Alaska 2025-2026 Regular Session

Alaska Senate Bill SB69 Compare Versions

Only one version of the bill is available at this time.

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2	2	SB0069A -1- SB 69
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5	5	34-GS1317\A
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11	11	SENATE BILL NO. 69
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
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17	17	BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
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19	19	Introduced: 1/24/25
20	20	Referred: Judiciary, Finance
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23	23	A BILL
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25	25	FOR AN ACT ENTITLED
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27	27	"An Act relating to sexual assault examination kits; establishing the sexual assault 1
28	28	examination kit tracking system; and providing for an effective date." 2
29	29	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
30	30	* Section 1. AS 12.61.010(a) is amended to read: 4
31	31	(a) Victims of crimes have the following rights: 5
32	32	(1) the right to be present during any proceeding in 6
33	33	(A) the prosecution and sentencing of a defendant if the 7
34	34	defendant has the right to be present, including being present during testimony 8
35	35	even if the victim is likely to be called as a witness; 9
36	36	(B) the adjudication of a minor as provided under 10
37	37	AS 47.12.110; 11
38	38	(2) the right to be notified by the appropriate law enforcement agency 12
39	39	or the prosecuting attorney of any request for a continuance that may substantially 13
40	40	delay the prosecution and of the date of trial, sentencing, including a proceeding 14 34-GS1317\A
41	41	SB 69 -2- SB0069A
42	42	New Text Underlined [DELETED TEXT BRACKETED]
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44	44	before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 1
45	45	the defendant's release from custody is considered; 2
46	46	(3) the right to be notified that a sentencing hearing or a court 3
47	47	proceeding to which the victim has been subpoenaed will not occur as scheduled; 4
48	48	(4) the right to receive protection from harm and threats of harm 5
49	49	arising out of cooperation with law enforcement and prosecution efforts and to be 6
50	50	provided with information as to the protection available; 7
51	51	(5) the right to be notified of the procedure to be followed to apply for 8
52	52	and receive any compensation under AS 18.67; 9
53	53	(6) at the request of the prosecution or a law enforcement agency, the 10
54	54	right to cooperate with the criminal justice process without loss of pay and other 11
55	55	employee benefits except as authorized by AS 12.61.017 and without interference in 12
56	56	any form by the employer of the victim of crime; 13
57	57	(7) the right to obtain access to immediate medical assistance and not 14
58	58	to be detained for an unreasonable length of time by a law enforcement agency before 15
59	59	having medical assistance administered; however, an employee of the law 16
60	60	enforcement agency may, if necessary, accompany the person to a medical facility to 17
61	61	question the person about the criminal incident if the questioning does not hinder the 18
62	62	administration of medical assistance; 19
63	63	(8) the right to make a written or oral statement for use in preparation 20
64	64	of the presentence report of a felony defendant; 21
65	65	(9) the right to appear personally at the defendant's sentencing hearing 22
66	66	to present a written statement and to give sworn testimony or an unsworn oral 23
67	67	presentation; 24
68	68	(10) the right to be informed by the prosecuting attorney, at any time 25
69	69	after the defendant's conviction, about the complete record of the defendant's 26
70	70	convictions; 27
71	71	(11) the right to notice under AS 12.47.095 concerning the status of the 28
72	72	defendant found not guilty by reason of insanity; 29
73	73	(12) the right to notice under AS 33.16.087 of a hearing concerning 30
74	74	special medical parole of the defendant; 31 34-GS1317\A
75	75	SB0069A -3- SB 69
76	76	New Text Underlined [DELETED TEXT BRACKETED]
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78	78	(13) the right to notice under AS 33.16.120 of a hearing to consider or 1
79	79	review discretionary parole of the defendant; 2
80	80	(14) the right to notice under AS 33.30.013 of the release or escape of 3
81	81	the defendant; [AND] 4
82	82	(15) the right to be notified orally and in writing of and receive 5
83	83	information about the office of victims' rights from the law enforcement officer 6
84	84	initially investigating the crime and from the prosecuting attorney assigned to the 7
85	85	offense; at a minimum, the information provided must include the address, telephone 8
86	86	number, and Internet address of the office of victims' rights; this paragraph 9
87	87	(A) applies only to victims of felonies and to victims of class A 10
88	88	misdemeanors if the class A misdemeanor is a crime involving domestic 11
89	89	violence or a crime against a person under AS 11.41; if the victim is an 12
90	90	unemancipated minor, the law enforcement officer and the prosecuting 13
91	91	attorney shall also provide the notice required by this paragraph to the parent 14
92	92	or guardian of the minor; 15
93	93	(B) is satisfied if, at the time of initial contact with the crime 16
94	94	victim, the investigating officer and prosecuting attorney each give each crime 17
95	95	victim a brochure or other written material prepared by the office of victims' 18
96	96	rights and provided to law enforcement agencies for that purpose; and 19
