CSHB 67(JUD): "An Act relating to criminal law and procedure; relating to grand juries; relating to the crime of stalking; relating to consecutive sentencing for violation of conditions of release; relating to the duty to register as a sex offender; amending the definition of 'sex offense'; amending the definition of 'crime involving domestic violence'; relating to multidisciplinary child protection teams; amending Rules 5(e), 6, and 6.1, Alaska Rules of Criminal Procedure; repealing Rules 6.1(b)(2) and (3), Alaska Rules of Criminal Procedure; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 67(JUD) 01 "An Act relating to criminal law and procedure; relating to grand juries; relating to the 02 crime of stalking; relating to consecutive sentencing for violation of conditions of 03 release; relating to the duty to register as a sex offender; amending the definition of 'sex 04 offense'; amending the definition of 'crime involving domestic violence'; relating to 05 multidisciplinary child protection teams; amending Rules 5(e), 6, and 6.1, Alaska Rules 06 of Criminal Procedure; repealing Rules 6.1(b)(2) and (3), Alaska Rules of Criminal 07 Procedure; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 10 to read: 11 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that 12 safeguarding the constitution is not solely the responsibility of the courts and that every 13 branch of state government has a duty to uphold the constitution. When the foundational
01 institutions outlined in the constitution are disregarded or marginalized, it is imperative for the 02 legislature to fortify those institutions. 03 (b) It is the intent of the legislature to protect the constitutional rights of citizens of 04 the state by empowering the grand jury to seek justice and minimize trauma to victims while 05 upholding due process. 06 (c) The legislature further finds that a grand jury's constitutional duties to return 07 indictments and investigate matters concerning public welfare and safety are complementary 08 and must be performed in a manner that protects citizens' constitutional rights. 09 (d) It is the intent of the legislature that Rule 6(s), Alaska Rules of Criminal 10 Procedure, as amended by sec. 25 of this Act, overturns the decision of the Alaska Court of 11 Appeals in State v. Powell, 487 P.3d 609 (Alaska App. 2021), to the extent the decision held 12 that hearsay evidence admissible under the hearsay exception under Rule 801(d)(3), Alaska 13 Rules of Evidence, is inadmissible at grand jury if certain foundational requirements cannot 14 be met at the time of grand jury. 15 * Sec. 2. AS 09.20.080 is amended by adding a new subsection to read: 16 (c) The jury panel for a grand jury includes not fewer than two alternate 17 jurors. The presiding judge shall designate the alternate jurors at the time a grand jury 18 is selected. 19 * Sec. 3. AS 09.20.090 is amended by adding a new subsection to read: 20 (b) When a grand jury is impaneled, the court shall provide the jury with 21 written instructions that include state statutes relating to grand juries. 22 * Sec. 4. AS 11.41.260(a) is amended to read: 23 (a) A person commits the crime of stalking in the first degree if the person 24 violates AS 11.41.270 and 25 (1) the actions constituting the offense are in violation of an order 26 issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 27 under former AS 25.35.010(b) or 25.35.020; 28 (2) the actions constituting the offense are in violation of a condition of 29 probation, release before trial, release after conviction, or parole; 30 (3) the victim is under 16 years of age; 31 (4) at any time during the course of conduct constituting the offense,
01 the defendant possessed a deadly weapon; 02 (5) the defendant has been previously convicted of a crime under this 03 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 04 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 05 AS 11.56.740; or 06 (6) the defendant has been previously convicted of a crime, or an 07 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 08 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 09 law or an ordinance of this or another jurisdiction with elements similar to a crime, or 10 an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 12 involving the same victim as the present offense. 13 * Sec. 5. AS 12.40.030 is amended to read: 14 Sec. 12.40.030. Duty of inquiry into crimes and general powers. The grand 15 jury shall inquire into all crimes committed or triable within the jurisdiction of the 16 court and present them to the court. The grand jury shall have the power to initiate 17 investigations, investigate, issue indictments consistent with AS 12.40.170, and 18 make recommendations concerning the public welfare or safety. The power of grand 19 juries to investigate and make recommendations concerning the public welfare or 20 safety may not be limited or suspended. 