HB 267: "An Act relating to domestic violence and sexual assault; and providing for an effective date."
00HOUSE BILL NO. 267 01 "An Act relating to domestic violence and sexual assault; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.66.050 is amended to read: 05 Sec. 18.66.050. Duties of the council. The council shall 06 (1) hire an executive director and necessary staff; 07 (2) elect one of its members as presiding officer; 08 (3) in consultation with authorities in the field, develop, implement, 09 maintain, and monitor domestic violence, sexual assault, and crisis intervention and 10 prevention programs, including educational programs, films, and school curricula on 11 the cause, prevention, and treatment of domestic violence and sexual assault; 12 (4) coordinate services provided by the Department of Law, the 13 Department of Education, the Department of Public Safety, the Department of Health 14 and Social Services, and other state agencies and community groups dealing with
01 domestic violence, sexual assault, and crisis intervention and prevention, and provide 02 technical assistance as requested by those state agencies and community groups; 03 (5) develop and implement a standardized data collection system on 04 domestic violence, sexual assault, and crisis intervention and prevention; 05 (6) conduct public hearings and studies on issues relating to violence, 06 including domestic violence and sexual assault, and on issues relating to the role of 07 crisis intervention and prevention; 08 (7) receive and dispense state and federal money and award grants and 09 contracts from appropriations for the purpose to qualified local community entities for 10 domestic violence, sexual assault, and crisis intervention and prevention programs; 11 (8) oversee and audit domestic violence, sexual assault, and crisis 12 intervention and prevention programs that receive money under this chapter; 13 (9) provide fiscal and technical assistance to plan, organize, implement 14 and administer domestic violence, sexual assault, and crisis intervention and prevention 15 programs; 16 (10) make an annual report to the governor on the activities of the 17 council, plans of the council for new services and programs, and concerns of the 18 council, including recommendations for legislation necessary to carry out the purposes 19 of this chapter; the council shall notify the legislature that the report is available; 20 (11) adopt regulations in accordance with AS 44.62 (Administrative 21 Procedure Act) to carry out the purposes of this chapter and to protect the health, 22 safety, well-being, and privacy of persons receiving services financed with grants or 23 contracts under this chapter; regulations adopted under this paragraph must require 24 a victim counselor employed by a grantee or contractor under this chapter to 25 divulge information to the extent allowed under AS 18.66.210; 26 (12) consult with the Department of Health and Social Services in the 27 formulation of standards and procedures for the delivery of services to victims of 28 domestic violence by health care facilities and practitioners of healing arts and 29 personnel in those facilities as required in AS 18.66.300; 30 (13) consult with the Alaska Police Standards Council and other police 31 training programs in the state to develop training programs regarding domestic violence
01 for police officers and for correction, probation, and parole officers; 02 (14) consult with public employers, the Alaska Supreme Court, school 03 districts, and prosecuting authorities who are required by AS 18.66.300 - 18.66.310 to 04 provide continuing education courses in domestic violence to employees. 05 * Sec. 2. AS 18.66.210 is amended to read: 06 Sec. 18.66.210. Exceptions. The privilege provided under AS 18.66.200 does 07 not apply to 08 (1) reports of suspected child abuse or neglect under AS 47.17; 09 (2) evidence that the victim is about to commit a crime; 10 (3) a proceeding that occurs after the victim's death; 11 (4) a communication relevant to an issue of breach by the victim or 12 victim counselor of a duty arising out of the victim-victim counselor relationship; 13 (5) a communication that is determined to be admissible hearsay as an 14 excited utterance under the Alaska Rules of Evidence; 15 (6) a child-in-need-of-aid proceeding under AS 47.10; 16 (7) a communication made during the victim-victim counselor 17 relationship if the services of the counselor were sought, obtained, or used to enable 18 anyone to commit or plan a crime or to escape detection or apprehension after the 19 commission of a crime; [OR] 20 (8) a criminal proceeding concerning criminal charges against a victim 21 of domestic violence or sexual assault where the victim is charged with a crime 22 (A) under AS 11.41 against a minor; or 23 (B) in which the physical, mental, or emotional condition of the 24 victim is raised in defense of the victim; or 25 (9) a communication by a victim counselor to a law enforcement 26 official who, in the performance of an official duty, is investigating a report of a 27 missing person who may be a victim; under this exception, a victim counselor may 28 communicate to the law enforcement official only whether the victim is missing 29 or not missing, based on the counselor's knowledge and records reasonably 30 available to the counselor. 31 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).