CSSB 237(HES): "An Act relating to domestic violence and sexual assault; amending Rule 404, Alaska Rules of Evidence; and providing for an effective date."
00CS FOR SENATE BILL NO. 237(HES) 01 "An Act relating to domestic violence and sexual assault; amending Rule 404, 02 Alaska Rules of Evidence; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55.101(a) is amended to read: 05 (a) Before granting probation to a person convicted of a crime involving 06 domestic violence, the court shall consider the safety and protection of the victim and 07 any member of the victim's family. If a person convicted of a crime involving 08 domestic violence is placed on probation, the court may order the conditions 09 authorized in AS 12.55.100 and AS 18.66.100(c)(1) - (7) and (11), and may 10 (1) require the defendant to participate in and complete to the 11 satisfaction of the court one or more programs for the rehabilitation of perpetrators of 12 domestic violence that meet the standards set by, and that are approved by , the 13 Department of Corrections under AS 44.28.020(b) [,] if the program is available in the 14 community where the defendant resides; the court may not order a defendant to
01 participate in or complete a program for the rehabilitation of perpetrators of 02 domestic violence that does not meet the standards set, and that is not approved, 03 by the Department of Corrections under AS 44.28.020(b); 04 (2) require the defendant to refrain from the consumption of alcohol; 05 and 06 (3) impose any other condition necessary to protect the victim and any 07 members of the victim's family, or to rehabilitate the defendant. 08 * Sec. 2. AS 18.66.100(c)(15) is amended to read: 09 (15) order the respondent, at the respondent's expense, to participate in 10 (A) a program for the rehabilitation of perpetrators of domestic violence that meets the 11 standards set by, and that is approved by , the Department of Corrections under 12 AS 44.28.020(b), or (B) treatment for the abuse of alcohol or controlled substances, 13 or (A) and (B) [BOTH]; a protective order under this section may not require a 14 respondent to participate in a program for the rehabilitation of perpetrators of 15 domestic violence unless the program meets the standards set by, and that is 16 approved by, the Department of Corrections under AS 44.28.020(b); 17 * Sec. 3. AS 33.16.150(f) is amended to read: 18 (f) In addition to other conditions of parole imposed under this section, the 19 board may impose as a condition of special medical, discretionary, or mandatory parole 20 for a prisoner serving a term for a crime involving domestic violence (1) any of the 21 terms of protective orders under AS 18.66.100(c)(1) - (7); (2) a requirement that, at 22 the prisoner's expense, the prisoner participate in and complete, to the satisfaction of 23 the board, a program for the rehabilitation of perpetrators of domestic violence that 24 meets the standards set by, and that is approved by , the department under 25 AS 44.28.020(b); and (3) any other condition necessary to rehabilitate the prisoner. 26 The board shall establish procedures for the exchange of information concerning the 27 parolee with the victim and for responding to reports of nonattendance or 28 noncompliance by the parolee with conditions imposed under this subsection. The 29 board may not under this subsection require a prisoner to participate in and 30 complete a program for the rehabilitation of perpetrators of domestic violence 31 unless the program meets the standards set by, and is approved by, the
01 department under AS 44.28.020(b). 02 * Sec. 4. AS 44.28.020(b) is amended to read: 03 (b) The department shall, with the approval of the Council on Domestic 04 Violence and Sexual Assault, adopt standards, by regulation, for rehabilitation 05 programs for perpetrators of domestic violence as defined in AS 18.66.990. For 06 purposes of AS 12.55.101, AS 18.66.100(c), and AS 33.16.150(f), the department shall 07 approve a program if the department determines that the [DETERMINE 08 WHETHER A] program meets the standards. 09 * Sec. 5. AS 44.66.010(a)(11) is amended to read: 10 (11) Council on Domestic Violence and Sexual Assault (AS 18.66.010) 11 -- June 30, 2002 [1998]; 12 * Sec. 6. Rule 404(b)(3), Alaska Rules of Evidence, is amended to read: 13 (3) In a prosecution for a crime of sexual assault in any degree , 14 evidence of other sexual assaults or attempted sexual assaults by the defendant 15 against the same or another person is admissible if the defendant relies on a 16 defense of consent. In a prosecution for a crime of [OR] attempt to commit sexual 17 assault in any degree, evidence of other sexual assaults or attempted sexual assaults 18 by the defendant against the same or another person is admissible [IF THE 19 DEFENDANT RELIES ON A DEFENSE OF CONSENT]. 20 * Sec. 7. Rule 404(b)(4), Alaska Rules of Evidence, is amended to read: 21 (4) In a prosecution for a crime involving domestic violence or of 22 interfering with a report of a crime involving domestic violence, evidence of other acts 23 of [CRIMES INVOLVING] domestic violence by the defendant against the same or 24 another person or of interfering with a report of a crime involving domestic violence 25 is admissible. In this paragraph, "domestic violence" and "crime involving domestic 26 violence" have the meanings given in AS 18.66.990. 27 * Sec. 8. APPLICABILITY OF SECTIONS 6 AND 7. Sections 6 and 7 of this Act apply 28 to a criminal or juvenile proceeding held on or after the effective date of secs. 6 and 7, 29 regardless of whether the criminal offense or delinquent act occurred before, on, or after the 30 effective date of secs. 6 and 7. 31 * Sec. 9. Sections 1 - 3 of this Act take effect January 1, 1999.
01 * Sec. 10. Except for secs. 1 - 3 of this Act, this Act takes effect immediately under 02 AS 01.10.070(c).