21 * Sec. 6. AS 12.40.030 is amended by adding new subsections to read: 22 (b) An individual grand juror may propose that the grand jury investigate a 23 matter concerning the public welfare or safety. If, after a reasonable time for 24 consideration, as established by a majority of the grand jury members, the grand jury 25 determines that the matter should be investigated, the grand jury shall initiate an 26 investigation. 27 (c) For purposes of this section, a matter that concerns a private cause of 28 action, or a matter that could be the basis of a civil claim, does not qualify as a matter 29 concerning the public welfare or safety. 30 * Sec. 7. AS 12.40.040 is amended to read: 31 Sec. 12.40.040. Juror to disclose knowledge of crime. If an individual grand
01 juror knows or has reason to believe that a crime has been committed that is triable by 02 the court, the juror shall disclose it to 03 (1) the other jurors, who shall investigate it; and 04 (2) the prosecuting attorney or presiding judge. 05 * Sec. 8. AS 12.40.050 is amended to read: 06 Sec. 12.40.050. Holding to answer as affecting indictment or presentment. 07 The grand jury may indict or present a person for a crime upon sufficient evidence, 08 whether that person has been held to answer for the crime or not. The grand jury 09 may direct the prosecutor to prepare an indictment. 10 * Sec. 9. AS 12.40.070 is amended to read: 11 Sec. 12.40.070. Duty of prosecuting attorney. The prosecuting attorney 12 (1) shall submit an indictment to the grand jury and cause the evidence 13 in support of the indictment to be brought before them in every case when a person is 14 held to answer a criminal charge in the court where the jury is formed; 15 (2) may submit an indictment in any case when the prosecuting 16 attorney has good reason to believe a crime has been committed that is triable by the 17 court; [AND] 18 (3) shall, when required by the grand jury, prepare indictments or 19 presentments for them or a replacement grand jury and attend their sittings to advise 20 them in relation to their duties or to examine witnesses in their presence; and 21 (4) make arrangements for a citizen to speak with a grand jury as 22 provided under AS 12.40.140. 23 * Sec. 10. AS 12.40.090 is amended by adding a new subsection to read: 24 (b) Violation of (a) of this section is a class A misdemeanor. 25 * Sec. 11. AS 12.40.100 is amended by adding a new subsection to read: 26 (d) Only evidence that could be admissible at trial may be included in an 27 indictment. 28 * Sec. 12. AS 12.40.110 is repealed and reenacted to read: 29 Sec. 12.40.110. Hearsay evidence. (a) All evidence or information may be 30 presented to the grand jury. A witness may be presented to summarize admissible 31 evidence if the admissible evidence will be available at trial.
01 (b) The prosecuting attorney shall, before indictment, inform the grand jury if 02 information presented to the grand jury may be considered hearsay or determined 03 inadmissible at trial by the court. 04 (c) Information that would be inadmissible at trial may be included in a report 05 by the grand jury. 06 * Sec. 13. AS 12.40 is amended by adding new sections to read: 07 Sec. 12.40.120. Obstructing a grand jury. (a) A person commits the crime of 08 obstructing a grand jury if the person intentionally fails to give or directs, orders, 09 threatens, restrains, coerces, forces, or prevents another person from giving full 10 cooperation to the grand jury in assembling or furnishing requested information to the 11 grand jury. 12 (b) It is not a violation of (a) of this section if a prosecutor or judicial officer 13 (1) informs a grand jury of its ability to refer matters to an 14 ombudsman; 15 (2) explains potential consequences of a grand jury investigation, 16 including a grand jury investigation's interference with an investigation by law 17 enforcement; 18 (3) advises a grand jury of the time commitment that may be required 19 to investigate a matter brought before it; 20 (4) gives instructions or explains procedure to the grand jury for 21 another reason before or during an investigation. 22 (c) Obstructing a grand jury is a class A misdemeanor. 23 Sec. 12.40.130. Prosecutorial misconduct. If a grand jury investigation 24 concerns possible prosecutorial misconduct or misconduct on the part of an employee 25 or agent of the Department of Law so that having a prosecuting attorney or the 26 Department of Law proceed with an investigation would create an appearance of 27 impropriety or conflict, the prosecuting attorney shall immediately advise the attorney 28 general. The attorney general shall appoint a neutral attorney to assist the grand jury in 29 its investigation and the preparation of its report. 30 Sec. 12.40.140. Citizen investigation requests. If a citizen who is not serving 31 on a grand jury believes a matter of public welfare or safety should be investigated by
