2)  "official detention" has the meaning given in AS 11.81.900(b);                                                  
01   (3)  "prisoner" means a person held under the authority of state or                                                  
02 municipal law in official detention.                                                                                   
03    * Sec. 6.  AS 09.38.030 is amended by adding a new subsection to read:                                               
04  (h)  A creditor may levy upon earnings or liquid assets exempt under (a) or (b)                                       
05 of this section if the money is held outside a correctional facility and the claim is for                               
06 court-ordered restitution to be paid by a prisoner to the creditor under a judgment for                                 
07 conviction of a crime or an adjudication of delinquency.                                                                
08    * Sec. 7.  AS 11.41.470(2) is amended to read:                                                                       
09   (2)  "incapacitated" means temporarily incapable of appraising the nature                                            
10 of one's own conduct or [AND] physically unable to express unwillingness to act;                                      
11    * Sec. 8.  AS 11.56 is amended by adding a new section to read:                                                      
12  Sec. 11.56.745.  Interfering with a report of a crime involving domestic                                              
13 violence.   (a) A person, other than the victim, commits the crime of interfering with                                  
14 a  report of a crime involving domestic violence if the person knowingly interferes                                     
15 with another person who is reporting or attempting to report a crime involving                                          
16 domestic violence to a law enforcement agency.                                                                          
17  (b)  In this section, "crime involving domestic violence" has the meaning given                                       
18 in AS 18.66.990.                                                                                                        
19 (c)  Violation of this section is a class A misdemeanor.                                                              
20    * Sec. 9.  AS 12.30.010 is amended to read:                                                                          
21  Sec. 12.30.010.  Bail before conviction is matter of right.  The defendant in                                         
22 a criminal proceeding is entitled to be admitted to bail before conviction as a matter                                  
23 of right if the alleged victim can be reasonably protected through the imposition                                      
24 of bail and conditions of release.                                                                                     
25    * Sec. 10.  AS 12.30.020(a) is amended to read:                                                                      
26  (a)  A person charged with an offense shall, at that person's first appearance                                        
27 before a judicial officer, be ordered released pending trial on the person's personal                                   
28 recognizance or upon the execution of an unsecured appearance bond in an amount                                         
29 specified by the judicial officer unless the offense is an unclassified felony or class A                               
30 felony or unless the officer determines that the release of the person will not                                         
31 reasonably assure the appearance of the person as required [,] or will pose a danger                                    
01 to the alleged victim, other persons, or [AND] the community.  If the offense with                                  
02 which a person is charged is a felony, on motion of the prosecuting attorney, the                                       
03 judicial officer may allow the prosecuting attorney up to 48 hours to demonstrate that                                  
04 release of the person on the person's personal recognizance or upon the execution of                                    
05 an unsecured appearance bond will not reasonably assure the appearance of the person                                    
06 [,] or will pose a danger to the alleged victim, other persons, or [AND] the                                        
07 community.                                                                                                              
08    * Sec. 11.  AS 12.30.020(b) is amended to read:                                                                      
09  (b)  If a judicial officer determines under (a) of this section that the release of                                   
10 a person will not reasonably assure the appearance of the person, or will pose a danger                                 
11 to the alleged victim, other persons, or [AND] the community, the judicial officer                                  
12 may                                                                                                                     
13   (1)  place the person in the custody of a designated person or                                                       
14 organization agreeing to supervise the person;                                                                          
15   (2)  place restrictions on the travel, association, or place of abode of the                                         
16 person during the period of release;                                                                                    
17   (3)  require the person to return to custody after daylight hours on                                                 
18 designated conditions;                                                                                                  
19   (4)  require the execution of an appearance bond in a specified amount                                               
20 and the deposit in the registry of the court, in cash or other security, a sum not to                                   
21 exceed 10 percent of the amount of the bond; the deposit to be returned upon the                                        
22 performance of the condition of release;                                                                                
23   (5)  require the execution of a bail bond with sufficient solvent sureties                                           
24 or the deposit of cash; or                                                                                              
25   (6)  impose any other condition considered reasonably necessary to                                                   
26 assure the defendant's appearance as required and the safety of the alleged victim,                                   
27 other persons, or [AND] the community.                                                                                
28    * Sec. 12.  AS 12.30 is amended by adding a new section to read:                                                     
29  Sec. 12.30.035.  Release pending appeal by state.  If the state appeals an                                            
30 order dismissing an indictment, information, or complaint, or granting a new trial after                                
31 verdict or judgment, the court shall treat the defendant in accordance with the                                         
01 provisions governing pretrial release under this chapter.                                                               
02    * Sec. 13.  AS 12.30.040(a) is amended to read:                                                                      
03  (a)  A person who has been convicted of an offense and is awaiting sentence,                                          
04 or who has filed an appeal, shall be treated in accordance with the provisions of                                       
05 AS 12.30.020 unless the court has reason to believe that no one or more conditions of                                   
06 release will reasonably assure the appearance of the person as required or prevent the                                  
07 person from posing a danger to the victim, other persons, or [AND] the community.                                   
