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CS FOR HOUSE BILL NO. 67(JUD)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE HOUSE JUDICIARY COMMITTEE
Offered: 3/6/24
Referred: Finance
Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
A BILL
FOR AN ACT ENTITLED
"An Act relating to criminal law and procedure; relating to grand juries; relating to the 1
crime of stalking; relating to consecutive sentencing for violation of conditions of 2
release; relating to the duty to register as a sex offender; amending the definition of 'sex 3
offense'; amending the definition of 'crime involving domestic violence'; relating to 4
multidisciplinary child protection teams; amending Rules 5(e), 6, and 6.1, Alaska Rules 5
of Criminal Procedure; repealing Rules 6.1(b)(2) and (3), Alaska Rules of Criminal 6
Procedure; and providing for an effective date." 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 8
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 9
to read: 10
LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that 11
safeguarding the constitution is not solely the responsibility of the courts and that every 12
branch of state government has a duty to uphold the constitution. When the foundational 13 33-GH1031\B
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institutions outlined in the constitution are disregarded or marginalized, it is imperative for the 1
legislature to fortify those institutions. 2
(b) It is the intent of the legislature to protect the constitutional rights of citizens of 3
the state by empowering the grand jury to seek justice and minimize trauma to victims while 4
upholding due process. 5
(c) The legislature further finds that a grand jury's constitutional duties to return 6
indictments and investigate matters concerning public welfare and safety are complementary 7
and must be performed in a manner that protects citizens' constitutional rights. 8
(d) It is the intent of the legislature that Rule 6(s), Alaska Rules of Criminal 9
Procedure, as amended by sec. 25 of this Act, overturns the decision of the Alaska Court of 10
Appeals in State v. Powell, 487 P.3d 609 (Alaska App. 2021), to the extent the decision held 11
that hearsay evidence admissible under the hearsay exception under Rule 801(d)(3), Alaska 12
Rules of Evidence, is inadmissible at grand jury if certain foundational requirements cannot 13
be met at the time of grand jury. 14
* Sec. 2. AS 09.20.080 is amended by adding a new subsection to read: 15
(c) The jury panel for a grand jury includes not fewer than two alternate 16
jurors. The presiding judge shall designate the alternate jurors at the time a grand jury 17
is selected. 18
* Sec. 3. AS 09.20.090 is amended by adding a new subsection to read: 19
(b) When a grand jury is impaneled, the court shall provide the jury with 20
written instructions that include state statutes relating to grand juries. 21
* Sec. 4. AS 11.41.260(a) is amended to read: 22
(a) A person commits the crime of stalking in the first degree if the person 23
violates AS 11.41.270 and 24
(1) the actions constituting the offense are in violation of an order 25
issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 26
under former AS 25.35.010(b) or 25.35.020; 27
(2) the actions constituting the offense are in violation of a condition of 28
probation, release before trial, release after conviction, or parole; 29
(3) the victim is under 16 years of age; 30
(4) at any time during the course of conduct constituting the offense, 31 33-GH1031\B
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the defendant possessed a deadly weapon; 1
(5) the defendant has been previously convicted of a crime under this 2
section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 3
jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 4
AS 11.56.740; or 5
(6) the defendant has been previously convicted of a crime, or an 6
attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 7
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 8
law or an ordinance of this or another jurisdiction with elements similar to a crime, or 9
an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 10
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 11
involving the same victim as the present offense. 12
* Sec. 5. 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 15
court and present them to the court. The grand jury shall have the power to initiate 16
investigations, investigate, issue indictments consistent with AS 12.40.170, and 17
make recommendations concerning the public welfare or safety. The power of grand 18
juries to investigate and make recommendations concerning the public welfare or 19
safety may not be limited or suspended. 20
* Sec. 6. AS 12.40.030 is amended by adding new subsections to read: 21
(b) An individual grand juror may propose that the grand jury investigate a 22
matter concerning the public welfare or safety. If, after a reasonable time for 23
