Alaska 33rd Legislature (2023-2024) Status: In Committee

HB 67 — An Act relating to criminal law and procedure; relating to the crime of stalking; relating to consecutive sentencing for violation of conditions of release; relating to the duty to register as a sex offender; amending the definition of 'sex offense'; amending the definition of 'crime involving domestic violence'; relating to multidisciplinary child protection teams; amending Rule 6(r), Alaska Rules of Criminal Procedure; and providing for an effective date.

Last action — (H) REFERRED TO FINANCE

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

408 added · 643 removed

Plain-language change summary

The recent amendments to House Bill 67 made significant changes to how grand jury evidence is handled. The updated version clarifies that prosecutors only need to believe evidence will be admissible at trial, rather than knowing it conclusively; this overturns a previous court decision that required stricter standards for grand jury evidence. This shift aims to streamline the grand jury process and help ensure that justice is served more effectively, while also protecting the rights of victims.

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33-GH1031\B CS FOR HOUSE BILL NO.
33-GH1031\A HOUSE BILL NO.
67(JUD) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THE HOUSE JUDICIARY COMMITTEE Referred:
67 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced:
Finance Sponsor(s):
2/8/23 Referred:
HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act relating to criminal law and procedure;
Judiciary, Finance A BILL FOR AN ACT ENTITLED "An Act relating to criminal law and procedure;
relating to grand juries;
amending Rules 5(e), 6, and 6.1, Alaska Rules of Criminal Procedure;
amending Rule 6(r), Alaska Rules of Criminal Procedure;
repealing Rules 6.1(b)(2) and (3), Alaska Rules of Criminal Procedure;
(a) The legislature finds that safeguarding the constitution is not solely the responsibility of the courts and that every branch of state government has a duty to uphold the constitution.
(a) The legislature finds that it is not now, nor has it ever been, the case that a prosecutor must know conclusively that evidence admitted at grand jury will also be admitted at trial.
When the foundational HB0067b -1- CSHB 67(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B institutions outlined in the constitution are disregarded or marginalized, it is imperative for the legislature to fortify those institutions.
(b) The legislature further finds that evidence is generally admissible at grand jury as HB0067a -1- HB 67 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A long as the prosecutor believes that the evidence will be admissible at the time of trial.
(b) It is the intent of the legislature to protect the constitutional rights of citizens of the state by empowering the grand jury to seek justice and minimize trauma to victims while upholding due process.
(c) It is the intent of the legislature that Criminal Rule 6(r), as amended by sec.
(c) The legislature further finds that a grand jury's constitutional duties to return indictments and investigate matters concerning public welfare and safety are complementary and must be performed in a manner that protects citizens' constitutional rights.
12 of this Act, overturns the decision of the Alaska Court of Appeals in State v.
(d) It is the intent of the legislature that Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec.
25 of this Act, overturns the decision of the Alaska Court of Appeals in State v.
2021), to the extent the decision held that hearsay evidence admissible under the hearsay exception under Rule 801(d)(3), Alaska Rules of Evidence, is inadmissible at grand jury if certain foundational requirements cannot be met at the time of grand jury.
2021), to the extent the decision held that hearsay evidence admissible under the hearsay exception under Alaska Rule of Evidence 801(d)(3) is inadmissible at grand jury if certain foundational requirements cannot be met at the time of grand jury.
AS 09.20.080 is amended by adding a new subsection to read:
(c) The jury panel for a grand jury includes not fewer than two alternate jurors.
The presiding judge shall designate the alternate jurors at the time a grand jury is selected.
* Sec.
3.
AS 09.20.090 is amended by adding a new subsection to read:
(b) When a grand jury is impaneled, the court shall provide the jury with written instructions that include state statutes relating to grand juries.
* Sec.
4.
(4) at any time during the course of conduct constituting the offense, CSHB 67(JUD) -2- HB0067b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B the defendant possessed a deadly weapon;
(4) at any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon;
5.
3.
AS 12.40.030 is amended to read:
Sec.
12.40.030.
Duty of inquiry into crimes and general powers.
