SB 105: "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date."
00 SENATE BILL NO. 105 01 "An Act relating to victims' rights; relating to establishing an office of victims' rights; 02 relating to compensation of victims of violent crimes; relating to eligibility for a 03 permanent fund dividend for persons convicted of and incarcerated for certain offenses; 04 relating to notice of appropriations concerning victims' rights; amending Rule 16, 05 Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, 06 Alaska Rules of Evidence; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 SHORT TITLE. This Act may be known as the Crime Victims' Rights and Advocacy 11 Act of 2001. 12 * Sec. 2. AS 12.55.023(b) is amended to read: 13 (b) A victim may submit to the sentencing court a written statement that the
01 victim believes is relevant to the sentencing decision [,] and may give sworn testimony 02 or make an unsworn oral presentation to the court at the sentencing hearing. If there 03 are numerous victims, the court may reasonably limit the number of victims who may 04 give sworn testimony or make an unsworn oral presentation during the hearing. 05 When requested by the victim of a felony or a class A misdemeanor, if the class A 06 misdemeanor is a crime involving domestic violence or a crime against a person 07 under AS 11.41, when the victim does not submit a statement, give testimony, or 08 make an oral presentation, the victims' advocate may submit a written statement 09 or make an unsworn oral presentation at the sentencing hearing on behalf of the 10 victim. 11 * Sec. 3. AS 18.67.130(c) is amended to read: 12 (c) Compensation may not be awarded under this chapter in an amount in 13 excess of $30,000 [$25,000] per victim per incident. However, in the case of the death 14 of 15 (1) a victim who has more than one dependent eligible for 16 compensation, the total compensation that may be awarded as a result of that death 17 may not exceed $50,000; the [$40,000. THE] board may prorate the total awarded 18 among those dependents according to relative need; or 19 (2) two or more victims in the same incident who jointly have a 20 dependent eligible for compensation, the total compensation that may be 21 awarded as a result of those deaths may not exceed $50,000. 22 * Sec. 4. AS 24.60.990(a)(9) is amended to read: 23 (9) "legislative director" means the director of the legislative finance 24 division, the legislative auditor, the director of the legislative research agency, the 25 ombudsman, the victims' advocate, the executive director of the Legislative Affairs 26 Agency, and the directors of the divisions within the Legislative Affairs Agency; 27 * Sec. 5. AS 24 is amended by adding a new chapter to read: 28 Chapter 65. Office of Victims' Rights. 29 Sec. 24.65.010. Office of victims' rights. There is created in the legislative 30 branch of the state the office of victims' rights. The victims' advocate is the director of 31 the office of victims' rights.
01 Sec. 24.65.020. Appointment of the victims' advocate. (a) A candidate for 02 appointment as the victims' advocate shall be nominated by the victims' advocate 03 selection committee composed of three members of the senate appointed by the 04 president of the senate and three members of the house of representatives appointed by 05 the speaker of the house. One member of a minority party caucus in each house shall 06 be appointed to the selection committee. 07 (b) The victims' advocate selection committee shall examine persons to serve 08 as victims' advocate regarding their qualifications and ability and shall place the name 09 of the person selected in nomination. The appointment is effective if the nomination is 10 approved by a roll call vote of two-thirds of the members of the legislature in joint 11 session. The vote on the appointment shall be entered in the journals of both houses. 12 Sec. 24.65.030. Qualifications. A person may not serve as victims' advocate 13 (1) unless the person has been a resident of the state for the three years 14 immediately preceding the person's appointment; 15 (2) unless the person has been engaged in the active practice of law for 16 the three years immediately preceding the person's appointment; 17 (3) unless the person has significant experience in criminal law; 18 (4) unless the person is an attorney licensed to practice law in this 19 state; 20 (5) within one year of the last day on which the person served as a 21 member of the legislature; 22 (6) while the person is a candidate for or holds another national, state, 23 or municipal office; the victims' advocate may not become a candidate for national, 24 state, or municipal office until one year has elapsed from the date the victims' 25 advocate vacates the office of victims' advocate; 26 (7) while the person is engaged in another occupation for which the 27 person receives compensation; 28 (8) unless the person is at least 21 years of age and is a qualified voter. 29 Sec. 24.65.040. Term of office. (a) The term of office of the victims' advocate is 30 five years. A victims' advocate may be reappointed but may not serve for more than 31 three terms.