consideration, as established by a majority of the grand jury members, the grand jury 24
determines that the matter should be investigated, the grand jury shall initiate an 25
investigation. 26
(c) For purposes of this section, a matter that concerns a private cause of 27
action, or a matter that could be the basis of a civil claim, does not qualify as a matter 28
concerning the public welfare or safety. 29
* Sec. 7. AS 12.40.040 is amended to read: 30
Sec. 12.40.040. Juror to disclose knowledge of crime. If an individual grand 31 33-GH1031\B
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juror knows or has reason to believe that a crime has been committed that is triable by 1
the court, the juror shall disclose it to 2
(1) the other jurors, who shall investigate it; and 3
(2) the prosecuting attorney or presiding judge. 4
* Sec. 8. AS 12.40.050 is amended to read: 5
Sec. 12.40.050. Holding to answer as affecting indictment or presentment. 6
The grand jury may indict or present a person for a crime upon sufficient evidence, 7
whether that person has been held to answer for the crime or not. The grand jury 8
may direct the prosecutor to prepare an indictment. 9
* Sec. 9. AS 12.40.070 is amended to read: 10
Sec. 12.40.070. Duty of prosecuting attorney. The prosecuting attorney 11
(1) shall submit an indictment to the grand jury and cause the evidence 12
in support of the indictment to be brought before them in every case when a person is 13
held to answer a criminal charge in the court where the jury is formed; 14
(2) may submit an indictment in any case when the prosecuting 15
attorney has good reason to believe a crime has been committed that is triable by the 16
court; [AND] 17
(3) shall, when required by the grand jury, prepare indictments or 18
presentments for them or a replacement grand jury and attend their sittings to advise 19
them in relation to their duties or to examine witnesses in their presence; and 20
(4) make arrangements for a citizen to speak with a grand jury as 21
provided under AS 12.40.140. 22
* Sec. 10. AS 12.40.090 is amended by adding a new subsection to read: 23
(b) Violation of (a) of this section is a class A misdemeanor. 24
* Sec. 11. AS 12.40.100 is amended by adding a new subsection to read: 25
(d) Only evidence that could be admissible at trial may be included in an 26
indictment. 27
* Sec. 12. AS 12.40.110 is repealed and reenacted to read: 28
Sec. 12.40.110. Hearsay evidence. (a) All evidence or information may be 29
presented to the grand jury. A witness may be presented to summarize admissible 30
evidence if the admissible evidence will be available at trial. 31 33-GH1031\B
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(b) The prosecuting attorney shall, before indictment, inform the grand jury if 1
information presented to the grand jury may be considered hearsay or determined 2
inadmissible at trial by the court. 3
(c) Information that would be inadmissible at trial may be included in a report 4
by the grand jury. 5
* Sec. 13. AS 12.40 is amended by adding new sections to read: 6
Sec. 12.40.120. Obstructing a grand jury. (a) A person commits the crime of 7
obstructing a grand jury if the person intentionally fails to give or directs, orders, 8
threatens, restrains, coerces, forces, or prevents another person from giving full 9
cooperation to the grand jury in assembling or furnishing requested information to the 10
grand jury. 11
(b) It is not a violation of (a) of this section if a prosecutor or judicial officer 12
(1) informs a grand jury of its ability to refer matters to an 13
ombudsman; 14
(2) explains potential consequences of a grand jury investigation, 15
including a grand jury investigation's interference with an investigation by law 16
enforcement; 17
(3) advises a grand jury of the time commitment that may be required 18
to investigate a matter brought before it; 19
(4) gives instructions or explains procedure to the grand jury for 20
another reason before or during an investigation. 21
(c) Obstructing a grand jury is a class A misdemeanor. 22
Sec. 12.40.130. Prosecutorial misconduct. If a grand jury investigation 23
concerns possible prosecutorial misconduct or misconduct on the part of an employee 24
or agent of the Department of Law so that having a prosecuting attorney or the 25
Department of Law proceed with an investigation would create an appearance of 26
impropriety or conflict, the prosecuting attorney shall immediately advise the attorney 27
general. The attorney general shall appoint a neutral attorney to assist the grand jury in 28
its investigation and the preparation of its report. 29
Sec. 12.40.140. Citizen investigation requests. If a citizen who is not serving 30
on a grand jury believes a matter of public welfare or safety should be investigated by 31 33-GH1031\B
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a grand jury, the citizen may speak with a prosecuting attorney. The prosecuting 1
attorney shall make arrangements for the citizen to speak with the grand jury under 2