The grand jury shall inquire into all crimes committed or triable within the jurisdiction of the court and present them to the court.
The grand jury shall have the power to initiate investigations, investigate, issue indictments consistent with AS 12.40.170, and make recommendations concerning the public welfare or safety.
The power of grand juries to investigate and make recommendations concerning the public welfare or safety may not be limited or suspended.
* Sec.
6.
AS 12.40.030 is amended by adding new subsections to read:
(b) An individual grand juror may propose that the grand jury investigate a matter concerning the public welfare or safety.
If, after a reasonable time for consideration, as established by a majority of the grand jury members, the grand jury determines that the matter should be investigated, the grand jury shall initiate an investigation.
(c) For purposes of this section, a matter that concerns a private cause of action, or a matter that could be the basis of a civil claim, does not qualify as a matter concerning the public welfare or safety.
* Sec.
7.
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AS 12.40.040 is amended to read:
Sec.
12.40.040.
Juror to disclose knowledge of crime.
If an individual grand HB0067b -3- CSHB 67(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B juror knows or has reason to believe that a crime has been committed that is triable by the court, the juror shall disclose it to (1) the other jurors, who shall investigate it;
and (2) the prosecuting attorney or presiding judge.
* Sec.
8.
AS 12.40.050 is amended to read:
Sec.
12.40.050.
Holding to answer as affecting indictment or presentment.
The grand jury may indict or present a person for a crime upon sufficient evidence, whether that person has been held to answer for the crime or not.
The grand jury may direct the prosecutor to prepare an indictment.
* Sec.
9.
AS 12.40.070 is amended to read:
Sec.
12.40.070.
Duty of prosecuting attorney.
The prosecuting attorney (1) shall submit an indictment to the grand jury and cause the evidence in support of the indictment to be brought before them in every case when a person is held to answer a criminal charge in the court where the jury is formed;
(2) may submit an indictment in any case when the prosecuting attorney has good reason to believe a crime has been committed that is triable by the court;
[AND] (3) shall, when required by the grand jury, prepare indictments or presentments for them or a replacement grand jury and attend their sittings to advise them in relation to their duties or to examine witnesses in their presence;
and (4) make arrangements for a citizen to speak with a grand juryas provided under AS 12.40.140.
* Sec.
10.
AS 12.40.090 is amended by adding a new subsection to read:
(b) Violation of (a) of this section is a class A misdemeanor.
* Sec.
11.
AS 12.40.100 is amended by adding a new subsection to read:
(d) Only evidence that could be admissible at trial may be included in an indictment.
* Sec.
12.
AS 12.40.110 is repealed and reenacted to read:
Sec.
12.40.110.
Hearsay evidence.
(a) All evidence or information may be presented to the grand jury.
A witness may be presented to summarize admissible evidence if the admissible evidence will be available at trial.
CSHB 67(JUD) -4- HB0067b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B (b) The prosecuting attorney shall, before indictment, inform the grand jury if information presented to the grand jury may be considered hearsay or determined inadmissible at trial by the court.
(c) Information that would be inadmissible at trial may be included in a report by the grand jury.
* Sec.
13.
AS 12.40 is amended by adding new sections to read:
Sec.
12.40.120.
Obstructing a grand jury.
(a) A person commits the crime of obstructing a grand jury if the person intentionally fails to give or directs, orders, threatens, restrains, coerces, forces, or prevents another person from giving full cooperation to the grand jury in assembling or furnishing requested information to the grand jury.
(b) It is not a violation of (a) of this section if a prosecutor or judicial officer (1) informs a grand jury of its ability to refer matters to an ombudsman;
(2) explains potential consequences of a grand jury investigation, including a grand jury investigation's interference with an investigation by law enforcement;
(3) advises a grand jury of the time commitment that may be required to investigate a matter brought before it;
(4) gives instructions or explains procedure to the grand jury for another reason before or during an investigation.
(c) Obstructing a grand jury is a class A misdemeanor.
Sec.
12.40.130.
Prosecutorial misconduct.
If a grand jury investigation concerns possible prosecutorial misconduct or misconduct on the part of an employee or agent of the Department of Law so that having a prosecuting attorney or the Department of Law proceed with an investigation would create an appearance of impropriety or conflict, the prosecuting attorney shall immediately advise the attorney general.
