SB 270: "An Act relating to grand juries; 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 SENATE BILL NO. 270 01 "An Act relating to grand juries; amending Rules 5(e), 6, and 6.1, Alaska Rules of 02 Criminal Procedure; repealing Rules 6.1(b)(2) and (3), Alaska Rules of Criminal 03 Procedure; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.20.080 is amended by adding a new subsection to read: 06 (c) The jury panel for a grand jury includes not fewer than two alternate 07 jurors. The presiding judge shall designate the alternate jurors at the time a grand jury 08 is selected. 09 * Sec. 2. AS 09.20.090 is amended by adding a new subsection to read: 10 (b) When a grand jury is impaneled, the court shall provide the jury with 11 written instructions that include state statutes relating to grand juries. 12 * Sec. 3. AS 12.40.030 is amended to read: 13 Sec. 12.40.030. Duty of inquiry into crimes and general powers. The grand 14 jury shall inquire into all crimes committed or triable within the jurisdiction of the
01 court and present them to the court. The grand jury shall have the power to initiate 02 investigations, investigate, issue indictments consistent with AS 12.40.180, and 03 make recommendations concerning the public welfare or safety. The power of grand 04 juries to investigate and make recommendations concerning the public welfare or 05 safety may not be limited or suspended. 06 * Sec. 4. AS 12.40.030 is amended by adding new subsections to read: 07 (b) An individual grand juror may propose that the grand jury investigate a 08 matter concerning the public welfare or safety. If, after a reasonable time for 09 consideration, as established by a majority of the grand jury members, the grand jury 10 determines that the matter should be investigated, the grand jury shall initiate an 11 investigation. 12 (c) For purposes of this section, a matter that concerns a private cause of 13 action, or a matter that could be the basis of a civil claim, does not qualify as a matter 14 concerning the public welfare or safety. 15 * Sec. 5. AS 12.40.040 is amended to read: 16 Sec. 12.40.040. Juror to disclose knowledge of crime. If an individual grand 17 juror knows or has reason to believe that a crime has been committed that is triable by 18 the court, the juror shall disclose it to 19 (1) the other jurors, who shall investigate it; and 20 (2) the prosecuting attorney or presiding judge. 21 * Sec. 6. AS 12.40.050 is amended to read: 22 Sec. 12.40.050. Holding to answer as affecting indictment or presentment. 23 The grand jury may indict or present a person for a crime upon sufficient evidence, 24 whether that person has been held to answer for the crime or not. The grand jury 25 may direct the prosecutor to prepare an indictment. 26 * Sec. 7. AS 12.40.070 is amended to read: 27 Sec. 12.40.070. Duty of prosecuting attorney. The prosecuting attorney 28 (1) shall submit an indictment to the grand jury and cause the evidence 29 in support of the indictment to be brought before them in every case when a person is 30 held to answer a criminal charge in the court where the jury is formed; 31 (2) may submit an indictment in any case when the prosecuting
01 attorney has good reason to believe a crime has been committed that is triable by the 02 court; [AND] 03 (3) shall, when required by the grand jury, prepare indictments or 04 presentments for them or a replacement grand jury and attend their sittings to advise 05 them in relation to their duties or to examine witnesses in their presence; and 06 (4) make arrangements for a citizen to speak with a grand jury as 07 provided under AS 12.40.150. 08 * Sec. 8. AS 12.40.090 is amended by adding a new subsection to read: 09 (b) Violation of (a) of this section is a class A misdemeanor. 10 * Sec. 9. AS 12.40.100 is amended by adding a new subsection to read: 11 (d) Only evidence that could be admissible at trial may be included in an 12 indictment. 13 * Sec. 10. AS 12.40 is amended by adding new sections to read: 14 Sec. 12.40.120. Hearsay evidence. (a) All evidence or information may be 15 presented to the grand jury. A witness may be presented to summarize admissible 16 evidence if the admissible evidence will be available at trial. 17 (b) The prosecuting attorney shall, before indictment, inform the grand jury if 18 information presented to the grand jury may be considered hearsay or determined 19 inadmissible at trial by the court. 20 (c) Information that would be inadmissible at trial may be included in a report 21 by the grand jury. 22 Sec. 12.40.130. Obstructing a grand jury. (a) A person commits the crime of 23 obstructing a grand jury if the person intentionally fails to give or directs, orders, 24 threatens, restrains, coerces, forces, or prevents another person from giving full 25 cooperation to the grand jury in assembling or furnishing requested information to the 26 grand jury. 27 (b) It is not a violation of (a) of this section if a prosecutor or judicial officer 28 (1) informs a grand jury of its ability to refer matters to an 29 ombudsman; 30 (2) explains potential consequences of a grand jury investigation, 31 including a grand jury investigation's interference with an investigation by law
