SB 25: "An Act relating to victims of criminal offenses."
00 SENATE BILL NO. 25 01 "An Act relating to victims of criminal offenses." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.61 is amended by adding a new section to read: 04 Sec. 12.61.016. Duties of agency investigating a sexual offense. A law 05 enforcement agency investigating an offense under AS 11.41.410 - 11.41.470 may not 06 disclose information related to the investigation to an employer of the victim unless 07 (1) the victim expressly permits the disclosure; or 08 (2) the agency determines the disclosure is necessary to investigate or 09 prevent a crime. 10 * Sec. 2. AS 12.61.017(a) is amended to read: 11 (a) An employer may not penalize or threaten to penalize a victim of an 12 offense because the victim 13 (1) is subpoenaed or requested by the prosecuting attorney to attend a 14 court proceeding for the purpose of giving testimony; or 15 (2) reports the offense to a law enforcement agency or participates
01 in the investigation of the offense by a law enforcement agency [. IN THIS 02 SUBSECTION, "PENALIZE" MEANS TO TAKE ACTION AFFECTING THE 03 EMPLOYMENT STATUS, WAGES, AND BENEFITS PAYABLE TO THE 04 VICTIM, INCLUDING 05 (1) DEMOTION OR SUSPENSION; 06 (2) DISMISSAL FROM EMPLOYMENT; AND 07 (3) LOSS OF PAY OR BENEFITS, EXCEPT PAY AND BENEFITS 08 THAT ARE DIRECTLY ATTRIBUTABLE TO THE VICTIM'S ABSENCE FROM 09 EMPLOYMENT TO ATTEND THE COURT PROCEEDING]. 10 * Sec. 3. AS 12.61.017 is amended by adding a new subsection to read: 11 (d) In this section, "penalize" means to take action affecting the employment 12 status, wages, and benefits payable to the victim, including 13 (1) demotion or suspension; 14 (2) dismissal from employment; and 15 (3) loss of pay or benefits, except pay and benefits that are directly 16 attributable to the victim's absence from employment to 17 (A) attend the court proceeding; 18 (B) report the offense to a law enforcement agency; 19 (C) participate in a law enforcement agency investigation of the 20 offense. 21 * Sec. 4. AS 18.66.050 is amended to read: 22 Sec. 18.66.050. Duties of the council. The council shall 23 (1) hire an executive director, and the executive director may hire staff; 24 the executive director is in the exempt service under AS 39.25.110 and staff members 25 are in the classified service under AS 39.25.100; 26 (2) elect one of its members as presiding officer; 27 (3) in consultation with authorities in the field, develop, implement, 28 maintain, and monitor domestic violence, sexual assault, and crisis intervention and 29 prevention programs, including educational programs, films, and school curricula on 30 the cause, prevention, and treatment of domestic violence and sexual assault; 31 (4) coordinate services provided by the Department of Law, the
01 Department of Education and Early Development, the Department of Public Safety, 02 the Department of Health and Social Services, the Department of Corrections, and 03 other state agencies and community groups dealing with domestic violence, sexual 04 assault, and crisis intervention and prevention, and provide technical assistance as 05 requested by those state agencies and community groups; 06 (5) develop and implement a standardized data collection system on 07 domestic violence, sexual assault, and crisis intervention and prevention; 08 (6) conduct public hearings and studies on issues relating to violence, 09 including domestic violence and sexual assault, and on issues relating to the role of 10 crisis intervention and prevention; 11 (7) receive and dispense state and federal money and award grants and 12 contracts from appropriations for the purpose to qualified local community entities for 13 domestic violence, sexual assault, and crisis intervention and prevention programs; 14 (8) oversee and audit domestic violence, sexual assault, and crisis 15 intervention and prevention programs that receive money under this chapter; 16 (9) provide fiscal and technical assistance to plan, organize, 17 implement, and administer domestic violence, sexual assault, and crisis intervention 18 and prevention programs; 19 (10) make an annual report to the governor on the activities of the 20 council, plans of the council for new services and programs, reported offenses under 21 AS 11.41.410 - 11.41.470 by members