AS 12.40.070. A majority of grand jury members shall determine whether an 3
investigation into the citizen's concern is warranted. 4
Sec. 12.40.150. Reports. A grand jury shall make a report only upon the 5
concurrence of a majority of the total number of grand jurors on the grand jury. A 6
foreperson shall sign the grand jury report. A grand jury report may include 7
allegations of criminal conduct. 8
Sec. 12.40.160. Subpoena power. While conducting an investigation and 9
preparing a report concerning a matter of public welfare or safety, a grand jury may, 10
upon approval of a majority of the grand jurors, issue a subpoena to compel testimony 11
from witnesses or to compel the production of documents. A subpoena may be issued 12
only after due consideration by the grand jury of the reasonableness of the proposed 13
subpoena and the necessity of the anticipated testimony or documents. 14
Sec. 12.40.170. Due Process. If, while conducting an investigation, a grand 15
jury requests or receives information that may be considered prejudicial or 16
inadmissible in court, the prosecuting attorney shall inform the grand jury of the 17
ramifications and emphasize that inclusion of the information may jeopardize the 18
validity of an indictment issued by the grand jury. If the grand jury proceeds with the 19
investigation despite the inclusion of prejudicial or inadmissible evidence, the grand 20
jury may request that any indictment based on that investigation be transferred to 21
another grand jury. The grand jury has a right to continue the investigation and 22
produce a grand jury report containing recommendations related to matters of public 23
welfare or safety. 24
Sec. 12.40.180. Replacement grand jury. If a grand jury requests that an 25
indictment be brought before another grand jury under AS 12.40.170, a new grand 26
jury shall be convened to pursue the indictment and the court may extend the time 27
limit for preliminary examination to 20 days. 28
Sec. 12.40.190. Peace officer testimony. If the testimony presented by a peace 29
officer to a grand jury is inaccurate because of intentional or negligent misstatements 30
or omissions and the defendant shows that the inaccuracy prejudices substantial rights
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of the defendant, the court shall dismiss an indictment resulting from the testimony. 1
* Sec. 14. AS 12.45.045(a) is amended to read: 2
(a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse 3
of a minor in any degree, unlawful exploitation of a minor, sex trafficking in any 4
degree, or an attempt to commit any of these crimes, evidence of the sexual conduct 5
of the complaining witness, occurring either before or after the offense charged, may 6
not be admitted nor may reference be made to it in the presence of the jury except as 7
provided in this section. When the defendant seeks to admit the evidence for any 8
purpose, the defendant shall apply for an order of the court not later than five days 9
before trial or at a later time as the court may, for good cause, permit. The defendant 10
may, for good cause shown, apply for an order during trial if the request is based on 11
information learned after the deadline or during the trial. After the application is made, 12
the court shall conduct a hearing in camera to determine the admissibility of the 13
evidence. If the court finds that evidence offered by the defendant regarding the sexual 14
conduct of the complaining witness is relevant, and that the probative value of the 15
evidence offered is not outweighed by the probability that its admission will create 16
undue prejudice, confusion of the issues, or unwarranted invasion of the privacy of the 17
complaining witness, the court shall make an order stating what evidence may be 18
introduced and the nature of the questions that may be permitted. The defendant may 19
then offer evidence under the order of the court. 20
* Sec. 15. AS 12.55.127(c) is amended to read: 21
(c) If the defendant is being sentenced for 22
(1) escape, the term of imprisonment shall be consecutive to the term 23
for the underlying crime; 24
(2) two or more crimes under AS 11.41, a consecutive term of 25
imprisonment shall be imposed for at least 26
(A) the mandatory minimum term under AS 12.55.125(a) for 27
each additional crime that is murder in the first degree; 28
(B) the mandatory minimum term for each additional crime 29
that is an unclassified felony governed by AS 12.55.125(b); 30
(C) the presumptive term specified in AS 12.55.125(c) or the 31 33-GH1031\B
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active term of imprisonment, whichever is less, for each additional crime that 1
is 2
(i) manslaughter; or 3
(ii) kidnapping that is a class A felony; 4
(D) two years or the active term of imprisonment, whichever is 5
less, for each additional crime that is criminally negligent homicide; 6
(E) one-fourth of the presumptive term under AS 12.55.125(c) 7