01 a grand jury, the citizen may speak with a prosecuting attorney. The prosecuting 02 attorney shall make arrangements for the citizen to speak with the grand jury under 03 AS 12.40.070. A majority of grand jury members shall determine whether an 04 investigation into the citizen's concern is warranted. 05 Sec. 12.40.150. Reports. A grand jury shall make a report only upon the 06 concurrence of a majority of the total number of grand jurors on the grand jury. A 07 foreperson shall sign the grand jury report. A grand jury report may include 08 allegations of criminal conduct. 09 Sec. 12.40.160. Subpoena power. While conducting an investigation and 10 preparing a report concerning a matter of public welfare or safety, a grand jury may, 11 upon approval of a majority of the grand jurors, issue a subpoena to compel testimony 12 from witnesses or to compel the production of documents. A subpoena may be issued 13 only after due consideration by the grand jury of the reasonableness of the proposed 14 subpoena and the necessity of the anticipated testimony or documents. 15 Sec. 12.40.170. Due Process. If, while conducting an investigation, a grand 16 jury requests or receives information that may be considered prejudicial or 17 inadmissible in court, the prosecuting attorney shall inform the grand jury of the 18 ramifications and emphasize that inclusion of the information may jeopardize the 19 validity of an indictment issued by the grand jury. If the grand jury proceeds with the 20 investigation despite the inclusion of prejudicial or inadmissible evidence, the grand 21 jury may request that any indictment based on that investigation be transferred to 22 another grand jury. The grand jury has a right to continue the investigation and 23 produce a grand jury report containing recommendations related to matters of public 24 welfare or safety. 25 Sec. 12.40.180. Replacement grand jury. If a grand jury requests that an 26 indictment be brought before another grand jury under AS 12.40.170, a new grand 27 jury shall be convened to pursue the indictment and the court may extend the time 28 limit for preliminary examination to 20 days. 29 Sec. 12.40.190. Peace officer testimony. If the testimony presented by a peace 30 officer to a grand jury is inaccurate because of intentional or negligent misstatements 31 or omissions and the defendant shows that the inaccuracy prejudices substantial rights
01 of the defendant, the court shall dismiss an indictment resulting from the testimony. 02 * Sec. 14. AS 12.45.045(a) is amended to read: 03 (a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse 04 of a minor in any degree, unlawful exploitation of a minor, sex trafficking in any 05 degree, or an attempt to commit any of these crimes, evidence of the sexual conduct 06 of the complaining witness, occurring either before or after the offense charged, may 07 not be admitted nor may reference be made to it in the presence of the jury except as 08 provided in this section. When the defendant seeks to admit the evidence for any 09 purpose, the defendant shall apply for an order of the court not later than five days 10 before trial or at a later time as the court may, for good cause, permit. The defendant 11 may, for good cause shown, apply for an order during trial if the request is based on 12 information learned after the deadline or during the trial. After the application is made, 13 the court shall conduct a hearing in camera to determine the admissibility of the 14 evidence. If the court finds that evidence offered by the defendant regarding the sexual 15 conduct of the complaining witness is relevant, and that the probative value of the 16 evidence offered is not outweighed by the probability that its admission will create 17 undue prejudice, confusion of the issues, or unwarranted invasion of the privacy of the 18 complaining witness, the court shall make an order stating what evidence may be 19 introduced and the nature of the questions that may be permitted. The defendant may 20 then offer evidence under the order of the court. 21 * Sec. 15. AS 12.55.127(c) is amended to read: 22 (c) If the defendant is being sentenced for 23 (1) escape, the term of imprisonment shall be consecutive to the term 24 for the underlying crime; 25 (2) two or more crimes under AS 11.41, a consecutive term of 26 imprisonment shall be imposed for at least 27 (A) the mandatory minimum term under AS 12.55.125(a) for 28 each additional crime that is murder in the first degree; 29 (B) the mandatory minimum term for each additional crime 30 that is an unclassified felony governed by AS 12.55.125(b); 31 (C) the presumptive term specified in AS 12.55.125(c) or the
