00                            HOUSE BILL NO. 349                                                                          
01 "An Act amending Rule 412, Alaska Rules of Evidence."                                                                   
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
04 to read:                                                                                                                
05            DIRECT COURT RULE AMENDMENT.  Rule 412, Alaska Rules of                                                      
06       Evidence, is amended to read:                                                                                     
07            Rule 412.  Evidence Illegally Obtained.  Evidence illegally obtained shall not                             
08       be used over proper objection by the defendant in a criminal prosecution for any                                  
09       purpose except:                                                                                                   
10                 (1)  a statement illegally obtained in violation of the right to warnings                               
11       under Miranda v. Arizona, 384 U.S. 436 (1966), may be used in                                                     
12                      (A)  a prosecution for perjury if the statement is relevant to the                             
13            issue of guilt or innocence and if the prosecution shows that the statement was                              
14            otherwise voluntary and not coerced; or                                                                  
15                      (B)  any prosecution to impeach the person who made the                                        

01            statement if the prosecution shows that the statement was otherwise                                      
02            voluntary and not coerced; and                                                                           
03                 (2)  other evidence illegally obtained may be admitted in                                               
04                      (A)  a prosecution for perjury if it is relevant to issue of guilt or                          
05            innocence and if the prosecution shows that the evidence was not obtained in                                 
06            substantial violation of rights of the defendant; or                                                     
07                      (B)  any prosecution to impeach a witness if the prosecution                                   
08            shows that the evidence was not obtained in substantial violation of rights                              
09            of the witness.