01 (b) If the term of a victims' advocate expires without the appointment of a 02 successor under this chapter, the incumbent victims' advocate may continue in office 03 until a successor is appointed. If the victims' advocate dies, resigns, becomes 04 ineligible to serve, or is removed or suspended from office, the person appointed as 05 acting victims' advocate under AS 24.65.070(a) serves until a new victims' advocate is 06 appointed for a full term. 07 Sec. 24.65.050. Removal. The legislature, by a concurrent resolution adopted 08 by a roll call vote of two-thirds of the members of each house entered in the journal, 09 may remove or suspend the victims' advocate from office, but only for neglect of duty, 10 misconduct, or disability. 11 Sec. 24.65.060. Compensation. The victims' advocate is entitled to receive 12 an annual salary equal to Step A, Range 26, on the salary schedule set out in 13 AS 39.27.011(a) for Juneau. 14 Sec. 24.65.070. Staff and delegation. (a) The victims' advocate shall appoint 15 a person to serve as acting victims' advocate in the absence of the victims' advocate. 16 The victims' advocate shall also appoint assistants and clerical personnel necessary to 17 carry out the provisions of this chapter. Subject to AS 36.30.020, the victims' 18 advocate may enter into personal services and other contracts the victims' advocate 19 finds necessary to carry out the provisions of this chapter. The victims' advocate shall, 20 to the maximum extent practicable, conduct the duties and work of the office by 21 entering into personal services and other contracts the victims' advocate finds 22 necessary to carry out the provisions of this chapter. 23 (b) The victims' advocate may delegate to the assistants any of the victims' 24 advocate's duties except those specified in AS 24.65.150 and 24.65.160; however, 25 during the victims' advocate's absence from the principal business offices, the victims' 26 advocate may delegate the duties specified in AS 24.65.150 and 24.65.160 to the 27 acting victims' advocate for the duration of the absence. The duties specified in 28 AS 24.65.150 and 24.65.160 shall be performed by the acting victims' advocate when 29 serving under AS 24.65.040(b). 30 (c) The victims' advocate and the staff appointed by the victims' advocate are 31 in the exempt service under AS 39.25.110 and are not subject to the employment
01 policies under AS 24.10 or AS 24.20. 02 Sec. 24.65.080. Office facilities and administration. (a) Subject to 03 restrictions and limitations imposed by the executive director of the Legislative Affairs 04 Agency, the administrative facilities and services of the Legislative Affairs Agency, 05 including computer, data processing, and teleconference facilities, may be made 06 available to the victims' advocate to be used in the management of the office of 07 victims' rights and to carry out the purposes of this chapter. 08 (b) The salary and benefits of the victims' advocate and the permanent staff of 09 the victims' advocate shall be paid through the same procedures used for payment of 10 the salaries and benefits of other permanent legislative employees. 11 (c) The victims' advocate shall submit a budget for each fiscal year to the 12 Alaska Legislative Council, and the council shall annually submit an estimated budget 13 to the governor for information purposes in the preparation of the executive budget. 14 After reviewing and approving, with or without modifications, the budget submitted 15 by the victims' advocate, the council shall submit the approved budget to the finance 16 committees of the legislature. 17 Sec. 24.65.090. Procedure. (a) The victims' advocate shall, by regulations 18 adopted under AS 44.62 (Administrative Procedure Act), establish procedures for 19 advocacy on behalf of crime victims, receiving and processing complaints, conducting 20 investigations, reporting findings, and ensuring that confidential information obtained 21 by the victims' advocate in the course of advocacy on behalf of a crime victim or in 22 the course of an investigation will not be improperly disclosed. The victims' advocate 23 may establish procedures so that advocacy and investigations on behalf of crime 24 victims in felony cases take a priority over advocacy and investigations on behalf of 25 crime victims in misdemeanor cases. 26 (b) The office of victims' rights may not charge fees for the submission or 27 investigation of complaints. 28 Sec. 24.65.100. Jurisdiction; duties. (a) The victims' advocate has 29 jurisdiction to advocate on behalf of crime victims of felony offenses or class A 30 misdemeanors, if the class A misdemeanor is a crime involving domestic violence or a 31 crime against a person under AS 11.41, in the courts of the state and to investigate the
