CSHB 348(JUD): "An Act relating to the rights of certain victims of crime to receive information about the office of victims' rights and the Violent Crimes Compensation Board."
00 CS FOR HOUSE BILL NO. 348(JUD) 01 "An Act relating to the rights of certain victims of crime to receive information about 02 the office of victims' rights and the Violent Crimes Compensation Board." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.61.010(a) is amended to read: 05 (a) Victims of crimes have the following rights: 06 (1) the right to be present during any proceeding in 07 (A) the prosecution and sentencing of a defendant if the 08 defendant has the right to be present, including being present during testimony 09 even if the victim is likely to be called as a witness; 10 (B) the adjudication of a minor as provided under 11 AS 47.12.110; 12 (2) the right to be notified by the appropriate law enforcement agency 13 or the prosecuting attorney of the date of trial, sentencing, including a proceeding 14 before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which
01 the defendant's release from custody is considered; 02 (3) the right to be notified that a sentencing hearing or a court 03 proceeding to which the victim has been subpoenaed will not occur as scheduled; 04 (4) the right to receive protection from harm and threats of harm 05 arising out of cooperation with law enforcement and prosecution efforts and to be 06 provided with information as to the protection available; 07 (5) the right to be notified of the procedure to be followed to apply for 08 and receive any compensation under AS 18.67; 09 (6) at the request of the prosecution or a law enforcement agency, the 10 right to cooperate with the criminal justice process without loss of pay and other 11 employee benefits except as authorized by AS 12.61.017 and without interference in 12 any form by the employer of the victim of crime; 13 (7) the right to obtain access to immediate medical assistance and not 14 to be detained for an unreasonable length of time by a law enforcement agency before 15 having medical assistance administered; however, an employee of the law 16 enforcement agency may, if necessary, accompany the person to a medical facility to 17 question the person about the criminal incident if the questioning does not hinder the 18 administration of medical assistance; 19 (8) the right to make a written or oral statement for use in preparation 20 of the presentence report of a felony defendant; 21 (9) the right to appear personally at the defendant's sentencing hearing 22 to present a written statement and to give sworn testimony or an unsworn oral 23 presentation; 24 (10) the right to be informed by the prosecuting attorney, at any time 25 after the defendant's conviction, about the complete record of the defendant's 26 convictions; 27 (11) the right to notice under AS 12.47.095 concerning the status of the 28 defendant found not guilty by reason of insanity; 29 (12) the right to notice under AS 33.16.087 of a hearing concerning 30 special medical parole of the defendant; 31 (13) the right to notice under AS 33.16.120 of a hearing to consider or
01 review discretionary parole of the defendant; [AND] 02 (14) the right to notice under AS 33.30.013 of the release or escape of 03 the defendant; and 04 (15) the right to be notified orally and in writing of and receive 05 information about the office of victims' rights from the law enforcement officer 06 initially investigating the crime and from the prosecuting attorney assigned to the 07 offense; at a minimum, the information provided must include the address, 08 telephone number, and Internet address of the office of victims' rights; this 09 paragraph 10 (A) applies only to victims of felonies and to victims of class 11 A misdemeanors if the class A misdemeanor is a crime involving domestic 12 violence or a crime against a person under AS 11.41; if the victim is an 13 unemancipated minor, the law enforcement officer and the prosecuting 14 attorney shall also provide the notice required by this paragraph to the 15 parent or guardian of the minor; 16 (B) is satisfied if, at the time of initial contact with the crime 17 victim, the investigating officer and prosecuting attorney each gives each 18 crime victim a brochure or other written material prepared by the office 19 of victims' rights and provided to law enforcement agencies for that 20 purpose. 21 * Sec. 2. AS 24.65.100 is amended by adding a new subsection to read: 22 (d) The victims' advocate shall provide written material to be given out to 23 victims of crime as required by AS 12.61.010. The written material must contain a 24 brief statement about the Violent Crimes Compensation Board and contact 25 information for that board.