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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled SB 187                                                                                                         
01 Relating to the crime of misconduct involving confidential information in the first degree;                             
02 amending Rule 16, Alaska Rules of Criminal Procedure; amending Rule 8, Alaska Child in                                  
03 Need of Aid Rules; and providing for an effective date.                                                                 
04                           _______________                                                                               
05    * Section 1. AS 11.76.113(a) is amended to read:                                                                   
06            (a)  A person commits the crime of misconduct involving confidential                                         
07       information in the first degree if the person                                                                     
08                 (1)  violates AS 11.76.115 and obtains the confidential information                                 
09       with the intent to                                                                                                
10                      (A) [(1)]  use the confidential information to commit a crime; or                              
11                      (B) [(2)]  obtain a benefit to which the person is not entitled, to                            
12            injure another person, or to deprive another person of a benefit; or                                     
13                 (2)  publishes or distributes an audio or video recording of an                                     
14       interview of a child for a criminal or child protection investigation, or records of                          
01       a medical examination of a victim or minor conducted for the purpose of the                                   
02       investigation of an offense under AS 11.41.410 - 11.41.440, 11.41.450, or a child                             
03       protection investigation, including photographs taken during the examination.                               
04    * Sec. 2. AS 11.76.113 is amended by adding a new subsection to read:                                              
05            (d)  The provisions of (a)(2) of this section do not apply to                                              
06                 (1)  a person who publishes or distributes a recording, record, or image                                
07       as permitted or directed under                                                                                    
08                      (A)  a court order;                                                                                
09                      (B)  a rule of court; or                                                                           
10                      (C)  a federal or state law requiring the publication or                                           
11            distribution;                                                                                                
12                 (2)  the use of a recording, record, or image for training by law                                       
13       enforcement officials, prosecutors, or defense counsel, if the identity of the minor or                           
14       victim is concealed; or                                                                                           
15                 (3)  a recording, record, or image that is released with the consent of                                 
16                      (A)  an adult victim or a minor victim for whom the disabilities                                   
17            of minority have been removed for general purposes under AS 09.55.590; or                                    
18                      (B)  a minor's parent or guardian unless the parent or guardian is                                 
19            the perpetrator of the abuse or offense about which the recording, record, or                                
20            image was gathered.                                                                                          
21    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
22 read:                                                                                                                   
23            DIRECT COURT RULE AMENDMENT. Rule 16(d)(3), Alaska Rules of                                                  
24       Criminal Procedure, is amended to read                                                                            
25                 (3)  Materials to Remain in Custody of Attorney.                                                        
26                      (A)  Materials furnished to an attorney pursuant to these rules                                    
27            shall be used only for the purpose of conducting the case. The following                                     
28            materials must remain in the custody of the defense attorney, the attorney's                                 
29            staff, investigators, experts, and others as necessary for the preparation of the                            
30            defendant's case, and shall be subject to other terms and conditions that the                                
31            court may provide. The materials listed in this paragraph shall not be provided                              
01            to the defendant, but the information in the materials may be shared with the                                
02            defendant to the extent necessary to prepare the defense of the case:                                        
03                           (i)  a criminal history record of a victim or witness;                                        
04                           (ii)  a medical, psychiatric, psychological, or counseling                                    
05                 record of a victim or witness;                                                                          
06                           (iii)  an adoption record;                                                                    
07                           (iv)  a record that is confidential under AS 47.12.300 or                                     
08                 a similar law in another jurisdiction;                                                                  
09                           (v)  a report of a presentence investigation of a victim or                                   
10                 witness prepared pursuant to Criminal Rule 32.1 or a similar law in                                     
11                 another jurisdiction;                                                                                   
12                           (vi)  a record of the Department of Corrections other                                         
13                 than the defendant's own file and any other incident report relating to                                 
14                 the crime with which the defendant is charged; [AND]                                                    
15                           (vii)  any other record that the court orders be kept in the                                  
16                 exclusive custody of the attorney;                                                                  
17                           (viii)  in a prosecution under AS 11.41.410 - 11.41.440                                   
18                 or 11.41.450, an audio or video interview of a victim; and                                          
19                           (ix)  in a prosecution under AS 11.41.410 - 11.41.440                                     
20                 or 11.41.450, photographs taken during a medical examination of a                                   
21                 victim.                                                                                             
22                      (B)  An attorney shall not disclose to a defendant the residence                                   
23            or business address or telephone number of a victim or witness, obtained from                                
24            information provided under this rule, even if the defendant is acting as co-                                 
25            counsel. If the address and telephone numbers of all victims and witnesses                                   
26            have been obliterated, materials that had contained the address or telephone                                 
27            number of a victim or witness may be provided to a defendant proceeding                                      