01 complaints of crime victims of felony offenses or class A misdemeanors, if the class A 02 misdemeanor is a crime involving domestic violence or a crime against a person under 03 AS 11.41, that they have been denied their rights under the constitution and the laws 04 of the state. In this subsection, "crime involving domestic violence" has the meaning 05 given in AS 18.66.990. 06 (b) The victims' advocate shall exercise reasonable care to 07 (1) ensure that the victims' advocate's exercise of jurisdiction granted 08 under this section does not interfere with an ongoing criminal investigation or with a 09 criminal prosecution; 10 (2) prevent employees of the office of victims' rights from making 11 extrajudicial statements that the victims' advocate is prohibited from making under the 12 Alaska Rules of Professional Conduct. 13 (c) The victims' advocate may not advise, counsel, or advocate on behalf of a 14 victim in a way that would 15 (1) prevent or discourage a victim from cooperating in a criminal 16 investigation; 17 (2) encourage a victim to withhold evidence in a criminal 18 investigation; or 19 (3) prevent or discourage a victim from testifying in a criminal 20 proceeding. 21 Sec. 24.65.110. Advocacy on behalf of crime victims; records. (a) The 22 victims' advocate shall assist crime victims in obtaining the rights crime victims are 23 guaranteed under the constitution and laws of the state with regard to the contacts 24 crime victims have with the justice agencies of the state. 25 (b) The victims' advocate may make the statement a crime victim is authorized 26 to make under art. I, sec. 24, Constitution of the State of Alaska, and AS 12.55.023, in 27 a court of the state when requested by the crime victim and when the crime victim 28 does not personally make a statement. 29 (c) When advocating on behalf of a crime victim in an ongoing criminal case 30 or juvenile adjudication, the victims' advocate is entitled to all information available to 31 the defendant or juvenile.
01 (d) Records obtained by the victims' advocate shall remain in the exclusive 02 custody of the victims' advocate. The victims' advocate may not disclose confidential 03 information to any person. 04 Sec. 24.65.120. Investigations. (a) The victims' advocate may investigate 05 complaints from crime victims that they have been denied the rights they are 06 guaranteed under the constitution and laws of this state. 07 (b) In an investigation, the victims' advocate may 08 (1) make inquiries and obtain information considered necessary; 09 (2) hold private hearings; and 10 (3) notwithstanding other provisions of law, have access at all times to 11 records of justice agencies, including court records of criminal prosecutions and 12 juvenile adjudications, necessary to ensure that the rights of crime victims are not 13 being denied; with regard to court and prosecution records, the victims' advocate is 14 entitled to obtain access to every record that the defendant is entitled to access or 15 receive. 16 (c) The victims' advocate shall maintain confidentiality with respect to all 17 matters and the identities of the complainants or witnesses coming before the victims' 18 advocate except insofar as disclosures may be necessary to enable the victims' 19 advocate to carry out duties and to support recommendations. However, the victims' 20 advocate may not disclose a confidential record obtained from a court or justice 21 agency. 22 Sec. 24.65.130. Powers. (a) Subject to the privileges that witnesses have in 23 the courts of this state, the victims' advocate may compel by subpoena, at a specified 24 time and place, the 25 (1) appearance and sworn testimony of a person who the victims' 26 advocate reasonably believes may be able to give information relating to a matter 27 under investigation under AS 24.65.120; and 28 (2) production by a person of a record or object that the victims' 29 advocate reasonably believes may relate to the matter under investigation under 30 AS 24.65.120. 31 (b) If a person refuses to comply with a subpoena issued under (a) of this
01 section, the superior court may, on application of the victims' advocate, compel 02 obedience by proceedings for contempt in the same manner as in the case of 03 disobedience to the requirements of a subpoena issued by the court or refusal to testify 04 in the court. 05 (c) This section does not authorize the victims' advocate to issue a subpoena to 06 (1) a justice, judge, magistrate, or a law clerk acting under the 07 direction of a justice, judge, or magistrate, concerning a judicial action or nonaction 08 taken by, or under the direction of, the justice, judge, or magistrate; 09 (2) a person acting under the direction of a justice, judge, or 10 magistrate, other than a law clerk, concerning a judicial action or nonaction taken by, 11 or under the direction of, a justice, judge, or magistrate except to establish the 12 occurrence or nonoccurrence of the action or nonaction or the person's own actions or 13 nonactions; this paragraph does not authorize the victims' advocate to inquire into the 14 decision-making or thought process of the justice, judge, or magistrate; 15 (3) a member of a jury concerning a matter that was considered by the 16 jury; or 17 (4) the person accused or convicted of committing the crime that is the 18 basis for the complaint, and investigation under AS 24.65.120, concerning a denial of 19 rights. 