01 enforcement; 02 (3) advises a grand jury of the time commitment that may be required 03 to investigate a matter brought before it; 04 (4) gives instructions or explains procedure to the grand jury for 05 another reason before or during an investigation. 06 (c) Obstructing a grand jury is a class A misdemeanor. 07 Sec. 12.40.140. Prosecutorial misconduct. If a grand jury investigation 08 concerns possible prosecutorial misconduct or misconduct on the part of an employee 09 or agent of the Department of Law so that having a prosecuting attorney or the 10 Department of Law proceed with an investigation would create an appearance of 11 impropriety or conflict, the prosecuting attorney shall immediately advise the attorney 12 general. The attorney general shall appoint a neutral attorney to assist the grand jury in 13 its investigation and the preparation of its report. 14 Sec. 12.40.150. Citizen investigation requests. If a citizen who is not serving 15 on a grand jury believes a matter of public welfare or safety should be investigated by 16 a grand jury, the citizen may speak with a prosecuting attorney. The prosecuting 17 attorney shall make arrangements for the citizen to speak with the grand jury under 18 AS 12.40.070. A majority of grand jury members shall determine whether an 19 investigation into the citizen's concern is warranted. 20 Sec. 12.40.160. Report. A grand jury shall make a report only upon the 21 concurrence of a majority of the total number of grand jurors on the grand jury. A 22 foreperson shall sign the grand jury report. A grand jury report may include 23 allegations of criminal conduct. 24 Sec. 12.40.170. Subpoena power. While conducting an investigation and 25 preparing a report concerning a matter of public welfare or safety, a grand jury may, 26 upon approval of a majority of the grand jurors, issue a subpoena to compel testimony 27 from witnesses or to compel the production of documents. A subpoena may be issued 28 only after due consideration by the grand jury of the reasonableness of the proposed 29 subpoena and the necessity of the anticipated testimony or documents. 30 Sec. 12.40.180. Due Process. If, while conducting an investigation, a grand 31 jury requests or receives information that may be considered prejudicial or
01 inadmissible in court, the prosecuting attorney shall inform the grand jury of the 02 ramifications and emphasize that inclusion of the information may jeopardize the 03 validity of an indictment issued by the grand jury. If the grand jury proceeds with the 04 investigation despite the inclusion of prejudicial or inadmissible evidence, the grand 05 jury may request that any indictment based on that investigation be transferred to 06 another grand jury. The grand jury has a right to continue the investigation and 07 produce a grand jury report containing recommendations related to matters of public 08 welfare or safety. 09 Sec. 12.40.190. Replacement grand jury. If a grand jury requests that an 10 indictment be brought before another grand jury under AS 12.40.180, a new grand 11 jury shall be convened to pursue the indictment and the court may extend the time 12 limit for preliminary examination to 20 days. 13 Sec. 12.40.200. Peace officer testimony. If the testimony presented by a peace 14 officer to a grand jury is inaccurate because of intentional or negligent misstatements 15 or omissions and the defendant shows that the inaccuracy prejudices substantial rights 16 of the defendant, the court shall dismiss an indictment resulting from the testimony. 17 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 DIRECT COURT RULE AMENDMENT. Rule 5(e), Alaska Rules of 20 Criminal Procedure, is amended to read: 21 (e) Felonies - Other Requirements at First Appearance. 22 (1) If the charge against the defendant is a felony, the defendant shall 23 not be called upon to plead. 24 (2) The judicial officer shall inform the defendant of the right to a 25 preliminary examination. A defendant is entitled to a preliminary examination if the 26 defendant is charged with a felony for which the defendant has not been indicted, 27 unless 28 (A) the defendant waives the preliminary examination, or 29 (B) an information has been filed against the defendant with the 30 defendant's consent in the superior court. 31 (3) If the defendant after having had the opportunity to consult with