01 active term of imprisonment, whichever is less, for each additional crime that 02 is 03 (i) manslaughter; or 04 (ii) kidnapping that is a class A felony; 05 (D) two years or the active term of imprisonment, whichever is 06 less, for each additional crime that is criminally negligent homicide; 07 (E) one-fourth of the presumptive term under AS 12.55.125(c) 08 or (i) for each additional crime that is sexual assault in the first degree under 09 AS 11.41.410 or sexual abuse of a minor in the first degree under 10 AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 11 offenses; and 12 (F) some additional term of imprisonment for each additional 13 crime, or each additional attempt or solicitation to commit the offense, under 14 AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 15 11.41.500 - 11.41.520; 16 (3) two or more crimes of violation of condition of release under 17 AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 18 additional term of imprisonment for the underlying crime and each additional 19 crime under AS 11.56.757. 20 * Sec. 16. AS 12.63.010(b) is amended to read: 21 (b) A sex offender or child kidnapper required to register under (a) of this 22 section shall register with the Department of Corrections if the sex offender or child 23 kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 24 police department located nearest to where the sex offender or child kidnapper resides 25 at the time of registration. To fulfill the registration requirement, the sex offender or 26 child kidnapper shall 27 (1) complete a registration form that includes the following 28 information, if applicable: [, AT A MINIMUM,] 29 (A) the sex offender's or child kidnapper's full name, mailing 30 and physical addresses, school address, telephone numbers used by the sex 31 offender or child kidnapper, social security number, passport
01 information, citizenship status, physical address of employment, name of 02 employer, job title [PLACE OF EMPLOYMENT], and date of birth; 03 (B) each conviction for a sex offense or child kidnapping for 04 which the duty to register has not terminated under AS 12.63.020, the date of 05 the sex offense or child kidnapping convictions, the place and court of the sex 06 offense or child kidnapping convictions, and whether the sex offender or child 07 kidnapper has been unconditionally discharged from the conviction for a sex 08 offense or child kidnapping and the date of the unconditional discharge; if the 09 sex offender or child kidnapper asserts that the offender or kidnapper has been 10 unconditionally discharged, the offender or kidnapper shall supply proof of 11 that discharge acceptable to the department; 12 (C) all aliases used; 13 (D) the sex offender's or child kidnapper's driver's license 14 number; 15 (E) the description, license numbers, and vehicle identification 16 numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 17 recreational vehicles, the sex offender or child kidnapper has access to, 18 regardless of whether that access is regular or not; 19 (F) any identifying features of the sex offender or child 20 kidnapper; 21 (G) anticipated changes of address and any temporary 22 lodging used by the sex offender or child kidnapper; 23 (H) a statement concerning whether the offender or kidnapper 24 has had treatment for a mental abnormality or personality disorder since the 25 date of conviction for an offense requiring registration under this chapter; 26 [AND] 27 (I) each electronic mail address, instant messaging address, and 28 other Internet communication identifier used by the sex offender or child 29 kidnapper; and 30 (J) professional licensing information; 31 (2) allow the Alaska state troopers, Department of Corrections, [OR]
01 municipal police, or any peace officer to take a complete set of the sex offender's or 02 child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 03 kidnapper's photograph. 04 * Sec. 17. AS 12.63.010(d) is amended to read: 05 (d) A sex offender or child kidnapper required to register 06 (1) for 15 years under (a) of this section and AS 12.63.020 shall, 07 annually, during the term of a duty to register under AS 12.63.020, on a date set by the 08 department at the time of the sex offender's or child kidnapper's initial registration, 09 provide written verification to the department, in the manner required by the 10 department, of the information provided under (b)(1) of this section [SEX 11 OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 12 the information previously provided under (b)(1) of this section; 13 (2) for life under (a) of this section and AS 12.63.020 shall, not less 14 than quarterly, on a date set by the department, provide written verification to the 15 department, in the manner required by the department, of the information provided 16 under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 17 ADDRESS] and notice of any changes to the information previously provided under 18 (b)(1) of this section. 