00                HOUSE CS FOR CS FOR SENATE BILL NO. 134(JUD)                                                             
01 "An Act relating to a pilot project to review and investigate certain complaints from                                   
02 victims of sexual assault in the first degree or sexual abuse of a minor in the first degree                            
03 concerning actions of justice agencies."                                                                                
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
06 to read:                                                                                                                
07       OFFICE OF VICTIMS' RIGHTS PILOT PROGRAM CONCERNING CERTAIN                                                        
08 SEXUAL ASSAULT AND SEXUAL ABUSE CLAIMS. (a) The office of victims' rights                                               
09 shall establish a pilot program to review and investigate complaints described in (d) of this                           
10 section, and shall report to the legislature under (g) of this section. The pilot program begins                        
11 September 1, 2006, and ends August 31, 2008.                                                                            
12       (b) A law enforcement agency that receives or investigates a report of sexual abuse in                            
13 the first degree or sexual assault in the second degree shall provide the victim with the                               
14 information required by AS 12.61.010(a)(15) at the initial contact and any subsequent contact.                          
01       (c) Within two weeks after receiving a report of sexual assault in the first degree or                            
02 sexual abuse of a minor in the first degree, the law enforcement agency receiving the report                            
03 shall provide the office of victims' rights with the date of the report, the date the assault or                        
04 abuse is alleged to have occurred, the police report, and the name of the officer assigned to the                       
05 case.                                                                                                                   
06       (d)  Upon receiving a complaint from a victim of sexual assault in the first degree or                            
07 sexual abuse of a minor in the first degree that the crime has not been timely or completely                            
08 investigated, the victims' advocate                                                                                     
09            (1)  has jurisdiction to investigate the complaint and may assist with regard to                             
10 the victim's contacts with justice agencies under procedures set out in AS 24.65.100 -                                  
11 24.65.130;                                                                                                              
12            (2)  shall consult with and make reports to justice agencies under procedures                                
13 set out in AS 24.65.140 and 24.65.150; and                                                                              
14            (3)  has the privileges and immunities set out in AS 24.65.190 and 24.65.200.                                
15       (e)  The penalty set out in AS 24.65.210 applies to hindering, or refusing to comply                              
16 with the lawful demands of, the victims' advocate in connection with the program established                            
17 under this section.                                                                                                     
18       (f)  Regulations adopted by the victims' advocate under AS 24.65.090, as those                                    
19 regulations may be amended, apply to the program established under this section to the extent                           
20 those regulations are not inconsistent with this section. The victims' advocate may adopt                               
21 additional regulations under AS 44.62 (Administrative Procedure Act) necessary to                                       
22 implement this section.                                                                                                 
23       (g)  Not later than the first day of the first session of the Twenty-Sixth Alaska State                           
24 Legislature, the office of victims' rights shall present to the legislature a report of its                             
25 conclusions concerning complaints investigated under the program established under this                                 
26 section. The report may include recommendations for legislative action.                                                 
27       (h)  In this section,                                                                                             
28            (1)  "justice agency" has the meaning given in AS 24.65.250;                                                 
29            (2)  "office of victims' rights" means the office created in AS 24.65.010;                                   
30            (3)  "victim" has the meaning given in AS 24.65.250;                                                         
31            (4)  "victims' advocate" means the position created in AS 24.65.010.                                         
01    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
02 read:                                                                                                                   
03       APPLICABILITY. Section 1 of this Act applies to complaints made after the effective                               
04 date of this Act for offenses alleged to have been committed                                                            
05            (1)  on or after the effective date of this Act; or                                                          
06            (2)  before the effective date of this Act if the offense is alleged to have been                            
07 committed on or after July 10, 2003.