Alaska 2023-2024 Regular Session

Alaska House Bill HB275 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	~~HB0275c~~ -1- CSHB 275(~~FIN~~)
	2	+	HB0275b -1- CSHB 275(HSS)
3	3		New Text Underlined [DELETED TEXT BRACKETED]
4	4
5		-	33-GH2317\S
	5	+	33-GH2317\B
6	6
7	7
8	8
9	9
10		-	CS FOR HOUSE BILL NO. 275(~~FIN~~)
	10	+	CS FOR HOUSE BILL NO. 275(HSS)
11	11
12	12		IN THE LEGISLATURE OF THE STATE OF ALASKA
13	13
14	14		THIRTY-THIRD LEGISLATURE - SECOND SESSION
15	15
16		-	BY THE HOUSE ~~FINANCE~~ COMMITTEE
	16	+	BY THE HOUSE HEALTH AND SOCIAL SERVICES COMMITTEE
17	17
18		-	Offered: 5/14/24
19		-	Referred: ~~Rules~~
	18	+	Offered: 3/21/24
	19	+	Referred: Finance
20	20
21	21		Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
22	22		A BILL
23	23
24	24		FOR AN ACT ENTITLED
25	25
26	26		"An Act relating to sexual assault examination kits; establishing the sexual assault 1
27	27		examination kit tracking system; and providing for an effective date." 2
28	28		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
29	29		* Section 1. AS 12.61.010(a) is amended to read: 4
30	30		(a) Victims of crimes have the following rights: 5
31	31		(1) the right to be present during any proceeding in 6
32	32		(A) the prosecution and sentencing of a defendant if the 7
33	33		defendant has the right to be present, including being present during testimony 8
34	34		even if the victim is likely to be called as a witness; 9
35	35		(B) the adjudication of a minor as provided under 10
36	36		AS 47.12.110; 11
37	37		(2) the right to be notified by the appropriate law enforcement agency 12
38	38		or the prosecuting attorney of any request for a continuance that may substantially 13
39		-	delay the prosecution and of the date of trial, sentencing, including a proceeding 14 33-GH2317\S
40		-	CSHB 275(~~FIN~~) -2- ~~HB0275c~~
	39	+	delay the prosecution and of the date of trial, sentencing, including a proceeding 14 33-GH2317\B
	40	+	CSHB 275(HSS) -2- HB0275b
41	41		New Text Underlined [DELETED TEXT BRACKETED]
42	42
43	43		before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 1
44	44		the defendant's release from custody is considered; 2
45	45		(3) the right to be notified that a sentencing hearing or a court 3
46	46		proceeding to which the victim has been subpoenaed will not occur as scheduled; 4
47	47		(4) the right to receive protection from harm and threats of harm 5
48	48		arising out of cooperation with law enforcement and prosecution efforts and to be 6
49	49		provided with information as to the protection available; 7
50	50		(5) the right to be notified of the procedure to be followed to apply for 8
51	51		and receive any compensation under AS 18.67; 9
52	52		(6) at the request of the prosecution or a law enforcement agency, the 10
53	53		right to cooperate with the criminal justice process without loss of pay and other 11
54	54		employee benefits except as authorized by AS 12.61.017 and without interference in 12
55	55		any form by the employer of the victim of crime; 13
56	56		(7) the right to obtain access to immediate medical assistance and not 14
57	57		to be detained for an unreasonable length of time by a law enforcement agency before 15
58	58		having medical assistance administered; however, an employee of the law 16
59	59		enforcement agency may, if necessary, accompany the person to a medical facility to 17
60	60		question the person about the criminal incident if the questioning does not hinder the 18
61	61		administration of medical assistance; 19
62	62		(8) the right to make a written or oral statement for use in preparation 20
63	63		of the presentence report of a felony defendant; 21
64	64		(9) the right to appear personally at the defendant's sentencing hearing 22
65	65		to present a written statement and to give sworn testimony or an unsworn oral 23
66	66		presentation; 24
67	67		(10) the right to be informed by the prosecuting attorney, at any time 25
68	68		after the defendant's conviction, about the complete record of the defendant's 26
69	69		convictions; 27
