00                             HOUSE BILL NO. 140                                                                          
01 "An Act relating to juries in criminal cases; and providing for an effective date."                                     
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 12.45 is amended by adding a new section to read:                                                  
04            Sec. 12.45.017. Role of jury. (a) Except as otherwise provided by law, the jury                            
05       is the exclusive judge of the facts. The jury is bound to receive the law from the court                          
06       and be governed thereby, except if a jury determines that a defendant is guilty                                   
07       according to the law and that the law is unjustly applied to the defendant, the jury may                          
08       determine not to apply the law to the defendant and find the defendant not guilty or                              
09       guilty of a lesser included offense.                                                                              
10            (b)  A defendant has the right to inform the jury of the jury's power to judge                               
11       the just application of the law and to vote on the verdict according to conscience.                               
12       Failure to allow the defendant to inform the jury of the jury's power is grounds for a                            
13       mistrial.                                                                                                         
14            (c)  Notwithstanding any other law, the court shall allow the defendant to                                   
15       present to the jury, for its consideration, evidence and testimony relevant to the                                
01       exercise of the jury's power under this section.                                                                  
02            (d)  The state may rebut any evidence introduced under this section with                                     
03       evidence of a similar nature.                                                                                     
04            (e)  This section applies only to an action tried to a jury under applicable                                 
05       criminal law. This section does not create a right to a jury.                                                     
06            (f)  A potential juror may not be excused or disqualified from serving on a jury                             
07       because the juror expresses a willingness to exercise a power granted to the jury under                           
08       this section.                                                                                                     
09    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
10 read:                                                                                                                   
11       APPLICABILITY. This Act applies to juries impaneled on or after the effective date                                
12 of this Act.                                                                                                            
13    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).