00                      CS FOR SENATE BILL NO. 117(JUD)                                                                   
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 amending Rule 801, Alaska Rules of                                          
03 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.  Rule 801(d), Alaska Rules of                                                   
08       Evidence is amended by adding a new paragraph to read:                                                            
09                 (3)  Recorded Statement by Child Victims of Crime.  The statement is a                                  
10       recorded statement by the victim of a crime who is less than 16 years of age and                                  
11                      (A)  the recording was made before the proceeding;                                                 
12                      (B)  the victim is available for cross-examination;                                                
13                      (C)  the prosecutor and any attorney representing the defendant                                    
14            were not present when the statement was taken;                                                               

01                      (D)  the recording is on videotape or other format that records                                    
02            both the visual and aural components of the statement;                                                       
03                      (E)  each person who participated in the taking of the statement                                   
04            is identified on the recording;                                                                              
05                      (F)  the taking of the statement as a whole was conducted in a                                     
06            manner that would avoid undue influence of the victim;                                                       
07                      (G)  the defense has been provided a reasonable opportunity to                                     
08            view the recording before the proceeding; and                                                                
09                      (H)  the court has had an opportunity to view the recording and                                    
10            determine that it is sufficiently reliable and trustworthy and that the interests of                         
11            justice are best served by admitting the recording into evidence.