or (i) for each additional crime that is sexual assault in the first degree under 8
AS 11.41.410 or sexual abuse of a minor in the first degree under 9
AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 10
offenses; and 11
(F) some additional term of imprisonment for each additional 12
crime, or each additional attempt or solicitation to commit the offense, under 13
AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 14
11.41.500 - 11.41.520; 15
(3) two or more crimes of violation of condition of release under 16
AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 17
additional term of imprisonment for the underlying crime and each additional 18
crime under AS 11.56.757. 19
* Sec. 16. AS 12.63.010(b) is amended to read: 20
(b) A sex offender or child kidnapper required to register under (a) of this 21
section shall register with the Department of Corrections if the sex offender or child 22
kidnapper is incarcerated or in person at the Alaska state trooper post or municipal 23
police department located nearest to where the sex offender or child kidnapper resides 24
at the time of registration. To fulfill the registration requirement, the sex offender or 25
child kidnapper shall 26
(1) complete a registration form that includes the following 27
information, if applicable: [, AT A MINIMUM,] 28
(A) the sex offender's or child kidnapper's full name, mailing 29
and physical addresses, school address, telephone numbers used by the sex 30
offender or child kidnapper, social security number, passport 31 33-GH1031\B
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information, citizenship status, physical address of employment, name of 1
employer, job title [PLACE OF EMPLOYMENT], and date of birth; 2
(B) each conviction for a sex offense or child kidnapping for 3
which the duty to register has not terminated under AS 12.63.020, the date of 4
the sex offense or child kidnapping convictions, the place and court of the sex 5
offense or child kidnapping convictions, and whether the sex offender or child 6
kidnapper has been unconditionally discharged from the conviction for a sex 7
offense or child kidnapping and the date of the unconditional discharge; if the 8
sex offender or child kidnapper asserts that the offender or kidnapper has been 9
unconditionally discharged, the offender or kidnapper shall supply proof of 10
that discharge acceptable to the department; 11
(C) all aliases used; 12
(D) the sex offender's or child kidnapper's driver's license 13
number; 14
(E) the description, license numbers, and vehicle identification 15
numbers of motor vehicles, including watercraft, aircraft, motorcycles, and 16
recreational vehicles, the sex offender or child kidnapper has access to, 17
regardless of whether that access is regular or not; 18
(F) any identifying features of the sex offender or child 19
kidnapper; 20
(G) anticipated changes of address and any temporary 21
lodging used by the sex offender or child kidnapper; 22
(H) a statement concerning whether the offender or kidnapper 23
has had treatment for a mental abnormality or personality disorder since the 24
date of conviction for an offense requiring registration under this chapter; 25
[AND] 26
(I) each electronic mail address, instant messaging address, and 27
other Internet communication identifier used by the sex offender or child 28
kidnapper; and 29
(J) professional licensing information; 30
(2) allow the Alaska state troopers, Department of Corrections, [OR] 31 33-GH1031\B
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municipal police, or any peace officer to take a complete set of the sex offender's or 1
child kidnapper's fingerprints and palm prints, and to take the sex offender's or child 2
kidnapper's photograph. 3
* Sec. 17. AS 12.63.010(d) is amended to read: 4
(d) A sex offender or child kidnapper required to register 5
(1) for 15 years under (a) of this section and AS 12.63.020 shall, 6
annually, during the term of a duty to register under AS 12.63.020, on a date set by the 7
department at the time of the sex offender's or child kidnapper's initial registration, 8
provide written verification to the department, in the manner required by the 9
department, of the information provided under (b)(1) of this section [SEX 10
OFFENDER'S OR CHILD KIDNAPPER'S ADDRESS] and notice of any changes to 11
the information previously provided under (b)(1) of this section; 12
(2) for life under (a) of this section and AS 12.63.020 shall, not less 13
than quarterly, on a date set by the department, provide written verification to the 14
department, in the manner required by the department, of the information provided 15
under (b)(1) of this section [SEX OFFENDER'S OR CHILD KIDNAPPER'S 16
ADDRESS] and notice of any changes to the information previously provided under 17
(b)(1) of this section. 18
* Sec. 18. AS 12.63.010 is amended by adding new subsections to read: 19
(g) If a sex offender or child kidnapper plans to leave the state after having 20
