SB 176: "An Act relating to the admissibility of prior reports of sexual assault, sexual abuse of a minor, or unlawful exploitation of a minor in prosecutions of sexual assault, sexual abuse of a minor, unlawful exploitation of a minor, or an attempt to commit any of those crimes; and amending Rule 404(a), Alaska Rules of Evidence."
00 SENATE BILL NO. 176 01 "An Act relating to the admissibility of prior reports of sexual assault, sexual abuse of a 02 minor, or unlawful exploitation of a minor in prosecutions of sexual assault, sexual 03 abuse of a minor, unlawful exploitation of a minor, or an attempt to commit any of those 04 crimes; and amending Rule 404(a), Alaska Rules of Evidence." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.45 is amended by adding a new section to read: 07 Sec. 12.45.044. Evidence of prior reports of sexual assault or sexual abuse 08 of a minor in trials of certain sexual offenses. (a) In prosecutions for the crimes of 09 sexual assault in any degree, sexual abuse of a minor in any degree, unlawful 10 exploitation of a minor, or an attempt to commit any of these crimes, evidence that the 11 complaining witness has made a prior report of sexual assault in any degree, sexual 12 abuse of a minor in any degree, or unlawful exploitation of a minor may not be 13 admitted nor may reference be made to it in the presence of the jury except as 14 provided in this section. When the defendant seeks to admit the evidence for any
01 purpose, the defendant shall apply for an order of the court not later than five days 02 before trial or at a later time as the court may, for good cause, permit. After the 03 application is made, the court shall conduct a hearing in camera to determine the 04 admissibility of the evidence. The court may admit the evidence only if the court finds 05 that the 06 (1) evidence offered by the defendant regarding the prior report of 07 sexual assault, sexual abuse of a minor, or unlawful exploitation of a minor made by 08 the complaining witness is relevant; 09 (2) probative value of the evidence offered is not outweighed by the 10 probability that its admission will create undue prejudice, confusion of the issues, or 11 unwarranted invasion of the privacy of the complaining witness; 12 (3) evidence otherwise complies with all laws, regulations, and rules 13 governing the admission of evidence; and 14 (4) defendant has proved by clear and convincing evidence that the 15 (A) complaining witness has made a prior report of sexual 16 assault, sexual abuse of a minor, or unlawful exploitation of a minor; 17 (B) report was false; and 18 (C) complaining witness knew the report was false. 19 (b) A prior report of sexual assault in any degree, sexual abuse of a minor in 20 any degree, or unlawful exploitation of a minor is false for purposes of this section if 21 the evidence presented to the court establishes that the reported sexual assault, sexual 22 abuse of a minor, or unlawful exploitation of a minor did not, in fact, occur. 23 Recantation, delayed reporting, or noncooperation with law enforcement by the 24 complaining witness or lack of evidence corroborating the complaining witness' prior 25 report is not sufficient to show a prior report was false under this section. 26 (c) In the absence of a persuasive showing to the contrary, evidence of the 27 complaining witness' prior report of sexual assault, sexual abuse of a minor, or 28 unlawful exploitation of a minor occurring more than five years before the date of the 29 offense charged is presumed to be inadmissible under this section. 30 (d) In this section, "complaining witness" has the meaning given in 31 AS 12.45.045.
01 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 INDIRECT COURT RULE AMENDMENT. AS 12.45.044, enacted by sec. 1 of this 04 Act, has the effect of amending Rule 404(a), Alaska Rules of Evidence, by requiring a 05 defendant, with some exceptions, to request five days before trial that certain evidence about a 06 complaining witness be admitted into evidence. 07 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. AS 12.45.044, enacted by sec. 1 of this Act, applies to offenses 10 committed before, on, or after the effective date of this Act. 11 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 CONDITIONAL EFFECT. AS 12.45.044, enacted by sec. 1 of this Act, takes effect 14 only if sec. 2 of this Act receives the two-thirds majority vote of each house required by art. 15 IV, sec. 15, Constitution of the State of Alaska.