00               SENATE CS FOR 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.  AS 12.61.125(a) is amended to read:                                                                  
05            (a)  The defendant accused of a sexual offense, the defendant's counsel, or an                               
06       investigator or other person acting on behalf of the defendant, may not                                           
07                 (1)  notwithstanding AS 12.61.120, contact the victim of the offense or                                 
08       a witness to the offense if the victim or witness, or the parent or guardian of the victim                        
09       or witness if the victim or witness is a minor, has informed the defendant or the                                 
10       defendant's counsel in writing or in person that the victim or witness does not wish to                           
11       be contacted by the defense; a victim or witness who has not informed the defendant                               
12       or the defendant's counsel in writing or in person that the victim does not wish to be                            
13       contacted by the defense is entitled to rights as provided in AS 12.61.120;                                       
14                 (2)  obtain a statement from the victim of the offense or a witness to the                              

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