registered under (a) of this section, the sex offender or child kidnapper shall appear in 21
person at and provide to the department or a municipal police department in the state 22
written notice of the plan to leave the state at least seven calendar days before leaving 23
the state. If a sex offender or child kidnapper plans to leave the state for international 24
travel after having registered under (a) of this section, the sex offender or child 25
kidnapper shall appear in person at and provide to the department or a municipal 26
police department in the state written notice of the plan for any intended travel outside 27
the United States at least 21 days before leaving the state for international travel. 28
(h) If a sex offender or child kidnapper is away from the physical address 29
provided to the department under (b)(1)(A) of this section for a period of seven days 30
or more, the sex offender or child kidnapper shall notify the department in writing of 31 33-GH1031\B
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the address being used by the sex offender or child kidnapper while away from the 1
residence provided under (b)(1)(A) of this section. 2
* Sec. 19. AS 12.63.020(a) is amended to read: 3
(a) The duty of a sex offender or child kidnapper to comply with the 4
requirements of AS 12.63.010 is as follows: 5
(1) for a sex offender or child kidnapper, as that term is defined in 6
AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 7
(A) continues for the lifetime of a sex offender or child 8
kidnapper convicted of 9
(i) one aggravated sex offense; or 10
(ii) two or more sex offenses, two or more child 11
kidnappings, or one sex offense and one child kidnapping; for purposes 12
of this section, a person convicted of indecent exposure before a person 13
under 16 years of age under AS 11.41.460 more than two times has 14
been convicted of two or more sex offenses; 15
(B) ends 15 years following the sex offender's or child 16
kidnapper's unconditional discharge from a conviction for a single sex offense 17
that is not an aggravated sex offense or for a single child kidnapping if the sex 18
offender or child kidnapper has supplied proof that is acceptable to the 19
department of the unconditional discharge; the registration period under this 20
subparagraph 21
(i) is tolled for the period [EACH YEAR] that a sex 22
offender or child kidnapper fails to comply with the requirements of 23
this chapter or is incarcerated for the offense or kidnapping for which 24
the offender or kidnapper is required to register or for any other 25
offense; 26
(ii) may include the time a sex offender or child 27
kidnapper was absent from this state if the sex offender or child 28
kidnapper has complied with any sex offender or child kidnapper 29
registration requirements of the jurisdiction in which the offender or 30
kidnapper was located and if the sex offender or child kidnapper 31 33-GH1031\B
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provides the department with proof of the compliance while the sex 1
offender or child kidnapper was absent from this state; and 2
(iii) continues for a sex offender or child kidnapper who 3
has not supplied proof acceptable to the department of the offender's or 4
kidnapper's unconditional discharge for the sex offense or child 5
kidnapping requiring registration; 6
(2) for a sex offender or child kidnapper, as that term is defined in 7
AS 12.63.100(6)(B), the duty continues for the period determined by the department 8
under (b) of this section. 9
* Sec. 20. AS 12.63.100(7) is amended to read: 10
(7) "sex offense" means 11
(A) a crime under AS 11.41.100(a)(3), or a similar law of 12
another jurisdiction, in which the person committed or attempted to commit a 13
sexual offense, or a similar offense under the laws of the other jurisdiction; in 14
this subparagraph, "sexual offense" has the meaning given in 15
AS 11.41.100(a)(3); 16
(B) a crime under AS 11.41.110(a)(3), or a similar law of 17
another jurisdiction, in which the person committed or attempted to commit 18
one of the following crimes, or a similar law of another jurisdiction: 19
(i) sexual assault in the first degree; 20
(ii) sexual assault in the second degree; 21
(iii) sexual abuse of a minor in the first degree; or 22
(iv) sexual abuse of a minor in the second degree; 23
(C) a crime, or an attempt, solicitation, or conspiracy to commit 24
a crime, under the following statutes or a similar law of another jurisdiction: 25
(i) AS 11.41.410 - 11.41.438; 26
(ii) AS 11.41.440(a)(2); 27
(iii) AS 11.41.450 - 11.41.458; 28
(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 29
exposure is before a person under 16 years of age and the offender has 30
previously been convicted under AS 11.41.460 or AS 26.05.900(c); 31 33-GH1031\B
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(v) AS 11.61.125 - 11.61.128; 1
(vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or 2
AS 26.05.900(b) if the person who was induced or caused to engage in 3