20 Sec. 24.65.140. Consultation. Before giving an opinion or recommendation 21 that is critical of a justice agency or person as a result of an investigation under 22 AS 24.65.120, the victims' advocate shall consult with that agency or person. The 23 victims' advocate may make a preliminary opinion or recommendation available to the 24 agency or person for review, but the preliminary opinion or recommendation is 25 confidential and may not be disclosed to the public by the agency or person. 26 Sec. 24.65.150. Procedure after investigation. (a) The victims' advocate 27 shall report the advocate's opinion and recommendations to a justice agency if the 28 victims' advocate finds, after investigation under AS 24.65.120, that the agency has 29 denied a crime victim rights the crime victim is guaranteed under the constitution and 30 laws of this state. 31 (b) The victims' advocate may request the justice agency to notify the victims'
01 advocate, within a specified time, of any action taken on the recommendations. 02 (c) The report provided under (a) of this section is confidential and may not be 03 disclosed to the public by the justice agency. The victims' advocate may disclose the 04 report under AS 24.65.160 only after providing notice that the investigation has been 05 concluded to the agency and after receiving the written approval of the complainant to 06 release the report. 07 Sec. 24.65.160. Publication of recommendations. Except as provided in 08 AS 24.65.150(c), within a reasonable amount of time after the victims' advocate 09 reports the advocate's opinion and recommendations to a justice agency, the victims' 10 advocate may present the opinion and recommendations to the governor, the 11 legislature, a grand jury, the public, or any of these. The victims' advocate shall 12 include with the opinion any reply made by the agency. 13 Sec. 24.65.170. Annual report. The victims' advocate shall make available to 14 the public an annual report of the victims' advocate's activities under this chapter and 15 notify the legislature that the report is available. 16 Sec. 24.65.180. Judicial review. A proceeding or decision of the victims' 17 advocate may be reviewed in superior court only to determine if it is contrary to the 18 provisions of this chapter. 19 Sec. 24.65.190. Immunity of the victims' advocate. A civil action may not 20 be brought against the victims' advocate or a member of the victims' advocate's staff 21 for anything done, said, or omitted in performing the victims' advocate's duties or 22 responsibilities under this chapter. 23 Sec. 24.65.200. Victims' advocate's privilege not to testify or produce 24 documents or other evidence. The victims' advocate and the staff of the victims' 25 advocate may not be compelled to testify or produce documents or other evidence in a 26 court regarding matters coming to their attention in the exercise or purported exercise 27 of their official duties except as may be necessary to enforce the provisions of this 28 chapter. 29 Sec. 24.65.210. Penalty. A person who knowingly hinders the lawful actions 30 of the victims' advocate or the staff of the victims' advocate, or who knowingly refuses 31 to comply with their lawful demands, is guilty of a misdemeanor and upon conviction
01 may be punished by a fine of not more than $1,000. In this section, "knowingly" has 02 the meaning given in AS 11.81.900. 03 Sec. 24.65.250. Definitions. In this chapter, 04 (1) "justice agency" means a department, office, institution, 05 corporation, authority, organization, commission, committee, council, court, or board 06 in the executive or judicial branches of the state government that is, in any manner, 07 involved with or responsible for the apprehension, prosecution, incarceration, or 08 supervision of criminal or juvenile offenders; it also includes an officer, employee, or 09 member of an agency acting or purporting to act in the exercise of official duties, 10 including the governor and lieutenant governor, when acting with regard to executive 11 clemency, judges, and magistrates; 12 (2) "victim" has the meaning given in AS 12.55.185. 13 * Sec. 6. AS 39.25.120(c) is amended by adding a new paragraph to read: 14 (20) the victims' advocate established under AS 24.65.010 and the 15 advocate's staff. 16 * Sec. 7. AS 39.27.022(d) is amended to read: 17 (d) This section applies to employees of the legislature only if the committee 18 responsible for adopting employment policies concerning the employee adopts a 19 written policy that the section applies. This section applies to the employees of the 20 office of the ombudsman only if the ombudsman adopts a policy that the section 21 applies. This section applies to the employees of the office of victims' rights only 22 if the victims' advocate adopts a policy that the section applies. 23 * Sec. 8. AS 39.35.385(f) is amended to read: 24 (f) Subject to AS 39.35.450, an employee is eligible for a normal retirement 25 benefit at age 60 or an early retirement benefit at age 55 if the employee was first 26 hired as a legislative employee before May 30, 1987, and has at least 60 days of 27 credited service as an employee of the legislature, other than as an employee of the 28 Office of the Ombudsman or the office of victims' rights, during each of five 29 legislative sessions. An employee who was first hired as a legislative employee on or 30 after May 30, 1987, and is otherwise eligible under this subsection must have at least 31 80 days of credited service during each of five legislative sessions to receive benefits