70	70		(11) the right to notice under AS 12.47.095 concerning the status of the 28
71	71		defendant found not guilty by reason of insanity; 29
72	72		(12) the right to notice under AS 33.16.087 of a hearing concerning 30
73		-	special medical parole of the defendant; 31 33-GH2317\S
74		-	~~HB0275c~~ -3- CSHB 275(~~FIN~~)
	73	+	special medical parole of the defendant; 31 33-GH2317\B
	74	+	HB0275b -3- CSHB 275(HSS)
75	75		New Text Underlined [DELETED TEXT BRACKETED]
76	76
77	77		(13) the right to notice under AS 33.16.120 of a hearing to consider or 1
78	78		review discretionary parole of the defendant; 2
79	79		(14) the right to notice under AS 33.30.013 of the release or escape of 3
80	80		the defendant; [AND] 4
81	81		(15) the right to be notified orally and in writing of and receive 5
82	82		information about the office of victims' rights from the law enforcement officer 6
83	83		initially investigating the crime and from the prosecuting attorney assigned to the 7
84	84		offense; at a minimum, the information provided must include the address, telephone 8
85	85		number, and Internet address of the office of victims' rights; this paragraph 9
86	86		(A) applies only to victims of felonies and to victims of class A 10
87	87		misdemeanors if the class A misdemeanor is a crime involving domestic 11
88	88		violence or a crime against a person under AS 11.41; if the victim is an 12
89	89		unemancipated minor, the law enforcement officer and the prosecuting 13
90	90		attorney shall also provide the notice required by this paragraph to the parent 14
91	91		or guardian of the minor; 15
92	92		(B) is satisfied if, at the time of initial contact with the crime 16
93	93		victim, the investigating officer and prosecuting attorney each give each crime 17
94	94		victim a brochure or other written material prepared by the office of victims' 18
95	95		rights and provided to law enforcement agencies for that purpose; and 19
96	96		(16) the right to be notified of the location and testing date of a 20
97	97		sexual assault examination kit collected from the victim. 21
98	98		* Sec. 2. AS 44.41.065(a) is amended to read: 22
99	99		(a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual 23
100	100		assault examination kit is used to gather evidence under AS 18.68.010, [THE 24
101	101		AGENCY SHALL] 25
102		-	(1) a health care provider that gathers the evidence shall, within 14 26
103		-	days after using the sexual assault examination kit to gather the evidence, ~~notify~~ 27
104		-	the appropriate law enforcement agency that the sexual assault ~~examination kit is~~ 28
105		-	available to be sent to an accredited laboratory in coordination ~~with the~~ 29
106		-	Department of Public Safety or a laboratory operated by the ~~Department of~~ 30
107		-	Public Safety; 31 33-GH2317\S
108		-	CSHB 275(~~FIN~~) -4- ~~HB0275c~~
	102	+	(1) a health care provider that gathers the evidence shall, within 26
	103	+	seven days after using the sexual assault examination kit to gather the evidence, 27
	104	+	notify the appropriate law enforcement agency that the sexual assault 28
	105	+	examination kit is available to be sent to an accredited laboratory in coordination 29
	106	+	with the Department of Public Safety or a laboratory operated by the 30
	107	+	Department of Public Safety; 31 33-GH2317\B
	108	+	CSHB 275(HSS) -4- HB0275b
109	109		New Text Underlined [DELETED TEXT BRACKETED]
110	110
111	111		(2) a law enforcement agency that is notified by the health care 1
112	112		provider under (1) of this subsection or that uses a sexual assault examination kit 2
113	113		to gather the evidence shall 3
114	114		(A) within 20 [30] days after receiving notification from the 4
115	115		health care provider or using the sexual assault examination kit to gather 5
116	116		the evidence [THE AGENCY COLLECTS THE SEXUAL ASSAULT 6
117	117		EXAMINATION KIT], send the sexual assault examination kit to an 7
118	118		accredited laboratory in coordination with the Department of Public Safety or a 8