prostitution was under 21 [20] years of age at the time of the offense; 4
(vii) former AS 11.15.120, former 11.15.134, or assault 5
with the intent to commit rape under former AS 11.15.160, former 6
AS 11.40.110, or former 11.40.200; 7
(viii) AS 11.61.118(a)(2) if the offender has a previous 8
conviction for that offense; 9
(ix) AS 11.66.100(a)(2) if the offender is subject to 10
punishment under AS 11.66.100(e); 11
(x) AS 26.05.890 if the person engaged in sexual 12
penetration or sexual contact with the victim; 13
(xi) AS 26.05.890 if, at the time of the offense, the 14
victim is under a duty to obey the lawful orders of the offender, 15
regardless of whether the offender is in the direct chain of command 16
over the victim; 17
(xii) AS 26.05.893 if the person engaged in sexual 18
penetration or sexual contact with the victim; 19
(xiii) AS 26.05.900(a) [AS 26.05.900(a)(1) - (4)] if the 20
victim is under 18 years of age at the time of the offense; 21
(xiv) AS 26.05.900 if, at the time of the offense, the 22
victim is under a duty to obey the lawful orders of the offender, 23
regardless of whether the offender is in the direct chain of command 24
over the victim; [OR] 25
(xv) AS 11.61.123 if the offender is subject to 26
punishment under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR 27
(2)]; 28
(xvi) AS 11.61.130(a)(2); or 29
(xvii) AS 11.66.110 and 11.66.120; 30
(D) an offense, or an attempt, solicitation, or conspiracy to 31 33-GH1031\B
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commit an offense, under AS 26.05.935(b), or a similar law of another 1
jurisdiction, if the member of the militia commits one of the following 2
enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 3
Code of Military Justice): 4
(i) child pornography; or 5
(ii) pandering and prostitution if the person who is 6
induced, enticed, caused, or procured to engage in a sexual act is under 7
21 [20] years of age at the time of the offense; or 8
(E) an offense in which the person is required to register as a 9
sex offender under the laws of another jurisdiction; 10
* Sec. 21. AS 18.66.990(3) is amended to read: 11
(3) "domestic violence" and "crime involving domestic violence" mean 12
one or more of the following offenses or an offense under a law or ordinance of 13
another jurisdiction having elements similar to these offenses, or an attempt to commit 14
the offense, by a household member against another household member: 15
(A) a crime against the person under AS 11.41; 16
(B) burglary under AS 11.46.300 - 11.46.310; 17
(C) criminal trespass under AS 11.46.320 - 11.46.330; 18
(D) arson or criminally negligent burning under AS 11.46.400 - 19
11.46.430; 20
(E) criminal mischief under AS 11.46.475 - 11.46.486; 21
(F) terrorist threatening under AS 11.56.807 or 11.56.810; 22
(G) violating a protective order under AS 11.56.740(a)(1); 23
(H) harassment under AS 11.61.120(a)(2) - (4) or (6); or 24
(I) cruelty to animals under AS 11.61.140(a)(5) if the animal is 25
a pet; 26
(J) interfering with a report of a crime involving domestic 27
violence under AS 11.56.745 if the person interfering with the report is the 28
person who committed the underlying crime involving domestic violence; 29
or 30
(K) unlawful contact under AS 11.56.750 or 11.56.755; 31 33-GH1031\B
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* Sec. 22. AS 47.14.300(a) is amended to read: 1
(a) The department, a state or municipal agency with expertise in child abuse 2
or neglect, or a tribe recognized by the United States Secretary of the Interior to exist 3
as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act 4
of 1994) with expertise in child abuse or neglect, in partnership with the department, 5
may facilitate the initial establishment of a multidisciplinary child protection team. 6
The purpose of a team is to assist in the evaluation and investigation of reports of child 7
abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the 8
department or a law enforcement agency; to assist in the evaluation and 9
investigation of reports of sexual contact or sexual penetration, as defined in 10
AS 11.81.900(b), occurring between children under 13 years of age; and to provide 11
consultation and coordination for agencies involved in child-in-need-of-aid cases 12
under AS 47.10. The multidisciplinary child protection teams shall 13
(1) ensure that investigations involving child abuse or neglect are 14
coordinated and conducted by trained investigators; 15
(2) take and recommend steps to avoid duplicative interviews of 16
children; 17
(3) assist in the reduction of trauma to a child and family involved in 18
an investigation of child abuse or neglect; and 19
(4) review records, provide consultation, and make recommendations 20
to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to 21
the team by a team member. 22
* Sec. 23. The uncodified law of the State of Alaska enacted in sec. 142(c), ch. 4, FSSLA 23