28            without counsel only as allowed by AS 12.61.120.                                                             
29                      (C)  Notwithstanding a defendant's status as co-counsel,                                           
30            materials covered by subsection (d)(3)(A) shall remain in the custody of the                                 
31            defendant's attorney, the attorney's staff, investigators, experts, and others as                            
01            necessary for the preparation of the defendant's case, and shall be subject to                               
02            other terms and conditions that the court may provide.                                                       
03                      (D)  If a defendant is proceeding without counsel, materials                                       
04            covered by subsection (d)(3)(A) may be provided to the defendant. If materials                               
05            are provided to an unrepresented defendant under this paragraph, the court                                   
06            shall order that the materials remain in the defendant's exclusive custody, be                               
07            used only for purposes of conducting the case, and be subject to other terms,                                
08            conditions, and restrictions that the court may provide. Upon a showing of                                   
09            good cause, the court may impose specific terms, conditions, or restrictions                                 
10            concerning inspection of the materials by other persons involved in the                                      
11            preparation of the case, such as staff, investigators, experts, witnesses, or                                
12            others. The court shall also inform the defendant and such other persons                                     
13            involved in the preparation of the case that violation of an order issued under                              
14            this paragraph is punishable as a contempt of court and may also constitute a                            
15            criminal offense.                                                                                        
16    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
17 read:                                                                                                                   
18            DIRECT COURT RULE AMENDMENT. Rule 16(d), Alaska Rules of                                                     
19       Criminal Procedure, is amended by adding a new paragraph to read:                                                 
20                 (7)  Confidential filing. A party that files with the court or offers as an                             
21       exhibit materials listed in subsection (d)(3)(A)(viii) or (d)(3)(A)(ix) of this rule shall                        
22       file the materials in a confidential envelope. In this paragraph, "confidential" has the                          
23       meaning given in Rule 37.5, Alaska Rules of Administration.                                                       
24    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
25 read:                                                                                                                   
26            DIRECT COURT RULE AMENDMENT. Rule 8, Alaska Child in Need of                                                 
27       Aid Rules, is amended by adding new subsections to read:                                                          
28            (j)  Limitations on disclosure of certain recordings, images, and records that                               
29       are also evidence for an investigation under AS 11.41.410 - 11.41.450. Materials                                  
30       collected during an investigation under AS 47.10.011 or AS 47.14.300 that are also                                
31       evidence for an investigation under AS 11.41.410 - 11.41.450 furnished to an attorney                             
01       under these rules shall be used only for the purpose of conducting the case. A video or                           
02       audio recording or medical record of a child, including a photograph taken during a                               
03       medical examination of a child, must remain in the custody of a parent's attorney, the                            
04       attorney's staff, investigators, experts, and others as necessary for the preparation of                          
05       the parent's case, and shall be subject to other terms and conditions that the court may                          
06       provide. A video or audio recording or medical record of a child, including a                                     
07       photograph taken during a medical examination of a child, shall not be provided to the                            
08       parent, but the information in the materials may be shared with the parent to the extent                          
09       necessary to prepare the defense of the case.                                                                     
10            (k)  If a parent is proceeding without counsel, the materials described in (j) of                            
11       this section may be provided to the parent. If materials are provided to an                                       
12       unrepresented parent under this subsection, the court shall order that the materials                              
13       remain in the parent's exclusive custody, be used only for purposes of conducting the                             
14       case, and be subject to other terms, conditions, and restrictions that the court may                              
15       provide. Upon a showing of good cause, the court may impose specific terms,                                       
16       conditions, or restrictions concerning inspection of the materials by other persons                               
17       involved in the preparation of the case, such as staff, investigators, experts, witnesses,                        
18       or others. The court shall also inform the parent and other persons involved in the                               
19       preparation of the case that violation of an order issued under this subsection is                                
20       punishable as a contempt of court and may also constitute a criminal offense.                                     
21            (l)  Confidential filing. A party that files with the court or offers as an exhibit                          
22       materials listed in (j) of this rule shall file the materials in a confidential envelope. In                      
23       this subsection, "confidential" has the meaning given in Rule 37.5, Alaska Rules of                               
24       Administration.                                                                                                   
25            (m)  Notwithstanding another provision of this section, the legal custodian of a                             
26       child may provide records of a medical examination of a child to the child's treating                             
27       health care provider if the records are required for the treatment of the child. In this                          
28       subsection, "health care provider" includes a physician, dentist, physician assistant,                            
29       nurse, nurse practitioner, psychologist, counselor, marital and family therapist, village                         
30       or community health aide, community health worker, or another person that provides                                
31       health care treatment in the course and scope of the person's employment.                                         
01    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
02 read:                                                                                                                   
03       APPLICABILITY. (a) Sections 1 and 2 of this Act apply to offenses committed on or                                 
04 after the effective date of this Act.                                                                                   
05       (b)  Sections 3 - 5 of this Act apply to proceedings pending on or arising after the                              
06 effective date of this Act, regardless of whether the prosecution was initiated before the                              
07 effective date of the Act.                                                                                              
08    * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).                                                 
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