01 counsel waives preliminary examination, the judicial officer shall forthwith hold the 02 defendant to answer in the superior court. 03 (4) If the defendant does not waive preliminary examination, the 04 judicial officer shall schedule a preliminary examination. Such examination shall be 05 held within a reasonable time, but in no event later than 06 (A) 10 days following the initial appearance, if the defendant is 07 in custody, or 08 (B) 20 days following the initial appearance, if the defendant is 09 not in custody or if a replacement grand jury has been impaneled pursuant 10 to AS 12.40.190. With the consent of the defendant and upon a showing of 11 good cause, taking into account the public interest in prompt disposition of 12 criminal cases, the judicial officer may extend the time limits specified in this 13 subsection one or more times. In the absence of consent by the defendant, the 14 judicial officer may extend these time limits only upon a showing that 15 extraordinary circumstances exist and that delay is indispensable to the interest 16 of justice. 17 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 20 Procedure, is amended to read: 21 (s) Admissibility of Evidence. 22 (1) All evidence or information may be presented to [EVIDENCE 23 WHICH WOULD BE LEGALLY ADMISSIBLE AT TRIAL SHALL BE 24 ADMISSIBLE BEFORE] the grand jury. Witnesses may be presented to summarize 25 admissible evidence if the admissible evidence will be available at trial. 26 (2) [HEARSAY EVIDENCE RELATED TO THE OFFENSE, NOT 27 OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE 28 THE GRAND JURY IF THE INDIVIDUAL PRESENTING THE HEARSAY 29 EVIDENCE IS A PEACE OFFICER INVOLVED IN THE INVESTIGATION. 30 (3)] If the testimony presented by a peace officer [UNDER 31 PARAGRAPH (2) OF THIS SECTION] is inaccurate because of intentional, grossly
01 negligent, or negligent misstatements or omissions, then the court shall dismiss an 02 indictment resulting from the testimony if the defendant shows that the inaccuracy 03 prejudices substantial rights of the defendant. 04 [(4) WHEN A PRIOR CONVICTION IS AN ELEMENT OF AN 05 OFFENSE, HEARSAY EVIDENCE RECEIVED THROUGH THE ALASKA 06 PUBLIC SAFETY INFORMATION NETWORK OR FROM OTHER 07 GOVERNMENT AGENCIES OF PRIOR CONVICTIONS MAY BE PRESENTED 08 TO THE GRAND JURY.] 09 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 DIRECT COURT RULE AMENDMENT. Rule 6.1(a), Alaska Rules of 12 Criminal Procedure, is amended to read: 13 (a) Authority to Investigate and Issue Reports. A grand jury is 14 constitutionally authorized to investigate and make reports and recommendations 15 concerning the public welfare or safety. [AN ISSUE CONCERNS THE PUBLIC 16 WELFARE OR SAFETY, AND THEREFORE IS WITHIN THE SCOPE OF A 17 GRAND JURY'S INVESTIGATIVE AUTHORITY, WHEN 18 (1) THE INVESTIGATION OF THE ISSUE COULD FURTHER A 19 PUBLIC POLICY OF THE STATE; 20 (2) THE OUTCOME OF THE INVESTIGATION COULD 21 REASONABLY BE EXPECTED TO BENEFIT A LARGE NUMBER OF PEOPLE, 22 RATHER THAN TO BENEFIT ONLY AN INDIVIDUAL OR SMALL GROUP OF 23 INDIVIDUALS; AND 24 (3) THE ISSUE INVOLVES A MATTER OF GENERAL 25 IMPORTANCE TO A LARGE NUMBER OF PEOPLE, RATHER THAN TO AN 26 INDIVIDUAL OR A SMALL GROUP OF INDIVIDUALS. 27 AN ISSUE THAT CONCERNS PRIMARILY A PRIVATE MATTER RATHER 28 THAN ONE THAT CONCERNS THE GENERAL PUBLIC IS NOT GENERALLY AN 29 ISSUE CONCERNING THE PUBLIC WELFARE OR SAFETY WITHIN THE SCOPE OF 30 A GRAND JURY'S INVESTIGATIVE AUTHORITY. AN INDICTMENT IS NOT A 31 "REPORT" AS USED IN THIS RULE AND CRIMINAL RULE 6.]
01 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 REPEAL OF COURT RULES. Rules 6.1(b)(2) and (3), Alaska Rules of Criminal 04 Procedure, are repealed. 05 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 INDIRECT COURT RULE AMENDMENTS. The provisions of secs. 1 - 10 of this 08 Act have the effect of changing Rules 6 and 6.1, Alaska Rules of Criminal Procedure, by 09 changing the procedure for grand jury proceedings, the duties and authority of a grand jury, 10 and the evidence that may be presented to a grand jury. 11 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. (a) AS 12.40.090(b), enacted by sec. 8 of this Act, applies to 14 offenses committed on or after the effective date of this Act. 15 (b) Rule 5(e), Alaska Rules of Criminal Procedure, as amended by sec. 11 of this Act, 16 Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 12 of this Act, and Rule 17 6.1(a), Alaska Rules of Criminal Procedure, as amended by sec. 13 of this Act, apply to 18 indictments occurring on or after the effective date of this Act for offenses committed before, 19 on, or after the effective date of this Act. 20 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 CONDITIONAL EFFECT. (a) Rule 5(e), Alaska Rules of Criminal Procedure, as 23 amended by sec. 11 of this Act, takes effect only if sec. 11 of this Act receives the two-thirds 24 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 25 (b) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 12 of this Act, 26 takes effect only if sec. 12 of this Act receives the two-thirds majority vote of each house 27 required by art. IV, sec. 15, Constitution of the State of Alaska. 28 (c) Rule 6.1(a), Alaska Rules of Criminal Procedure, as amended by sec. 13 of this 29 Act, takes effect only if sec. 13 of this Act receives the two-thirds majority vote of each house 30 required by art. IV, sec. 15, Constitution of the State of Alaska. 31 (d) Sections 1 - 10 of this Act take effect only if sec. 12 of this Act receives the two-
01 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 02 Alaska. 03 (e) The repeal of Rules 6.1(b)(2) and (3), Alaska Rules of Criminal Procedure, by sec. 04 14 of this Act, takes effect only if sec. 14 of this Act receives the two-thirds majority vote of 05 each house required by art. IV, sec. 15, Constitution of the State of Alaska. 06 * Sec. 18. This Act takes effect July 1, 2026.