2019, is amended to read: 24
(c) The following sections apply to the duty to register as a sex offender for 25
offenses committed before, on, or after the effective date of those sections: 26
(1) AS 12.63.010(d), as amended by sec. 82 of this Act; 27
(2) AS 12.63.020, as amended by sec. 83 of this Act; 28
(3) AS 12.63.100(6), as amended by sec. 84 of this Act; 29
(4) AS 12.63.100(7), as amended by sec. 85 of this Act. 30
* Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 31 33-GH1031\B
CSHB 67(JUD) -16- HB0067b
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read: 1
DIRECT COURT RULE AMENDMENT. Rule 5(e), Alaska Rules of 2
Criminal Procedure, is amended to read: 3
(e) Felonies - Other Requirements at First Appearance. 4
(1) If the charge against the defendant is a felony, the defendant shall 5
not be called upon to plead. 6
(2) The judicial officer shall inform the defendant of the right to a 7
preliminary examination. A defendant is entitled to a preliminary examination if the 8
defendant is charged with a felony for which the defendant has not been indicted, 9
unless 10
(A) the defendant waives the preliminary examination, or 11
(B) an information has been filed against the defendant with the 12
defendant's consent in the superior court. 13
(3) If the defendant after having had the opportunity to consult with 14
counsel waives preliminary examination, the judicial officer shall forthwith hold the 15
defendant to answer in the superior court. 16
(4) If the defendant does not waive preliminary examination, the 17
judicial officer shall schedule a preliminary examination. Such examination shall be 18
held within a reasonable time, but in no event later than 19
(A) 10 days following the initial appearance, if the defendant is 20
in custody, or 21
(B) 20 days following the initial appearance, if the defendant is 22
not in custody or if a replacement grand jury has been impaneled pursuant 23
to AS 12.40.180. With the consent of the defendant and upon a showing of 24
good cause, taking into account the public interest in prompt disposition of 25
criminal cases, the judicial officer may extend the time limits specified in this 26
subsection one or more times. In the absence of consent by the defendant, the 27
judicial officer may extend these time limits only upon a showing that 28
extraordinary circumstances exist and that delay is indispensable to the interest 29
of justice. 30
* Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 31 33-GH1031\B
HB0067b -17- CSHB 67(JUD)
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read: 1
DIRECT COURT RULE AMENDMENT. Rule 6(s), Alaska Rules of Criminal 2
Procedure, is amended to read: 3
(s) Admissibility of Evidence. 4
(1) All evidence or information may be presented to [EVIDENCE 5
WHICH WOULD BE LEGALLY ADMISSIBLE AT TRIAL SHALL BE 6
ADMISSIBLE BEFORE] the grand jury. Witnesses [IN APPROPRIATE CASES, 7
HOWEVER, WITNESSES] may be presented to summarize admissible evidence if 8
the admissible evidence will be available at trial. [EXCEPT AS STATED IN 9
SUBPARAGRAPHS (2), (3), AND (6), HEARSAY EVIDENCE SHALL NOT BE 10
PRESENTED TO THE GRAND JURY ABSENT COMPELLING JUSTIFICATION 11
FOR ITS INTRODUCTION. IF HEARSAY EVIDENCE IS PRESENTED TO THE 12
GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE 13
RECORD.] 14
(2) [IN A PROSECUTION FOR AN OFFENSE UNDER 15
AS 11.41.410 — 11.41.458, HEARSAY EVIDENCE OF A STATEMENT 16
RELATED TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A 17
CHILD WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO 18
EVIDENCE BEFORE THE GRAND JURY IF 19
(i) THE CIRCUMSTANCES OF THE STATEMENT 20
INDICATE ITS RELIABILITY; 21
(ii) THE CHILD IS UNDER 10 YEARS OF AGE 22
WHEN THE HEARSAY EVIDENCE IS SOUGHT TO BE 23
ADMITTED; 24
(iii) ADDITIONAL EVIDENCE IS INTRODUCED 25
TO CORROBORATE THE STATEMENT; AND 26
(iv) THE CHILD TESTIFIES AT THE GRAND JURY 27
PROCEEDING OR THE CHILD WILL BE AVAILABLE TO 28
TESTIFY AT TRIAL. 29
(3) HEARSAY EVIDENCE RELATED TO THE OFFENSE, NOT 30
OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE 31 33-GH1031\B
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THE GRAND JURY IF 1
(i) THE INDIVIDUAL PRESENTING THE 2
HEARSAY EVIDENCE IS A PEACE OFFICER INVOLVED IN THE 3
INVESTIGATION; AND 4
(ii) THE HEARSAY EVIDENCE CONSISTS OF THE 5
STATEMENT AND OBSERVATIONS MADE BY ANOTHER 6
PEACE OFFICER IN THE COURSE OF AN INVESTIGATION; 7
AND 8
(iii) ADDITIONAL EVIDENCE IS INTRODUCED 9
TO CORROBORATE THE STATEMENT. 10
(4)] If the testimony presented by a peace officer [UNDER 11
PARAGRAPH (3) OF THIS SECTION] is inaccurate because of intentional, grossly 12
negligent, or negligent misstatements or omissions, then the court shall dismiss an 13
indictment resulting from the testimony if the defendant shows that the inaccuracy 14
prejudices substantial rights of the defendant. 15
[(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR 16
WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL 17
CONDUCT IS INTENDED AS AN ASSERTION. 18
