00                     CS FOR HOUSE BILL NO. 349(JUD) am                                                                  
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 defendant,                                                

01            codefendant, or a former defendant in the case who made the statement if                                 
02            the prosecution shows that the statement was                                                             
03                           (i)  otherwise voluntary and not coerced; and                                             
04                           (ii)  recorded, if required by law, or has been                                           
05                 determined to be covered by one of the recognized exceptions to the                                 
06                 recording requirement; and                                                                          
07                 (2)  other evidence illegally obtained may be admitted in                                               
08                      (A)  a prosecution for perjury if it is relevant to the issue of                           
09            guilt or innocence and if the prosecution shows that the evidence was not                                    
10            obtained in substantial violation of rights of the defendant; or                                         
11                      (B)  any criminal action, to impeach the defendant,                                            
12            codefendant, or a former defendant in the case if the prosecution shows                                  
13            that the evidence was not obtained in substantial violation of rights of the                             
14            defendant, codefendant, or a former defendant in the case, as appropriate.