08 If that determination is made, the person may be remanded to custody.  This section                                     
09 does not affect the right of a person appealing from a judgment of conviction from a                                    
10 district court to the superior court to be released on bail pending appeal under Rule                                   
11 603(b) of the Rules of Appellate Procedure; however, the court shall consider the                                      
12 safety of the victim, other persons, and the community before the person is                                             
13 released under the rule.                                                                                               
14    * Sec. 14.  AS 12.45 is amended by adding a new section to read:                                                     
15  Sec. 12.45.042.  Mental examination of victim.  In a criminal prosecution                                             
16 under AS 11.41, the court may not order or compel the victim to undergo a psychiatric                                   
17 or psychological examination unless                                                                                     
18   (1)  the victim's psychiatric or psychological condition is an element of                                            
19 the offense charged; or                                                                                                 
20   (2)  the prosecution has given notice that it will present evidence at trial                                         
21 that the victim suffers from a continuing psychological or psychiatric condition that                                   
22 resulted from the offense charged.                                                                                      
23    * Sec. 15.  AS 12.55.175(b) is amended to read:                                                                      
24  (b)  Upon receipt of a record of proceedings under AS 12.55.165, the three-                                           
25 judge panel shall consider all pertinent files, records, and transcripts, including the findings                        
26 and conclusions of the judge who originally heard the matter.  The panel may hear oral                                  
27 testimony to supplement the record before it.  If the panel supplements the record, the                                
28 panel shall permit the victim to testify before the panel.  If the panel finds that manifest                           
29 injustice would result from failure to consider relevant aggravating or mitigating factors not                          
30 specifically included in AS 12.55.155 or from imposition of the presumptive term, whether                               
31 or not adjusted for aggravating or mitigating factors, it shall sentence the defendant in                               
01 accordance with this section.  If the panel does not find that manifest injustice would result,                         
02 it shall remand the case to the sentencing court, with a written statement of its findings and                          
03 conclusions, for sentencing under AS 12.55.125.                                                                         
04    * Sec. 16.  AS 12.61.010 is amended to read:                                                                         
05  Sec. 12.61.010.  Rights of crime victims.  (a) Victims of crimes have the                                             
06 following rights:                                                                                                       
07   (1)  the right to be present during any proceeding in                                                               
08   (A)  the prosecution and sentencing of a defendant if the                                                           
09 defendant has the right to be present, including being present during                                                   
10 testimony even if the victim is likely to be called as a witness;                                                       
11   (B)  the adjudication of a minor as provided under                                                                  
12 AS 47.12.110;                                                                                                          
13   (2) [(1)]  the right to be notified [INFORMED] by the appropriate law                                            
14 enforcement agency or the prosecuting attorney of the date of trial, [AND THE DATE                                    
15 OF] sentencing, including a proceeding before a three-judge panel under                                                
16 AS 12.55.175 and any hearing in which the defendant's release from custody is                                           
17 considered [OF THE CASE IN WHICH THE VICTIM IS INVOLVED];                                                              
18   (3) [(2)]  the right to be notified that a sentencing hearing or a court                                           
19 proceeding to which the victim has been subpoenaed will not occur as scheduled;                                         
20   (4) [(3)]  the right to receive protection from harm and threats of harm                                           
21 arising out of cooperation with law enforcement and prosecution efforts [,] and to be                                   
22 provided with information as to the protection available;                                                               
23   (5) [(4)]  the right to be notified [INFORMED] of the procedure to be                                            
24 followed to apply for and receive any compensation under AS 18.67;                                                      
25   (6) [(5)]  at the request of the prosecution or a law enforcement agency,                                          
26 the right to cooperate with the criminal justice process without loss of pay and other                                  