01 under this subsection. 02 * Sec. 9. AS 43.23.005(d) is amended to read: 03 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 04 not eligible for a permanent fund dividend for a dividend year when 05 (1) during the qualifying year, the individual was sentenced as a result 06 of conviction in this state of a felony; 07 (2) during all or part of the qualifying year, the individual was 08 incarcerated as a result of the conviction in this state of a 09 (A) felony; or 10 (B) misdemeanor if the individual has been convicted of 11 (i) a prior felony as defined in AS 11.81.900; or 12 (ii) two or more prior misdemeanors [CRIMES] as 13 defined in AS 11.81.900. 14 * Sec. 10. AS 43.23.028 is amended to read: 15 Sec. 43.23.028. Public notice. (a) By October 1 of each year, the 16 commissioner shall give public notice of the value of each permanent fund dividend 17 for that year and notice of the information required to be disclosed under (3) of this 18 subsection. In addition, the stub attached to each individual dividend check and direct 19 deposit advice must 20 (1) disclose the amount of each dividend attributable to income earned 21 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 22 Constitution of the State of Alaska; 23 (2) disclose the amount of each dividend attributable to income earned 24 by the permanent fund from appropriations to that fund and from amounts added to 25 that fund to offset the effects of inflation; 26 (3) disclose the amount by which each dividend has been reduced due 27 to each appropriation from the dividend fund, including amounts to pay the costs of 28 administering the dividend program and the hold harmless provisions of 29 AS 43.23.075; 30 (4) include a statement that an individual is not eligible for a dividend 31 when
01 (A) during the qualifying year, the individual was convicted of 02 a felony; 03 (B) during all or part of the qualifying year, the individual was 04 incarcerated as a result of the conviction of a 05 (i) felony; or 06 (ii) misdemeanor if the individual has been convicted of 07 a prior felony or two or more prior misdemeanors [CRIMES]; 08 (5) include a statement that the legislative purpose for making 09 individuals listed under (4) of this subsection ineligible is to 10 (A) obtain reimbursement for some of the costs imposed on the 11 state criminal justice system related to incarceration or probation of those 12 individuals; 13 (B) provide funds for services for and payments to crime 14 victims and for grants for the operation of domestic violence and sexual assault 15 programs; 16 (6) disclose the total amount that would have been paid during the 17 previous fiscal year to individuals who were ineligible to receive dividends under 18 AS 43.23.005(d) if they had been eligible; 19 (7) disclose the total amount appropriated for the current fiscal year 20 under (b) of this section for each of the funds and agencies listed in (b) of this section. 21 (b) To the extent that amounts appropriated for a fiscal year do not exceed the 22 total amount that would have been paid during the previous fiscal year to individuals 23 who were ineligible to receive dividends under AS 43.23.005(d) if they had been 24 eligible, the notice requirements of (a)(3) of this section do not apply to appropriations 25 from the dividend fund to [THE] 26 (1) the crime victim compensation fund established under 27 AS 18.67.162 for payments to crime victims; 28 (2) the council on domestic violence and sexual assault established 29 under AS 18.66.010 for grants for the operation of domestic violence and sexual 30 assault programs; [OR] 31 (3) the Department of Corrections for incarceration and probation
01 programs; or 02 (4) the office of victims' rights. 03 * Sec. 11. AS 44.62.040(c) is amended to read: 04 (c) Before submitting the regulations and orders of repeal to the lieutenant 05 governor under (a) of this section, every state agency that by statute possesses 06 regulation making authority, except boards and commissions, the office of victims' 07 rights, and the office of the ombudsman, shall submit to the governor for review a 08 copy of every regulation or order of repeal adopted by the agency, except regulations 09 and orders of repeal identified in (a)(1) - (2) of this section. The governor may review 10 the regulations and orders of repeal received under this subsection. The governor may 11 return the regulations and orders of repeal to the adopting agency before they are 12 submitted to the lieutenant governor for filing under (a) of this section [,] (1) if they 13 are inconsistent with the faithful execution of the laws, or (2) to enable the adopting 14 agency to respond to specific issues raised by the Administrative Regulation Review 15 Committee. The governor may not delegate the governor's review authority under this 16 subsection to a person other than the lieutenant governor. 