19 * Sec. 18. AS 12.63.010 is amended by adding new subsections to read: 20 (g) If a sex offender or child kidnapper plans to leave the state after having 21 registered under (a) of this section, the sex offender or child kidnapper shall appear in 22 person at and provide to the department or a municipal police department in the state 23 written notice of the plan to leave the state at least seven calendar days before leaving 24 the state. If a sex offender or child kidnapper plans to leave the state for international 25 travel after having registered under (a) of this section, the sex offender or child 26 kidnapper shall appear in person at and provide to the department or a municipal 27 police department in the state written notice of the plan for any intended travel outside 28 the United States at least 21 days before leaving the state for international travel. 29 (h) If a sex offender or child kidnapper is away from the physical address 30 provided to the department under (b)(1)(A) of this section for a period of seven days 31 or more, the sex offender or child kidnapper shall notify the department in writing of
01 the address being used by the sex offender or child kidnapper while away from the 02 residence provided under (b)(1)(A) of this section. 03 * Sec. 19. AS 12.63.020(a) is amended to read: 04 (a) The duty of a sex offender or child kidnapper to comply with the 05 requirements of AS 12.63.010 is as follows: 06 (1) for a sex offender or child kidnapper, as that term is defined in 07 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 08 (A) continues for the lifetime of a sex offender or child 09 kidnapper convicted of 10 (i) one aggravated sex offense; or 11 (ii) two or more sex offenses, two or more child 12 kidnappings, or one sex offense and one child kidnapping; for purposes 13 of this section, a person convicted of indecent exposure before a person 14 under 16 years of age under AS 11.41.460 more than two times has 15 been convicted of two or more sex offenses; 16 (B) ends 15 years following the sex offender's or child 17 kidnapper's unconditional discharge from a conviction for a single sex offense 18 that is not an aggravated sex offense or for a single child kidnapping if the sex 19 offender or child kidnapper has supplied proof that is acceptable to the 20 department of the unconditional discharge; the registration period under this 21 subparagraph 22 (i) is tolled for the period [EACH YEAR] that a sex 23 offender or child kidnapper fails to comply with the requirements of 24 this chapter or is incarcerated for the offense or kidnapping for which 25 the offender or kidnapper is required to register or for any other 26 offense; 27 (ii) may include the time a sex offender or child 28 kidnapper was absent from this state if the sex offender or child 29 kidnapper has complied with any sex offender or child kidnapper 30 registration requirements of the jurisdiction in which the offender or 31 kidnapper was located and if the sex offender or child kidnapper
01 provides the department with proof of the compliance while the sex 02 offender or child kidnapper was absent from this state; and 03 (iii) continues for a sex offender or child kidnapper who 04 has not supplied proof acceptable to the department of the offender's or 05 kidnapper's unconditional discharge for the sex offense or child 06 kidnapping requiring registration; 07 (2) for a sex offender or child kidnapper, as that term is defined in 08 AS 12.63.100(6)(B), the duty continues for the period determined by the department 09 under (b) of this section. 10 * Sec. 20. AS 12.63.100(7) is amended to read: 11 (7) "sex offense" means 12 (A) a crime under AS 11.41.100(a)(3), or a similar law of 13 another jurisdiction, in which the person committed or attempted to commit a 14 sexual offense, or a similar offense under the laws of the other jurisdiction; in 15 this subparagraph, "sexual offense" has the meaning given in 16 AS 11.41.100(a)(3); 17 (B) a crime under AS 11.41.110(a)(3), or a similar law of 18 another jurisdiction, in which the person committed or attempted to commit 19 one of the following crimes, or a similar law of another jurisdiction: 20 (i) sexual assault in the first degree; 21 (ii) sexual assault in the second degree; 22 (iii) sexual abuse of a minor in the first degree; or 23 (iv) sexual abuse of a minor in the second degree; 24 (C) a crime, or an attempt, solicitation, or conspiracy to commit 25 a crime, under the following statutes or a similar law of another jurisdiction: 26 (i) AS 11.41.410 - 11.41.438; 27 (ii) AS 11.41.440(a)(2); 28 (iii) AS 11.41.450 - 11.41.458; 29 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 30 exposure is before a person under 16 years of age and the offender has 31 previously been convicted under AS 11.41.460 or AS 26.05.900(c);
