00                            SENATE BILL NO. 117                                                                         
01 "An Act relating to the admissibility into evidence of the prior recorded statement of a                                
02 crime victim less than 16 years of age; and adding Rule 413, Alaska Rules of Evidence,                                  
03 and amending Rules 402 and 403, Alaska Rules of Evidence."                                                              
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
06 to read:                                                                                                              
07            DIRECT COURT RULE AMENDMENT.  The Alaska Rules of Evidence are                                               
08       amended by adding a new rule to read:                                                                             
09            Rule 413.  Certain Recorded Statements by Child Victims of Crime                                           
10       Relevant and Admissible.  Notwithstanding another provision of these rules, the                                 
11       recorded statement by the victim of a crime who is less than 16 years of age is always                            
12       relevant and admissible at a proceeding if                                                                        
13                 (1)  the recording was made before the proceeding;                                                      
14                 (2)  the victim is present at the proceeding and available to testify;                                  

01                 (3)  the prosecutor and any attorney representing the defendant were                                    
02       not present when the statement was taken;                                                                         
03                 (4)  the recording is on videotape or other format that records both the                                
04       visual and aural components of the statement;                                                                     
05                 (5)  each person who participated in the taking of the statement is                                     
06       identified on the recording;                                                                                      
07                 (6)  the taking of the statement as a whole was conducted in a manner                                   
08       that would avoid undue influence of the victim;                                                                   
09                 (7)  the defense has been provided a reasonable opportunity to view the                                 
10       recording before the proceeding; and                                                                              
11                 (8)  the court has viewed the recording and has determined that it is                                   
12       sufficiently reliable and trustworthy and that the interests of justice are best served by                        
13       admitting the recording into evidence.                                                                            
14    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
15 read:                                                                                                                   
16       INDIRECT COURT RULE AMENDMENT.  Section 1 of this Act has the effect of                                           
17 amending Rules 402 and 403, Alaska Rules of Criminal Procedure, by providing that certain                               
18 recorded statements of certain victims of crimes are always relevant and admissible.