HB 140: "An Act relating to juries in criminal cases; and providing for an effective date."
00 HOUSE BILL NO. 140 01 "An Act relating to juries in criminal cases; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.45 is amended by adding a new section to read: 04 Sec. 12.45.017. Role of jury. (a) Except as otherwise provided by law, the jury 05 is the exclusive judge of the facts. The jury is bound to receive the law from the court 06 and be governed thereby, except if a jury determines that a defendant is guilty 07 according to the law and that the law is unjustly applied to the defendant, the jury may 08 determine not to apply the law to the defendant and find the defendant not guilty or 09 guilty of a lesser included offense. 10 (b) A defendant has the right to inform the jury of the jury's power to judge 11 the just application of the law and to vote on the verdict according to conscience. 12 Failure to allow the defendant to inform the jury of the jury's power is grounds for a 13 mistrial. 14 (c) Notwithstanding any other law, the court shall allow the defendant to 15 present to the jury, for its consideration, evidence and testimony relevant to the
01 exercise of the jury's power under this section. 02 (d) The state may rebut any evidence introduced under this section with 03 evidence of a similar nature. 04 (e) This section applies only to an action tried to a jury under applicable 05 criminal law. This section does not create a right to a jury. 06 (f) A potential juror may not be excused or disqualified from serving on a jury 07 because the juror expresses a willingness to exercise a power granted to the jury under 08 this section. 09 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. This Act applies to juries impaneled on or after the effective date 12 of this Act. 13 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).