01 (v) AS 11.61.125 - 11.61.128; 02 (vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 03 AS 26.05.900(b) if the person who was induced or caused to engage in 04 prostitution was under 21 [20] years of age at the time of the offense; 05 (vii) former AS 11.15.120, former 11.15.134, or assault 06 with the intent to commit rape under former AS 11.15.160, former 07 AS 11.40.110, or former 11.40.200; 08 (viii) AS 11.61.118(a)(2) if the offender has a previous 09 conviction for that offense; 10 (ix) AS 11.66.100(a)(2) if the offender is subject to 11 punishment under AS 11.66.100(e); 12 (x) AS 26.05.890 if the person engaged in sexual 13 penetration or sexual contact with the victim; 14 (xi) AS 26.05.890 if, at the time of the offense, the 15 victim is under a duty to obey the lawful orders of the offender, 16 regardless of whether the offender is in the direct chain of command 17 over the victim; 18 (xii) AS 26.05.893 if the person engaged in sexual 19 penetration or sexual contact with the victim; 20 (xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 21 victim is under 18 years of age at the time of the offense; 22 (xiv) AS 26.05.900 if, at the time of the offense, the 23 victim is under a duty to obey the lawful orders of the offender, 24 regardless of whether the offender is in the direct chain of command 25 over the victim; [OR] 26 (xv) AS 11.61.123 if the offender is subject to 27 punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 28 (2)]; 29 (xvi) AS 11.61.130(a)(2); or 30 (xvii) AS 11.66.110 and 11.66.120; 31 (D) an offense, or an attempt, solicitation, or conspiracy to
01 commit an offense, under AS 26.05.935(b), or a similar law of another 02 jurisdiction, if the member of the militia commits one of the following 03 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 04 Code of Military Justice): 05 (i) child pornography; or 06 (ii) pandering and prostitution if the person who is 07 induced, enticed, caused, or procured to engage in a sexual act is under 08 21 [20] years of age at the time of the offense; or 09 (E) an offense in which the person is required to register as a 10 sex offender under the laws of another jurisdiction; 11 * Sec. 21. AS 18.66.990(3) is amended to read: 12 (3) "domestic violence" and "crime involving domestic violence" mean 13 one or more of the following offenses or an offense under a law or ordinance of 14 another jurisdiction having elements similar to these offenses, or an attempt to commit 15 the offense, by a household member against another household member: 16 (A) a crime against the person under AS 11.41; 17 (B) burglary under AS 11.46.300 - 11.46.310; 18 (C) criminal trespass under AS 11.46.320 - 11.46.330; 19 (D) arson or criminally negligent burning under AS 11.46.400 - 20 11.46.430; 21 (E) criminal mischief under AS 11.46.475 - 11.46.486; 22 (F) terrorist threatening under AS 11.56.807 or 11.56.810; 23 (G) violating a protective order under AS 11.56.740(a)(1); 24 (H) harassment under AS 11.61.120(a)(2) - (4) or (6); or 25 (I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 26 a pet; 27 (J) interfering with a report of a crime involving domestic 28 violence under AS 11.56.745 if the person interfering with the report is the 29 person who committed the underlying crime involving domestic violence; 30 or 31 (K) unlawful contact under AS 11.56.750 or 11.56.755;
01 * Sec. 22. AS 47.14.300(a) is amended to read: 02 (a) The department, a state or municipal agency with expertise in child abuse 03 or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 04 as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act 05 of 1994) with expertise in child abuse or neglect, in partnership with the department, 06 may facilitate the initial establishment of a multidisciplinary child protection team. 07 The purpose of a team is to assist in the evaluation and investigation of reports of child 08 abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 09 department or a law enforcement agency; to assist in the evaluation and 10 investigation of reports of sexual contact or sexual penetration, as defined in 11 AS 11.81.900(b), occurring between children under 13 years of age; and to provide 12 consultation and coordination for agencies involved in child-in-need-of-aid cases 13 under AS 47.10. The multidisciplinary child protection teams shall 14 (1) ensure that investigations involving child abuse or neglect are 15 coordinated and conducted by trained investigators; 16 (2) take and recommend steps to avoid duplicative interviews of 17 children; 18 (3) assist in the reduction of trauma to a child and family involved in 19 an investigation of child abuse or neglect; and 20 (4) review records, provide consultation, and make recommendations 21 to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 22 the team by a team member. 