SB 234: "An Act relating to criminal law and procedure; relating to limitations of actions; relating to electronic monitoring; relating to victims of criminal offenses; relating to eligibility dates for parole; and relating to the duties of the attorney general."
00 SENATE BILL NO. 234 01 "An Act relating to criminal law and procedure; relating to limitations of actions; 02 relating to electronic monitoring; relating to victims of criminal offenses; relating to 03 eligibility dates for parole; and relating to the duties of the attorney general." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.10.010(a) is amended to read: 06 (a) Prosecution for the following offenses may be commenced at any time: 07 (1) murder, manslaughter, or criminally negligent homicide under 08 AS 11.41.100 - 11.41.180; 09 (2) attempt, solicitation, or conspiracy to commit murder, 10 manslaughter, or criminally negligent homicide, or hindering the prosecution of 11 murder, manslaughter, or criminally negligent homicide; 12 (3) [FELONY] sexual abuse of a minor under AS 11.41.434 - 13 11.41.440; 14 (4) sexual assault under AS 11.41.410 - 11.41.430 [THAT IS AN
01 UNCLASSIFIED, CLASS A, OR CLASS B FELONY OR A VIOLATION OF 02 AS 11.41.425(a)(2) - (4)]; 03 (5) a violation of AS 11.41.450 - 11.41.460 [AS 11.41.425, 11.41.427, 04 11.41.450 - 11.41.458, AS 11.66.110 - 11.66.130,] or former AS 11.41.430, when 05 committed against a person who, at the time of the offense, was under 18 years of age; 06 (6) kidnapping; 07 (7) distribution of child pornography in violation of AS 11.61.125; 08 (8) sex trafficking under AS 11.66.110 - 11.66.135 [IN VIOLATION 09 OF AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR 10 CLASS B FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT 11 THE TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE]; 12 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 13 * Sec. 2. AS 12.30.011 is amended by adding a new subsection to read: 14 (f) A court may not authorize a defendant's release on electronic monitoring if 15 the defendant is charged with a felony crime against a person under AS 11.41. 16 * Sec. 3. AS 12.61.010(a) is amended to read: 17 (a) Victims of crimes have the following rights: 18 (1) the right to be present during any proceeding in 19 (A) the prosecution and sentencing of a defendant if the 20 defendant has the right to be present, including being present during testimony 21 even if the victim is likely to be called as a witness; 22 (B) the adjudication of a minor as provided under 23 AS 47.12.110; 24 (2) the right to be notified by the appropriate law enforcement agency 25 or the prosecuting attorney of any request for a continuance that may substantially 26 delay the prosecution and of the date of trial, sentencing, including a proceeding 27 before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 28 the defendant's release from custody is considered; 29 (3) the right to be notified that a sentencing hearing or a court 30 proceeding to which the victim has been subpoenaed will not occur as scheduled; 31 (4) the right to receive protection from harm and threats of harm
01 arising out of cooperation with law enforcement and prosecution efforts and to be 02 provided with information as to the protection available; 03 (5) the right to be notified of the procedure to be followed to apply for 04 and receive any compensation under AS 18.67; 05 (6) at the request of the prosecution or a law enforcement agency, the 06 right to cooperate with the criminal justice process without loss of pay and other 07 employee benefits except as authorized by AS 12.61.017 and without interference in 08 any form by the employer of the victim of crime; 09 (7) the right to obtain access to immediate medical assistance and not 10 to be detained for an unreasonable length of time by a law enforcement agency before 11 having medical assistance administered; however, an employee of the law 12 enforcement agency may, if necessary, accompany the person to a medical facility to 13 question the person about the criminal incident if the questioning does not hinder the 14 administration of medical assistance; 15 (8) the right to make a written or oral statement for use in preparation 16 of the presentence report of a felony defendant; 17 (9) the right to appear personally at the defendant's sentencing hearing 18 to present a written statement and to give sworn testimony or an unsworn oral 19 presentation; 20 (10) the right to be informed by the prosecuting attorney, at any time 21 after the defendant's conviction, about the complete record of the defendant's 22 convictions; 23 (11) the right to notice under AS 12.47.095 concerning the status of the 24 defendant found not guilty by reason of insanity; 25 (12) the right to notice under AS 33.16.087 of a hearing concerning 26 special medical parole of the defendant; 27 (13) the right to notice under AS 33.16.120 of a hearing to consider or 28 review discretionary parole of the defendant; 29 (14) the right to notice under AS 33.30.013 of the release or escape of 30 the defendant; [AND] 31 (15) the right to appoint a personal representative to act on behalf
01 of the victim and receive all rights of the victim provided under this subsection; 02 and 03 (16) the right to be notified orally and in writing of and receive 04 information about the office of victims' rights from the law enforcement officer 05 initially investigating the crime and from the prosecuting attorney assigned to the 06 offense; at a minimum, the information provided must include the address, telephone 07 number, and Internet address of the office of victims' rights; this paragraph 08 (A) applies only to victims of felonies and to victims of class A 09 misdemeanors if the class A misdemeanor is a crime involving domestic 10 violence or a crime against a person under AS 11.41; if the victim is an 11 unemancipated minor, the law enforcement officer and the prosecuting 12 attorney shall also provide the notice required by this paragraph to the parent 13 or guardian of the minor; 14 (B) is satisfied if, at the time of initial contact with the crime 15 victim, the investigating officer and prosecuting attorney each give each crime 16 victim a brochure or other written material prepared by the office of victims' 17 rights and provided to law enforcement agencies for that purpose. 18 * Sec. 4. AS 33.16.170(d) is amended to read: 19 (d) Except for portions containing personal medical, mental health, or 20 substance abuse treatment information or information that is otherwise required to be 21 kept confidential by state or federal law, parole eligibility dates, decisions of the 22 board, orders for parole, and parole conditions imposed by the board are not 23 confidential. The board shall post all eligibility dates for mandatory and 24 discretionary parole, decisions, orders of parole, and conditions imposed on a 25 publicly available Internet website with any confidential portions redacted. 26 * Sec. 5. AS 44.23.020 is amended by adding a new subsection to read: 27 (l) The attorney general shall decide whether to prosecute a case within five 28 business days after receiving the case from a law enforcement agency. If the attorney 29 general decides not to prosecute a case, the attorney general shall provide a written 30 explanation to the law enforcement agency describing why the attorney general will 31 not prosecute the case.
01 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. (a) AS 12.10.010(a), as amended by sec. 1 of this Act, applies to 04 offenses committed on or after the effective date of this Act. 05 (b) AS 33.16.170(d), as amended by sec. 4 of this Act, applies to parole granted 06 before, on, or after the effective date of this Act for conduct occurring before, on, or after the 07 effective date of this Act.