00                      CS FOR HOUSE BILL NO. 397(JUD)                                                                    
01 "An Act relating to defense contacts with and recordings of statements of victims and                                   
02 witnesses of sexual offenses."                                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new                                 
05 subsection to read:                                                                                                     
06       SHORT TITLE.  This Act may be known as the Brooke Act.                                                            
07    * Sec. 2.  AS 12.61.125(a) is amended to read:                                                                     
08            (a)  The defendant accused of a sexual offense, the defendant's counsel, or an                               
09       investigator or other person acting on behalf of the defendant, may not                                           
10                 (1)  notwithstanding AS 12.61.120, contact the victim of the offense or                                 
11       a witness to the offense if the victim or witness, or the parent or guardian of the victim                        
12       or witness if the victim or witness is a minor, has informed the defendant or the                                 
13       defendant's counsel in writing or in person that the victim or witness does not wish to                           
14       be contacted by the defense; a victim or witness who has not informed the defendant                               

01       or the defendant's counsel in writing or in person that the victim does not wish to be                            
02       contacted by the defense is entitled to rights as provided in AS 12.61.120;                                       
03                 (2)  obtain a statement from the victim of the offense or a witness to the                              
04       offense, unless,                                                                                                  
05                      (A)  if the statement is taken as a recording, the recording is                                    
06            taken in compliance with AS 12.61.120, and written authorization is first                                
07            obtained from the victim or witness, or from the parent or guardian of the                               
08            victim or witness if the victim or witness is a minor; the written                                       
09            authorization must state that the victim or witness is aware that there is                               
10            no legal requirement that the victim or witness talk to the defense; or                                  
11                      (B)  if the statement is not taken as a recording, written                                         
12            authorization is first obtained from the victim or witness, or from the parent or                            
13            guardian of the victim or witness if the victim or witness is a minor; the written                           
14            authorization must state that the victim or witness is aware that there is no                                
15            legal requirement that the victim or witness talk to the defense; a victim or                                
16            witness making a statement under this subparagraph remains entitled to rights                                
17            as provided in AS 12.61.120.