23 * Sec. 23. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 24 2019, is amended to read: 25 (c) The following sections apply to the duty to register as a sex offender for 26 offenses committed before, on, or after the effective date of those sections: 27 (1) AS 12.63.010(d), as amended by sec. 82 of this Act; 28 (2) AS 12.63.020, as amended by sec. 83 of this Act; 29 (3) AS 12.63.100(6), as amended by sec. 84 of this Act; 30 (4) AS 12.63.100(7), as amended by sec. 85 of this Act. 31 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 DIRECT COURT RULE AMENDMENT. Rule 5(e), Alaska Rules of 03 Criminal Procedure, is amended to read: 04 (e) Felonies - Other Requirements at First Appearance. 05 (1) If the charge against the defendant is a felony, the defendant shall 06 not be called upon to plead. 07 (2) The judicial officer shall inform the defendant of the right to a 08 preliminary examination. A defendant is entitled to a preliminary examination if the 09 defendant is charged with a felony for which the defendant has not been indicted, 10 unless 11 (A) the defendant waives the preliminary examination, or 12 (B) an information has been filed against the defendant with the 13 defendant's consent in the superior court. 14 (3) If the defendant after having had the opportunity to consult with 15 counsel waives preliminary examination, the judicial officer shall forthwith hold the 16 defendant to answer in the superior court. 17 (4) If the defendant does not waive preliminary examination, the 18 judicial officer shall schedule a preliminary examination. Such examination shall be 19 held within a reasonable time, but in no event later than 20 (A) 10 days following the initial appearance, if the defendant is 21 in custody, or 22 (B) 20 days following the initial appearance, if the defendant is 23 not in custody or if a replacement grand jury has been impaneled pursuant 24 to AS 12.40.180. With the consent of the defendant and upon a showing of 25 good cause, taking into account the public interest in prompt disposition of 26 criminal cases, the judicial officer may extend the time limits specified in this 27 subsection one or more times. In the absence of consent by the defendant, the 28 judicial officer may extend these time limits only upon a showing that 29 extraordinary circumstances exist and that delay is indispensable to the interest 30 of justice. 31 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 03 Procedure, is amended to read: 04 (s) Admissibility of Evidence. 05 (1) All evidence or information may be presented to [EVIDENCE 06 WHICH WOULD BE LEGALLY ADMISSIBLE AT TRIAL SHALL BE 07 ADMISSIBLE BEFORE] the grand jury. Witnesses [IN APPROPRIATE CASES, 08 HOWEVER, WITNESSES] may be presented to summarize admissible evidence if 09 the admissible evidence will be available at trial. [EXCEPT AS STATED IN 10 SUBPARAGRAPHS (2), (3), AND (6), HEARSAY EVIDENCE SHALL NOT BE 11 PRESENTED TO THE GRAND JURY ABSENT COMPELLING JUSTIFICATION 12 FOR ITS INTRODUCTION. IF HEARSAY EVIDENCE IS PRESENTED TO THE 13 GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE 14 RECORD.] 15 (2) [IN A PROSECUTION FOR AN OFFENSE UNDER 16 AS 11.41.410 — 11.41.458, HEARSAY EVIDENCE OF A STATEMENT 17 RELATED TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A 18 CHILD WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 19 EVIDENCE BEFORE THE GRAND JURY IF 20 (i) THE CIRCUMSTANCES OF THE STATEMENT 21 INDICATE ITS RELIABILITY; 22 (ii) THE CHILD IS UNDER 10 YEARS OF AGE 23 WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 24 ADMITTED; 25 (iii) ADDITIONAL EVIDENCE IS INTRODUCED 26 TO CORROBORATE THE STATEMENT; AND 27 (iv) THE CHILD TESTIFIES AT THE GRAND JURY 28 PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 29 TESTIFY AT TRIAL. 30 (3) HEARSAY EVIDENCE RELATED TO THE OFFENSE, NOT 31 OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE
01 THE GRAND JURY IF 02 (i) THE INDIVIDUAL PRESENTING THE 03 HEARSAY EVIDENCE IS A PEACE OFFICER INVOLVED IN THE 04 INVESTIGATION; AND 05 (ii) THE HEARSAY EVIDENCE CONSISTS OF THE 06 STATEMENT AND OBSERVATIONS MADE BY ANOTHER 07 PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 08 AND 09 (iii) ADDITIONAL EVIDENCE IS INTRODUCED 10 TO CORROBORATE THE STATEMENT. 11 (4)] If the testimony presented by a peace officer [UNDER 12 PARAGRAPH (3) OF THIS SECTION] is inaccurate because of intentional, grossly 13 negligent, or negligent misstatements or omissions, then the court shall dismiss an 14 indictment resulting from the testimony if the defendant shows that the inaccuracy 15 prejudices substantial rights of the defendant. 