HB 172: "An Act establishing the office of victims' advocacy in the Department of Law; and amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence."
00HOUSE BILL NO. 172 01 "An Act establishing the office of victims' advocacy in the Department of Law; 02 and amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska 03 Delinquency Rules, and Rule 501, Alaska Rules of Evidence." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.55.023(b) is amended to read: 06 (b) A victim may submit to the sentencing court a written statement that the 07 victim believes is relevant to the sentencing decision [,] and may give sworn testimony 08 or make an unsworn oral presentation to the court at the sentencing hearing. If there 09 are numerous victims, the court may limit the number of victims who may give sworn 10 testimony or make an unsworn oral presentation during the hearing. When requested 11 by the victim of a felony or a class A misdemeanor, if the class A misdemeanor 12 is a crime involving domestic violence or a crime against a person under 13 AS 11.41, when the victim does not submit a statement, give testimony, or make 14 an oral presentation, the victims' advocate may submit a written statement or
01 make an unsworn oral presentation at the sentencing hearing on behalf of the 02 victim. 03 * Sec. 2. AS 12.61 is amended by adding new sections to read: 04 Article 2A. Office of Victims' Advocacy. 05 Sec. 12.61.200. Office of victims' advocacy established; duties. (a) The 06 office of victims' advocacy is established in the Department of Law. The office shall 07 be directed by the victims' advocate. The victims' advocate shall be appointed by the 08 attorney general and shall be an attorney admitted to practice law in this state. The 09 victims' advocate shall be in the partially exempt service under AS 39.25.120. The 10 office may employ assistant victims' advocates and clerical staff that the attorney 11 general determines are needed to perform the duties set out in this section. Assistant 12 victims' advocates and clerical staff employed by the office are in the classified service 13 under AS 39.25.100. 14 (b) The office of victims' advocacy shall 15 (1) work to ensure that victims of crimes receive the rights to which 16 they are entitled under the constitution and the laws of this state; 17 (2) when directed by the attorney general, perform the duties required 18 of the prosecuting attorney under AS 12.61.015; 19 (3) act as a liaison between state agencies and victims of crimes; 20 (4) advocate on behalf of crime victims in the courts of the state; and 21 (5) investigate and report on complaints of victims of crimes that state 22 agencies have not complied with the duties imposed on the agencies regarding victims 23 of crimes. 24 (c) The victims' advocate may establish procedures so that advocacy and 25 investigations on behalf of crime victims in felony cases take priority over advocacy 26 and investigations on behalf of crime victims in misdemeanor cases. 27 (d) Each state agency shall cooperate with the office of victims' advocacy 28 when the office is performing the duties imposed under this section. 29 (e) The state, the victims' advocate, and employees of the office of victims' 30 advocacy may not be held liable for damages for any failure to comply with the 31 requirements of this section.
01 Sec. 12.61.210. Advocacy on behalf of crime victims; records. (a) The 02 victims' advocate shall assist crime victims in obtaining the rights crime victims are 03 guaranteed under the constitution and laws of the state with regard to the contacts 04 crime victims have with the justice agencies of the state. 05 (b) The victims' advocate may make the statement a crime victim is authorized 06 to make under art. I, sec. 24, Constitution of the State of Alaska, and AS 12.55.023, 07 in a court of the state when requested by the crime victim and when the crime victim 08 does not personally make a statement. 09 (c) When advocating on behalf of a crime victim in an ongoing criminal case 10 or juvenile adjudication, the victims' advocate is entitled to all information available 11 to the parties to the case. 12 (d) Records obtained by the victims' advocate shall remain in the exclusive 13 custody of the victims' advocate. The victims' advocate may not disclose confidential 14 information to any person. 15 Sec. 12.61.220. Investigations. (a) The victims' advocate may investigate 16 complaints from crime victims that they have been denied the rights they are 17 guaranteed under the constitution and laws of this state. 18 (b) In an investigation, the victims' advocate may 19 (1) make inquiries and obtain information considered necessary; 20 (2) hold private hearings; and 21 (3) notwithstanding other provisions of law, have access at all times to 22 records of justice agencies, including court records of criminal prosecutions and 23 juvenile adjudications, necessary to ensure that the rights of crime victims are not 24 being denied. 25 (c) The victims' advocate shall maintain confidentiality with respect to all 26 matters and the identities of the complainants or witnesses coming before the victims' 27 advocate except insofar as disclosures may be necessary to enable the victims' advocate 28 to carry out duties and to support recommendations. However, the victims' advocate 29 may not disclose a confidential record obtained from a court or justice agency. 30 (d) Subject to the privileges that witnesses have in the courts of this state, the 31 victims' advocate may compel by subpoena, at a specified time and place, the