97	97	(16) the right to be notified of the location and testing date of a 20
98	98	sexual assault examination kit collected from the victim. 21
99	99	* Sec. 2. AS 44.41.065 is amended to read: 22
100	100	Sec. 44.41.065. Sexual assault examination kits. (a) When [A LAW 23
101	101	ENFORCEMENT AGENCY COLLECTS] a sexual assault examination kit is used to 24
102	102	gather evidence under AS 18.68.010, [THE AGENCY SHALL] 25
103	103	(1) a health care provider that gathers the evidence shall, no later 26
104	104	than 14 days after using the sexual assault examination kit to gather the evidence, 27
105	105	notify the appropriate law enforcement agency that the sexual assault 28
106	106	examination kit is available to be sent to an accredited laboratory in coordination 29
107	107	with the Department of Public Safety or a laboratory operated by the 30
108	108	Department of Public Safety; 31 34-GS1317\A
109	109	SB 69 -4- SB0069A
110	110	New Text Underlined [DELETED TEXT BRACKETED]
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112	112	(2) a law enforcement agency that is notified by the health care 1
113	113	provider under (1) of this subsection or that uses a sexual assault examination kit 2
114	114	to gather the evidence shall 3
115	115	(A) no later than 20 [WITHIN 30] days after receiving 4
116	116	notification from the health care provider or using the sexual assault 5
117	117	examination kit to gather the evidence [THE AGENCY COLLECTS THE 6
118	118	SEXUAL ASSAULT EXAMINATION KIT], send the sexual assault 7
119	119	examination kit to an accredited laboratory in coordination with the 8
120	120	Department of Public Safety or a laboratory operated by the Department of 9
121	121	Public Safety; and 10
122	122	(B) no later than 14 days [(2) ENSURE THAT THE 11
123	123	LABORATORY TO WHICH THE SEXUAL ASSAULT EXAMINATION 12
124	124	KIT IS SENT UNDER (1) OF THIS SUBSECTION CONDUCTS A 13
125	125	SEROLOGICAL OR DNA TEST ON THE SEXUAL ASSAULT 14
126	126	EXAMINATION KIT WITHIN SIX MONTHS AFTER THE 15
127	127	LABORATORY RECEIVES THE SEXUAL ASSAULT EXAMINATION 16
128	128	KIT; AND 17
129	129	(3) WITHIN TWO WEEKS] after the laboratory that receives the 18
130	130	sexual assault examination kit under [(1) OF] this subsection completes serological or 19
131	131	DNA testing, make a reasonable effort to notify the victim from whom the sexual 20
132	132	assault examination kit was collected that the sexual assault examination kit has been 21
133	133	tested; and 22
134	134	(3) a laboratory to which the sexual assault examination kit is sent 23
135	135	shall, no later than 120 days after the laboratory receives the sexual assault 24
136	136	examination kit, conduct a serological or DNA test on the sexual assault 25
137	137	examination kit. 26
138	138	(b) A criminal action may not be dismissed nor the evidence deemed 27
139	139	nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 28
140	140	(2)] of this section. 29
141	141	(c) If a case is resolved before a sexual assault examination kit is tested, a 30
142	142	health care provider, law enforcement agency, or laboratory in possession of the 31 34-GS1317\A
143	143	SB0069A -5- SB 69
144	144	New Text Underlined [DELETED TEXT BRACKETED]
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146	146	sexual assault examination kit is not required to meet the time limits established in 1
147	147	(a) of this section. 2
148	148	(d) In this section, 3
149	149	(1) "law enforcement agency" has [AND "AGENCY" HAVE] the 4
150	150	meaning given [TO "LAW ENFORCEMENT AGENCY"] in AS 12.36.090; 5
151	151	(2) "victim" has the meaning given in AS 11.41.470. 6
152	152	* Sec. 3. AS 44.41.065 is amended by adding a new subsection to read: 7
153	153	(e) A health care provider, law enforcement agency, or laboratory in 8
154	154	possession of a sexual assault examination kit shall enter information specified by the 9
155	155	Department of Public Safety into the sexual assault examination kit tracking system 10
156	156	under AS 44.41.067. The information must be entered at the time and in the form and 11
157	157	manner specified by the Department of Public Safety. 12
158	158	* Sec. 4. AS 44.41 is amended by adding a new section to read: 13
159	159	Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 14
160	160	Department of Public Safety shall develop and operate a sexual assault examination 15
161	161	kit tracking system to track the status and location of a sexual assault examination kit 16
162	162	from the point of evidence collection to serological or DNA testing. 17
163	163	(b) The sexual assault examination kit tracking system must allow the victim 18
164	164	from whom the sexual assault examination kit was collected to access the tracking 19
165	165	information associated with the kit and, if the victim chooses, receive automated 20
166	166	notifications of the status of the kit. 21
167	167	(c) The sexual assault examination kit tracking system is confidential and is 22
168	168	not a public record under AS 40.25.110 - 40.25.140, except that the Department of 23
169	169	Public Safety may include information from the tracking system in the report required 24
170	170	under AS 44.41.070. 25
171	171	* Sec. 5. AS 44.41.070(a) is repealed. 26
172	172	* Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 27
173	173	read: 28
174	174	TRANSITION: REGULATIONS. The Department of Public Safety may ad opt 29
175	175	regulations necessary to implement the changes made by this Act. The regulations take effect 30
176	176	under AS 44.62 (Administrative Procedure Act) but not before the effective date of the law 31 34-GS1317\A
177	177	SB 69 -6- SB0069A
178	178	New Text Underlined [DELETED TEXT BRACKETED]
179	179
180	180	implemented by the regulation. 1
181	181	* Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 2