(6) WHEN A PRIOR CONVICTION IS AN ELEMENT OF AN 19
OFFENSE, HEARSAY EVIDENCE RECEIVED THROUGH THE ALASKA 20
PUBLIC SAFETY INFORMATION NETWORK OR FROM OTHER 21
GOVERNMENT AGENCIES OF PRIOR CONVICTIONS MAY BE PRESENTED 22
TO THE GRAND JURY.] 23
* Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 24
read: 25
DIRECT COURT RULE AMENDMENT. Rule 6.1(a), Alaska Rules of 26
Criminal Procedure, is amended to read: 27
(a) Authority to Investigate and Issue Reports. A grand jury is 28
constitutionally authorized to investigate and make reports and recommendations 29
concerning the public welfare or safety. [AN ISSUE CONCERNS THE PUBLIC 30
WELFARE OR SAFETY, AND THEREFORE IS WITHIN THE SCOPE OF A 31 33-GH1031\B
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GRAND JURY'S INVESTIGATIVE AUTHORITY, WHEN 1
(1) THE INVESTIGATION OF THE ISSUE COULD FURTHER A 2
PUBLIC POLICY OF THE STATE; 3
(2) THE OUTCOME OF THE INVESTIGATION COULD 4
REASONABLY BE EXPECTED TO BENEFIT A LARGE NUMBER OF PEOPLE, 5
RATHER THAN TO BENEFIT ONLY AN INDIVIDUAL OR SMALL GROUP OF 6
INDIVIDUALS; AND 7
(3) THE ISSUE INVOLVES A MATTER OF GENERAL 8
IMPORTANCE TO A LARGE NUMBER OF PEOPLE, RATHER THAN TO AN 9
INDIVIDUAL OR A SMALL GROUP OF INDIVIDUALS.] 10
* Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 11
read: 12
INDIRECT COURT RULE AMENDMENTS. The provisions of secs. 2, 3, and 5 - 13 13
of this Act have the effect of changing Rules 6 and 6.1, Alaska Rules of Criminal Procedure, 14
by changing the procedure for grand jury proceedings, the duties and authority of a grand 15
jury, and the evidence that may be presented to a grand jury. 16
* Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 17
read: 18
REPEAL OF COURT RULES. Rules 6.1(b)(2) and (3), Alaska Rules of Criminal 19
Procedure, are repealed. 20
* Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 21
read: 22
APPLICABILITY. (a) AS 11.41.260(a), as amended by sec. 4 of this Act, 23
AS 12.55.127(c), as amended by sec. 15 of this Act, and AS 18.66.990(3), as amended by sec. 24
21 of this Act, apply to offenses committed on or after the effective date of this Act. 25
(b) Except as otherwise provided in this Act, the duty imposed by AS 12.63.010(b), as 26
amended by sec. 16 of this Act, AS 12.63.010(d), as amended by sec. 17 of this Act, and 27
AS 12.63.010(g) and (h), enacted by sec. 18 of this Act, applies to the duty to register as a sex 28
offender or child kidnapper for offenses committed before, on, or after the effective date of 29
this Act. 30
(c) AS 12.63.020(a), as amended by sec. 19 of this Act, applies to the tolling of the 31 33-GH1031\B
CSHB 67(JUD) -20- HB0067b
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duty to register as a sex offender or child kidnapper on or after the effective date of this Act 1
for determinations of noncompliance made by the Department of Public Safety on or after the 2
effective date of this Act. 3
(d) Nothing in AS 12.63.020(a), as amended by sec. 19 of this Act, may be construed 4
as invalidating a decision by the Department of Public Safety to toll the period of registration 5
or continue the period of registration under AS 12.63 before the effective date of this Act. 6
(e) AS 12.63.100(7), as amended by sec. 20 of this Act, applies to the duty to register 7
as a sex offender for offenses committed on or after the effective date of this Act. 8
(f) Rule 5(e), Alaska Rules of Criminal Procedure, as amended by sec. 24 of this Act, 9
and Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 25 of this Act, apply 10
to indictments occurring on or after the effective date of this Act for offenses committed 11
before, on, or after the effective date of this Act. 12
* Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 13
read: 14
CONDITIONAL EFFECT. (a) Rule 5(e), Alaska Rules of Criminal Procedure, as 15
amended by sec. 24 of this Act, takes effect only if sec. 24 of this Act receives the two-thirds 16
majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 17
(b) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec. 25 of this Act, 18
takes effect only if sec. 25 of this Act receives the two-thirds majority vote of each house 19
required by art. IV, sec. 15, Constitution of the State of Alaska. 20
(c) Rule 6.1(a), Alaska Rules of Criminal Procedure, as amended by sec. 26 of this 21
Act, takes effect only if sec. 26 of this Act receives the two-thirds majority vote of each house 22
required by art. IV, sec. 15, Constitution of the State of Alaska. 23
(d) Sections 2, 3, and 5 - 13 of this Act take effect only if sec. 27 of this Act receives 24
the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the 25
State of Alaska. 26
(e) The repeal of Rules 6.1(b)(2) and (3), Alaska Rules of Criminal Procedure, by sec. 27
28 of this Act takes effect only if sec. 28 of this Act receives the two-thirds majority vote of 28
each house required by art. IV, sec. 15, Constitution of the State of Alaska. 29
* Sec. 31. This Act takes effect July 1, 2024. 30