27 employee benefits except as authorized by AS 12.61.017 and without interference in                                      
28 any form by the employer of the victim of crime;                                                                        
29   (7) [(6)]  the right to obtain access to immediate medical assistance and                                          
30 not to be detained for an unreasonable length of time by a law enforcement agency                                       
31 before having medical assistance administered; however, an employee of the law                                          
01 enforcement agency may, if necessary, accompany the person to a medical facility to                                     
02 question the person about the criminal incident if the questioning does not hinder the                                  
03 administration of medical assistance;                                                                                   
04   (8) [(7)]  the right to make a written or oral statement for use in                                                
05 preparation of the presentence report of a felony defendant;                                                            
06   (9) [(8)]  the right to appear personally at the defendant's sentencing                                            
07 hearing to present a written statement [,] and to give sworn testimony or an unsworn                                    
08 oral presentation;                                                                                                      
09   (10) [AND (9)]  the right to be informed by the prosecuting attorney,                                              
10 at any time after the defendant's conviction, about the complete record of the                                          
11 defendant's convictions;                                                                                               
12   (11)  the right to notice under AS 12.47.095 concerning the status                                                 
13 of the defendant found not guilty by reason of insanity;                                                                
14   (12)  the right to notice under AS 33.16.087 of a hearing concerning                                                 
15 special medical parole of the defendant;                                                                                
16   (13)  the right to notice under AS 33.16.120 of a hearing to consider                                                
17 or review discretionary parole of the defendant; and                                                                    
18   (14)  the right to notice under AS 33.30.013 of the release or escape                                                
19 of the defendant.                                                                                                      
20  (b)  Law enforcement agencies, prosecutors, corrections agencies, social                                             
21 services agencies, and the courts shall make every reasonable effort to ensure that                                    
22 victims of crimes have the rights set out in (a) of this section.  However, a failure to                                
23 ensure these rights does not give rise to a separate cause of action against law                                        
24 enforcement agencies, other agencies of the state, or a political subdivision of the state.                             
25    * Sec. 17.  AS 18.67.030 is amended by adding a new subsection to read:                                              
26  (c)  An application for compensation and personally identifying information                                           
27 relating to an applicant for compensation are confidential records and may not be                                       
28 released by the board.                                                                                                  
29    * Sec. 18.  AS 47.12.110(b) is amended to read:                                                                      
30  (b)  Notwithstanding (a) of this section, the victim of an offense that a minor                                       
31 is alleged to have committed, or the designee of the victim, has a right to be present                                  
01 at all hearings or proceedings held under this section at which the minor has a right                                
02 to be present.  If the minor is found to have committed the offense, the victim may                                    
03 at the disposition hearing give sworn testimony or make an unsworn oral presentation                                    
04 concerning the offense and its effect on the victim.  If there are numerous victims of                                  
05 a minor's offense, the court may limit the number of victims who may give sworn                                         
06 testimony or make an unsworn oral presentation, but the court may not limit the right                                   
07 of a victim to attend a hearing even if the victim is likely to be a witness in a                                      
08 hearing concerning the minor's alleged offense.                                                                        
09    * Sec. 19.  Rule 6(u)(1), Alaska Rules of Criminal Procedure, is amended to read:                                    
10   (1)  A witness may participate telephonically in grand jury proceedings                                              
11 if the witness [IS NOT A VICTIM AND THE WITNESS:]                                                                       
12   (A)  would be required to travel more than 50 miles to the situs                                                    
13 of the grand jury; or                                                                                                   
14   (B)  lives in a place from which people customarily travel by air                                                   
