SCS CSHB 67(JUD): "An Act relating to release of certain persons alleged to have committed certain sexual offenses."
00SENATE CS FOR CS FOR HOUSE BILL NO. 67(JUD) 01 "An Act relating to release of certain persons alleged to have committed certain 02 sexual offenses." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.30 is amended by adding a new section to read: 05 Sec. 12.30.029. Release in sexual abuse and sexual assault cases. (a) 06 Before ordering release before trial of a person charged with a crime under 07 AS 11.41.410 - 11.41.438 or 11.41.450 - 11.41.458, the court shall consider the safety 08 of the alleged victim. The court may impose bail and any of the conditions authorized 09 under AS 12.30.020 and any other condition necessary to protect the alleged victim 10 and the public and to assure the appearance of the person in court. 11 (b) The court may impose any of the following conditions on a person charged 12 with an offense under AS 11.41.410 - 11.41.438 or 11.41.450 - 11.41.458 13 (1) that the person have no contact with the alleged victim except as 14 specifically allowed by the court;
01 (2) that the person reside in a place where the person is not likely to 02 come into contact with the alleged victim of the offense; and 03 (3) if the person is on medication, that the person take the medication 04 as prescribed. 05 (c) Before a judicial officer releases a person charged with an offense under 06 AS 11.41.410 - 11.41.438 or 11.41.450 - 11.41.458, the court shall 07 (1) assure that the alleged victim, or the alleged victim's parent or 08 guardian if the alleged victim is under 18 years of age, has been notified by a law 09 enforcement agency or the prosecuting attorney of the hearing where the release is 10 being considered, or a reasonable effort at notification has been made; 11 (2) solicit comments from the victim or the victim's parent or guardian 12 who is present and wishes to comment and consider those comments before making 13 a decision to release the person. 14 * Sec. 2. AS 12.30.040(b) is amended to read: 15 (b) Notwithstanding the provisions of (a) of this section, a person may not be 16 released on bail either before sentencing or pending appeal if the person has been 17 convicted of an offense that is 18 (1) an unclassified felony or a class A felony; [OR] 19 (2) a class B or class C felony if the person has been previously 20 convicted of an offense in this state that is an unclassified felony, a class A felony, or 21 a violation of AS 11.41.260, 11.41.420 - 11.41.425, or 11.41.436 - 11.41.438 or of an 22 offense in another jurisdiction with elements substantially similar to an offense of this 23 state described in this paragraph ; or 24 (3) a crime under AS 11.41.410 - 11.41.438 or 11.41.450 - 11.41.458 25 unless the court finds, if not released on bail, the person will remain in custody 26 before 27 (A) sentencing for a greater period than the term of 28 imprisonment the person is likely to be sentenced to serve; or 29 (B) appeal for a greater period than the term of 30 imprisonment the person was sentenced to serve . 31 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section
01 to read: 02 APPLICABILITY. This Act applies to criminal proceedings occurring on or after the 03 effective date of this Act regardless of whether the criminal offense occurred before, on, or 04 after the effective date of this Act.