of the Alaska National Guard, and concerns 22 of the council, including recommendations for legislation necessary to carry out the 23 purposes of this chapter; the council shall notify the legislature that the report is 24 available; 25 (11) adopt regulations in accordance with AS 44.62 (Administrative 26 Procedure Act) to carry out the purposes of this chapter and to protect the health, 27 safety, well-being, and privacy of persons receiving services financed with grants or 28 contracts under this chapter; 29 (12) consult with the Department of Health and Social Services in the 30 formulation of standards and procedures for the delivery of services to victims of 31 domestic violence by health care facilities and practitioners of healing arts and
01 personnel in those facilities as required in AS 18.66.300; 02 (13) consult with the Alaska Police Standards Council and other police 03 training programs in the state to develop training programs regarding domestic 04 violence for police officers and for correction, probation, and parole officers; 05 (14) consult with public employers, the Alaska Supreme Court, school 06 districts, and prosecuting authorities who are required by AS 18.66.300 - 18.66.310 to 07 provide continuing education courses in domestic violence to employees; 08 (15) consult with the Alaska National Guard regarding its efforts 09 to 10 (A) prevent offenses under AS 11.41.410 - 11.41.470 by 11 members of the Alaska National Guard; 12 (B) establish procedures and standards for the Alaska 13 National Guard's interaction with victims of offenses under AS 11.41.410 - 14 11.41.470. 15 * Sec. 5. AS 18.66 is amended by adding a new section to read: 16 Sec. 18.66.202. Sexual assaults against Alaska National Guard members. 17 The council shall provide an online reporting procedure for a member of the Alaska 18 National Guard who is a victim of a sexual offense alleged to have been committed by 19 another member of the Alaska National Guard to anonymously report the offense to 20 the council. The anonymous report is a confidential communication under 21 AS 18.66.200. In this section, "sexual offense" means a crime under AS 11.41.410 - 22 11.41.470. 23 * Sec. 6. AS 26.05 is amended by adding a new section to read: 24 Sec. 26.05.302. Sexual offenses. (a) A sexual offense against a member of the 25 Alaska National Guard alleged to have been committed by another member of the 26 guard is not an offense of a purely military nature and shall be tried in civil courts and 27 prosecuted by civil authorities. The rights and protections guaranteed to crime victims 28 under the constitution and laws of the state, including AS 12.61, AS 18.66, and 29 AS 24.65, apply to a member of the Alaska National Guard who is a victim of a sexual 30 offense. 31 (b) A member of the Alaska National Guard who is a victim of a sexual
01 offense may voluntarily report the offense to one or more civil authorities including 02 (1) a state law enforcement agency; 03 (2) a local law enforcement agency; 04 (3) a federal law enforcement agency; 05 (4) the Council on Domestic Violence and Sexual Assault created 06 under AS 18.66.010; 07 (5) the State Commission for Human Rights created under 08 AS 18.80.010. 09 (c) The Alaska National Guard may not compel a member of the guard who is 10 a victim of a sexual offense to report the offense. 11 (d) An investigation, court martial, or other proceeding of the Alaska National 12 Guard under this chapter in connection with a sexual offense against a member of the 13 Alaska National Guard is an administrative proceeding for the purposes of 14 AS 18.66.200, and a victim or victim counselor may not be compelled to testify or 15 produce records as provided by that section. 16 (e) A trial or prosecution by a civil authority of a sexual offense against a 17 member of the Alaska National Guard, or the lack of a trial or prosecution by that 18 authority, is not a bar to an investigation, court martial, or other proceeding of the 19 militia under this chapter. 20 (f) Nothing in this section prohibits a member of the Alaska National Guard 21 who is a victim of a sexual offense from voluntarily reporting the sexual offense to 22 another member of the Alaska National Guard. 23 (g) In this section, "sexual offense" means an offense under AS 11.41.410 - 24 11.41.470.