01 (1) appearance and sworn testimony of a person who the victims' 02 advocate reasonably believes may be able to give information relating to a matter 03 under investigation under this section; and 04 (2) production by a person of a record or object that the victims' 05 advocate reasonably believes may relate to the matter under investigation under this 06 section. 07 (e) If a person refuses to comply with a subpoena issued under (d) of this 08 section, the superior court may, on application of the victims' advocate, compel 09 obedience by proceedings for contempt in the same manner as in the case of 10 disobedience to the requirements of a subpoena issued by the court or refusal to testify 11 in the court. 12 (f) This section does not authorize the victims' advocate to issue a subpoena 13 to 14 (1) a justice, judge, magistrate, or a law clerk acting under the direction 15 of a justice, judge, or magistrate, concerning a judicial action or nonaction taken by, 16 or under the direction of, the justice, judge, or magistrate; 17 (2) a person acting under the direction of a justice, judge, or magistrate, 18 other than a law clerk, concerning a judicial action or nonaction taken by, or under the 19 direction of, a justice, judge, or magistrate except to establish the occurrence or 20 nonoccurrence of the action or nonaction or the person's own actions or nonactions; 21 this paragraph does not authorize the victims' advocate to inquire into the decision- 22 making or thought process of the justice, judge, or magistrate; 23 (3) a member of a jury concerning a matter that was considered by the 24 jury; or 25 (4) the person accused or convicted of committing the crime that is the 26 basis for the complaint, and investigation under this section, concerning a denial of 27 rights. 28 (g) Before giving an opinion or recommendation that is critical of a justice 29 agency or person as a result of an investigation under this section, the victims' 30 advocate shall consult with that agency or person. The victims' advocate may make 31 a preliminary opinion or recommendation available to the agency or person for review,
01 but the preliminary opinion or recommendation is confidential and may not be 02 disclosed to the public by the agency or person. 03 (h) The victims' advocate shall report the advocate's opinion and 04 recommendations to the attorney general if the victims' advocate finds, after 05 investigation under this section, that the agency has denied a crime victim rights the 06 crime victim is guaranteed under the constitution and laws of this state. 07 (i) The victims' advocate may request the attorney general to notify the 08 victims' advocate, within a specified time, of any action taken on the recommendations. 09 (j) The report provided under (h) of this section is confidential and may not 10 be disclosed to the public by the attorney general. The victims' advocate may disclose 11 the report under (k) of this section only after providing notice that the investigation has 12 been concluded to the agency and after receiving the written approval of the 13 complainant to release the report. 14 (k) Except as provided in (j) of this section, within a reasonable amount of 15 time after the victims' advocate reports the advocate's opinion and recommendations 16 to a justice agency, the victims' advocate may present the opinion and 17 recommendations to the governor, the legislature, a grand jury, the public, or any of 18 these. The victims' advocate shall include with the opinion any reply made by the 19 agency. 20 Sec. 12.61.230. Annual report. The victims' advocate shall submit to the 21 public an annual report of the victims' advocate's activities under AS 12.61.200 - 22 12.61.290 and notify the legislature that the report is available. 23 Sec. 12.61.240. Immunity of the victims' advocate. A civil action may not 24 be brought against the victims' advocate or a member of the victims' advocate's staff 25 for anything done, said, or omitted in performing the victims' advocate's duties or 26 responsibilities under AS 12.61.200 - 12.61.290. 27 Sec. 12.61.250. Victims' advocate's privilege not to testify. The victims' 28 advocate and the staff of the victims' advocate may not testify in a court regarding 29 matters coming to their attention in the exercise or purported exercise of their official 30 duties except as may be necessary to enforce the provisions of AS 12.61.200 - 31 12.61.290.
01 Sec. 12.61.260. Penalty. A person who knowingly hinders the lawful actions 02 of the victims' advocate or the staff of the victims' advocate, or who knowingly refuses 03 to comply with their lawful demands, is guilty of a misdemeanor and upon conviction 04 may be punished by a fine of not more than $1,000. In this section, "knowingly" has 05 the meaning given in AS 11.81.900. 06 Sec. 12.61.290. Definitions. In AS 12.61.200 - 12.61.290, "justice agency" 07 means a department, office, institution, corporation, authority, organization, 08 commission, committee, council, court, or board in the executive or judicial branches 09 of the state government that is, in any manner, involved with or responsible for the 10 apprehension, prosecution, incarceration, or supervision of criminal or juvenile 11 offenders; it also includes an officer, employee, or member of an agency acting or 12 purporting to act in the exercise of official duties, including the governor and 13 lieutenant governor, when acting with regard to executive clemency, judges, and 14 magistrates; 15 * Sec. 3. AS 39.25.120(c) is amended by adding a new paragraph to read: 16 (25) the victims' advocate established under AS 12.61.200. 17 * Sec. 4. AS 12.61.210 and 12.61.220, added by sec. 2 of this Act, have the effect of 18 amending Rule 16, Alaska Rules of Criminal Procedure, and Rule 9, Alaska Delinquency 19 Rules, by allowing the victims' advocate a right of access to information in criminal 20 prosecutions and juvenile adjudications that is equal to that available to criminal defendants 21 or juveniles when the advocate is engaging in advocacy or that is unlimited when the advocate 22 is engaging in investigations concerning victims' rights. 23 * Sec. 5. AS 12.61.250, added by sec. 2 of this Act, amends Rule 501, Alaska Rules of 24 Evidence, by creating a new privilege from being compelled to testify in a court.