119	119		laboratory operated by the Department of Public Safety; and 9
120	120		(B) [(2) ENSURE THAT THE LABORATORY TO WHICH 10
121	121		THE SEXUAL ASSAULT EXAMINATION KIT IS SENT UNDER (1) OF 11
122	122		THIS SUBSECTION CONDUCTS A SEROLOGICAL OR DNA TEST ON 12
123	123		THE SEXUAL ASSAULT EXAMINATION KIT WITHIN SIX MONTHS 13
124	124		AFTER THE LABORATORY RECEIVES THE SEXUAL ASSAULT 14
125	125		EXAMINATION KIT; AND 15
126	126		(3)] within two weeks after the laboratory that receives the sexual 16
127	127		assault examination kit under [(1) OF] this subsection completes serological or DNA 17
128	128		testing, make a reasonable effort to notify the victim from whom the sexual assault 18
129	129		examination kit was collected that the sexual assault examination kit has been tested; 19
130	130		and 20
131	131		(3) a laboratory to which the sexual assault examination kit is sent 21
132	132		shall, within 120 days after the laboratory receives the sexual assault examination 22
133	133		kit, conduct a serological or DNA test on the sexual assault examination kit. 23
134	134		* Sec. 3. AS 44.41.065(b) is amended to read: 24
135	135		(b) A criminal action may not be dismissed nor the evidence deemed 25
136	136		nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 26
137	137		(2)] of this section. 27
138	138		* Sec. 4. AS 44.41.065(c) is amended to read: 28
139	139		(c) If a case is resolved before a sexual assault examination kit is tested, a 29
140	140		health care provider, law enforcement agency, or laboratory in possession of the 30
141		-	sexual assault examination kit is not required to meet the time limits established in 31 33-GH2317\S
142		-	~~HB0275c~~ -5- CSHB 275(~~FIN~~)
	141	+	sexual assault examination kit is not required to meet the time limits established in 31 33-GH2317\B
	142	+	HB0275b -5- CSHB 275(HSS)
143	143		New Text Underlined [DELETED TEXT BRACKETED]
144	144
145	145		(a) of this section. 1
146	146		* Sec. 5. AS 44.41.065 is amended by adding a new subsection to read: 2
147	147		(e) A health care provider, law enforcement agency, or laboratory in 3
148	148		possession of a sexual assault examination kit shall enter information specified by the 4
149	149		Department of Public Safety into the sexual assault examination kit tracking system 5
150	150		under AS 44.41.067. The information must be entered at the time and in the form and 6
151	151		manner specified by the Department of Public Safety. 7
152	152		* Sec. 6. AS 44.41 is amended by adding a new section to read: 8
153	153		Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 9
154	154		Department of Public Safety shall develop and operate a sexual assault examination 10
155	155		kit tracking system to track the status and location of a sexual assault examination kit 11
156	156		from the point of evidence collection to serological or DNA testing. 12
157	157		(b) The sexual assault examination kit tracking system must allow the victim 13
158	158		from whom the sexual assault examination kit was collected to access the tracking 14
159	159		information associated with the kit and, if the victim chooses, receive automated 15
160	160		notifications of the status of the kit. 16
161	161		(c) The sexual assault examination kit tracking system is confidential and is 17
162	162		not a public record under AS 40.25.110 - 40.25.140, except that the Department of 18
163	163		Public Safety may include information from the tracking system in the report required 19
164	164		under AS 44.41.070. 20
165	165		* Sec. 7. AS 44.41.070(a) is repealed. 21
166	166		* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 22
167	167		read: 23
168	168		TRANSITION: REGULATIONS. The Department of Public Safety may ad opt 24
169	169		regulations necessary to implement the changes made by this Act. The regulations take effect 25
170	170		under AS 44.62 (Administrative Procedure Act) but not before the effective date of the law 26
171	171		implemented by the regulation. 27
172	172		* Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). 28