15 to the situs of the grand jury.                                                                                         
16    * Sec. 20.  Rule 43(d), Alaska Rules of Criminal Procedure, is amended to read:                                      
17  (d)  Discharge from Custody -- Exoneration of Bail.  Except as provided                                              
18 in AS 12.30.035, when [WHEN] dismissal is ordered pursuant to this rule the                                            
19 defendant shall be discharged from custody, or if admitted to bail, the bail exonerated,                                
20 or money deposited in lieu thereof refunded to the depositors.                                                          
21    * Sec. 21.  Rule 404(b), Alaska Rules of Evidence, is amended by adding a new paragraph                              
22 to read:                                                                                                                
23   (4)  In a prosecution for a crime involving domestic violence or of                                                  
24 interfering with a report of a crime involving domestic violence, evidence of other                                     
25 crimes involving domestic violence by the defendant against the same or another                                         
26 person or of interfering with a report of a crime involving domestic violence is                                        
27 admissible.  In this paragraph, "domestic violence" and "crime involving domestic                                       
28 violence" have the meanings given in AS 18.66.990.                                                                      
29    * Sec. 22.  Rule 615, Alaska Rules of Evidence, is amended to read:                                                  
30  Rule 615.  Exclusion of Witnesses.  At the request of a party the court may                                           
31 order witnesses excluded so that they cannot hear the testimony of other witnesses, and                                 
01 it may make the order on its own motion.  This rule does not authorize exclusion of                                     
02   (1)  a party who is a natural person; [, OR]                                                                       
03   (2)  an officer or employee of a party which is not a natural person                                                 
04 designated as its representative by its attorney; [, OR]                                                              
05   (3)  a person whose presence is shown by a party to be important to the                                              
06 presentation of the party's [HIS] cause; or                                                                         
07   (4)  the victim of the alleged crime or juvenile offense during                                                     
08 criminal or juvenile proceedings when the accused has the right to be present; in                                       
09 this paragraph, "victim" has the meaning given in AS 12.55.185.                                                        
10    * Sec. 23.  Rule 3(c), Alaska Delinquency Rules, is amended to read:                                                 
11  (c)  General Public Excluded.  Hearings are not open to the public unless requested                                    
12 by the juvenile.  However, the court may, after due consideration for the welfare of the                                
13 juvenile and the interests of the public, admit specific individuals to a hearing, and shall admit                      
14 victims of the juvenile's offense to hearings and proceedings as required by AS 47.12.110                           
15 [AS 47.10.070(b)].                                                                                                      
16    * Sec. 24.  Rule 6(u)(4), Alaska Rules of Criminal Procedure, is repealed.                                           
17    * Sec. 25.  AS 12.30.035, added by sec. 12 of this Act, amends Rule 43(d), by changing                               
18 the standard for discharge from custody and exoneration of bail in certain cases.                                       
19    * Sec. 26.  APPLICABILITY.  (a)  Except as provided in (c) and (d) of this section, this                             
20 Act applies to a criminal or juvenile hearing and proceedings held on or after the effective                            
21 date of this Act, regardless of whether the criminal offense or delinquent act occurred before,                         
22 on, or after the effective date of this Act.                                                                            
23  (b)  Sections 3 - 6 of this Act apply to collections regardless of whether the judgment,                               
24 offense, or delinquent act occurred before, on, or after the effective date of this Act.                                
25  (c)  Sections 7 - 8 of this Act apply to offenses committed on or after the effective                                  
26 date of this Act.                                                                                                       
27  (d)  Sections 12 and 20 of this Act apply to all criminal prosecutions and appeals                                     
28 pending on or arising after the effective date of secs. 12 and 20 of this Act, regardless of                            
29 whether the prosecution was initiated or the appeal was filed before the effective date of                              
30 secs. 12 and 20 of this Act.                                                                                            
31    * Sec. 27.  Sections 12 and 20 of this Act take effect immediately in accordance with                                
01 AS 01.10.070(c).                                                                                                        
02    * Sec. 28.  Except as provided in sec. 27 of this Act, this Act takes effect July 1, 1997.