17 * Sec. 12. AS 44.62.215 is amended to read: 18 Sec. 44.62.215. Record of public comment. In the drafting, review, or other 19 preparation of a proposed regulation, amendment, or order of repeal, an agency, other 20 than a board or commission, the office of victims' rights, and the office of the 21 ombudsman, shall keep a record of its use or rejection of factual or other substantive 22 information that is submitted in writing as public comment and that is relevant to the 23 accuracy, coverage, or other aspect of the proposed regulatory action. 24 * Sec. 13. AS 44.66.050(c) is amended to read: 25 (c) A determination as to whether a board or commission or agency program 26 has demonstrated a public need for its continued existence must take into 27 consideration the following factors: 28 (1) the extent to which the board, commission, or program has 29 operated in the public interest; 30 (2) the extent to which the operation of the board, commission, or 31 agency program has been impeded or enhanced by existing statutes, procedures, and
01 practices that it has adopted, and any other matter, including budgetary, resource, and 02 personnel matters; 03 (3) the extent to which the board, commission, or agency has 04 recommended statutory changes that are generally of benefit to the public interest; 05 (4) the extent to which the board, commission, or agency has 06 encouraged interested persons to report to it concerning the effect of its regulations 07 and decisions on the effectiveness of service, economy of service, and availability of 08 service that it has provided; 09 (5) the extent to which the board, commission, or agency has 10 encouraged public participation in the making of its regulations and decisions; 11 (6) the efficiency with which public inquiries or complaints regarding 12 the activities of the board, commission, or agency filed with it, with the department to 13 which a board or commission is administratively assigned, or with the office of 14 victims' rights or the office of the ombudsman have been processed and resolved; 15 (7) the extent to which a board or commission that regulates entry into 16 an occupation or profession has presented qualified applicants to serve the public; 17 (8) the extent to which state personnel practices, including affirmative 18 action requirements, have been complied with by the board, commission, or agency to 19 its own activities and the area of activity or interest; and 20 (9) the extent to which statutory, regulatory, budgeting, or other 21 changes are necessary to enable the agency, board, or commission to better serve the 22 interests of the public and to comply with the factors enumerated in this subsection. 23 * Sec. 14. AS 44.99.240(2) is amended to read: 24 (2) "state agency" means 25 (A) a department, institution, board, commission, division, 26 authority, public corporation, or other administrative unit of the executive 27 branch, including the University of Alaska and the Alaska Railroad 28 Corporation; 29 (B) a committee, division, or administrative unit of the 30 legislative branch, including the Alaska Legislative Council, the leadership of 31 each house, the office of victims' rights, and the office of the ombudsman;
01 (C) an administrative unit of the judicial branch, including the 02 Alaska Judicial Council and the Commission on Judicial Conduct. 03 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 INDIRECT COURT RULE AMENDMENT. AS 24.65.110 and 24.65.120, added by 06 sec. 5 of this Act, have the effect of amending Rule 16, Alaska Rules of Criminal Procedure, 07 and Rule 9, Alaska Delinquency Rules, by allowing the victims' advocate a right of access to 08 information in criminal prosecutions and juvenile adjudications that is equal to that available 09 to criminal defendants or juveniles when the advocate is engaging in advocacy or that is 10 unlimited when the advocate is engaging in investigations concerning victims' rights. 11 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 INDIRECT COURT RULE AMENDMENT. AS 24.65.200, added by sec. 5 of this 14 Act, amends Rule 501, Alaska Rules of Evidence, by creating a new privilege from being 15 compelled to testify in a court. 16 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TRANSITION. Notwithstanding the effective date of secs. 1 - 8 and 11 - 16 of this 19 Act, to the extent that there are appropriations for the purpose, the executive director of the 20 Legislative Affairs Agency may purchase supplies and equipment, obtain office space, and 21 employ clerical staff so that the office of victims' rights, created in sec. 5 of this Act, is able to 22 begin work on July 1, 2002. 23 * Sec. 18. Sections 9, 10, and 17 of this Act take effect immediately under 24 AS 01.10.070(c). 25 * Sec. 19. Sections 1 - 8 and 11 - 16 of this Act take effect July 1, 2002.