16 [(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 17 WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 18 CONDUCT IS INTENDED AS AN ASSERTION. 19 (6) WHEN A PRIOR CONVICTION IS AN ELEMENT OF AN 20 OFFENSE, HEARSAY EVIDENCE RECEIVED THROUGH THE ALASKA 21 PUBLIC SAFETY INFORMATION NETWORK OR FROM OTHER 22 GOVERNMENT AGENCIES OF PRIOR CONVICTIONS MAY BE PRESENTED 23 TO THE GRAND JURY.] 24 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 DIRECT COURT RULE AMENDMENT. Rule 6.1(a), Alaska Rules of 27 Criminal Procedure, is amended to read: 28 (a) Authority to Investigate and Issue Reports. A grand jury is 29 constitutionally authorized to investigate and make reports and recommendations 30 concerning the public welfare or safety. [AN ISSUE CONCERNS THE PUBLIC 31 WELFARE OR SAFETY, AND THEREFORE IS WITHIN THE SCOPE OF A
01 GRAND JURY'S INVESTIGATIVE AUTHORITY, WHEN 02 (1) THE INVESTIGATION OF THE ISSUE COULD FURTHER A 03 PUBLIC POLICY OF THE STATE; 04 (2) THE OUTCOME OF THE INVESTIGATION COULD 05 REASONABLY BE EXPECTED TO BENEFIT A LARGE NUMBER OF PEOPLE, 06 RATHER THAN TO BENEFIT ONLY AN INDIVIDUAL OR SMALL GROUP OF 07 INDIVIDUALS; AND 08 (3) THE ISSUE INVOLVES A MATTER OF GENERAL 09 IMPORTANCE TO A LARGE NUMBER OF PEOPLE, RATHER THAN TO AN 10 INDIVIDUAL OR A SMALL GROUP OF INDIVIDUALS.] 11 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 INDIRECT COURT RULE AMENDMENTS. The provisions of secs. 2, 3, and 5 - 13 14 of this Act have the effect of changing Rules 6 and 6.1, Alaska Rules of Criminal Procedure, 15 by changing the procedure for grand jury proceedings, the duties and authority of a grand 16 jury, and the evidence that may be presented to a grand jury. 17 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 REPEAL OF COURT RULES. Rules 6.1(b)(2) and (3), Alaska Rules of Criminal 20 Procedure, are repealed. 21 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY. (a) AS 11.41.260(a), as amended by sec. 4 of this Act, 24 AS 12.55.127(c), as amended by sec. 15 of this Act, and AS 18.66.990(3), as amended by sec. 25 21 of this Act, apply to offenses committed on or after the effective date of this Act. 26 (b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 27 amended by sec. 16 of this Act, AS 12.63.010(d), as amended by sec. 17 of this Act, and 28 AS 12.63.010(g) and (h), enacted by sec. 18 of this Act, applies to the duty to register as a sex 29 offender or child kidnapper for offenses committed before, on, or after the effective date of 30 this Act. 31 (c) AS 12.63.020(a), as amended by sec. 19 of this Act, applies to the tolling of the
01 duty to register as a sex offender or child kidnapper on or after the effective date of this Act 02 for determinations of noncompliance made by the Department of Public Safety on or after the 03 effective date of this Act. 04 (d) Nothing in AS 12.63.020(a), as amended by sec. 19 of this Act, may be construed 05 as invalidating a decision by the Department of Public Safety to toll the period of registration 06 or continue the period of registration under AS 12.63 before the effective date of this Act. 07 (e) AS 12.63.100(7), as amended by sec. 20 of this Act, applies to the duty to register 08 as a sex offender for offenses committed on or after the effective date of this Act. 09 (f) Rule 5(e), Alaska Rules of Criminal Procedure, as amended by sec. 24 of this Act, 10 and Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 25 of this Act, apply 11 to indictments occurring on or after the effective date of this Act for offenses committed 12 before, on, or after the effective date of this Act. 13 * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 CONDITIONAL EFFECT. (a) Rule 5(e), Alaska Rules of Criminal Procedure, as 16 amended by sec. 24 of this Act, takes effect only if sec. 24 of this Act receives the two-thirds 17 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 18 (b) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 25 of this Act, 19 takes effect only if sec. 25 of this Act receives the two-thirds majority vote of each house 20 required by art. IV, sec. 15, Constitution of the State of Alaska. 21 (c) Rule 6.1(a), Alaska Rules of Criminal Procedure, as amended by sec. 26 of this 22 Act, takes effect only if sec. 26 of this Act receives the two-thirds majority vote of each house 23 required by art. IV, sec. 15, Constitution of the State of Alaska. 24 (d) Sections 2, 3, and 5 - 13 of this Act take effect only if sec. 27 of this Act receives 25 the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the 26 State of Alaska. 27 (e) The repeal of Rules 6.1(b)(2) and (3), Alaska Rules of Criminal Procedure, by sec. 28 28 of this Act takes effect only if sec. 28 of this Act receives the two-thirds majority vote of 29 each house required by art. IV, sec. 15, Constitution of the State of Alaska. 30 * Sec. 31. This Act takes effect July 1, 2024.