The attorney general shall appoint a neutral attorney to assist the grand jury in its investigation and the preparation of its report.
Sec.
12.40.140.
Citizen investigation requests.
If a citizen who is not serving on a grand jury believes a matter of public welfare or safety should be investigated by HB0067b -5- CSHB 67(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B a grand jury, the citizen may speak with a prosecuting attorney.
The prosecuting attorney shall make arrangements for the citizen to speak with the grand jury under AS 12.40.070.
A majority of grand jury members shall determine whether an investigation into the citizen's concern is warranted.
Sec.
12.40.150.
Reports.
A grand jury shall make a report only upon the concurrence of a majority of the total number of grand jurors on the grand jury.
A foreperson shall sign the grand jury report.
A grand jury report may include allegations of criminal conduct.
Sec.
12.40.160.
Subpoena power.
While conducting an investigation and preparing a report concerning a matter of public welfare or safety, a grand jury may, upon approval of a majority of the grand jurors, issue a subpoena to compel testimony from witnesses or to compel the production of documents.
A subpoena may be issued only after due consideration by the grand jury of the reasonableness of the proposed subpoena and the necessity of the anticipated testimony or documents.
Sec.
12.40.170.
Due Process.
If, while conducting an investigation, a grand jury requests or receives information that may be considered prejudicial or inadmissible in court, the prosecuting attorney shall inform the grand jury of the ramifications and emphasize that inclusion of the information may jeopardize the validity of an indictment issued by the grand jury.
If the grand jury proceeds with the investigation despite the inclusion of prejudicial or inadmissible evidence, the grand jury may request that any indictment based on that investigation be transferred to another grand jury.
The grand jury has a right to continue the investigation and produce a grand jury report containing recommendations related to matters of public welfare or safety.
Sec.
12.40.180.
Replacement grand jury.
If a grand jury requests that an indictment be brought before another grand jury under AS 12.40.170, a new grand jury shall be convened to pursue the indictment and the court may extend the time limit for preliminary examination to 20 days.
Sec.
12.40.190.
Peace officer testimony.
If the testimony presented by a peace officer to a grand jury is inaccurate because of intentional or negligent misstatements or omissions and the defendant shows that the inaccuracy prejudices substantial rights CSHB 67(JUD) -6- HB0067b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B of the defendant, the court shall dismiss an indictment resulting from the testimony.
* Sec.
14.
AS 12.45.045(a) is amended to read:
(a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse of a minor in any degree, unlawful exploitation of a minor, sex trafficking in any degree, or an attempt to commit any of these crimes, evidence of the sexual conduct of the complaining witness, occurring either before or after the offense charged, may not be admitted nor may reference be made to it in the presence of the jury except as provided in this section.
When the defendant seeks to admit the evidence for any purpose, the defendant shall apply for an order of the court not later than five days before trial or at a later time as the court may, for good cause, permit.
The defendant may, for good cause shown, apply for an order during trial if the request is based on information learned after the deadline or during the trial.
After the application is made, the court shall conduct a hearing in camera to determine the admissibility of the evidence.
If the court finds that evidence offered by the defendant regarding the sexual conduct of the complaining witness is relevant, and that the probative value of the evidence offered is not outweighed by the probability that its admission will create undue prejudice, confusion of the issues, or unwarranted invasion of the privacy of the complaining witness, the court shall make an order stating what evidence may be introduced and the nature of the questions that may be permitted.
The defendant may then offer evidence under the order of the court.
* Sec.
15.
(c) If the defendant is being sentenced for (1) escape, the term of imprisonment shall be consecutive to the term for the underlying crime;
(c) If the defendant is being sentenced for (1) escape, the term of imprisonment shall be consecutive to the term HB 67 -2- HB0067a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A for the underlying crime;
(C) the presumptive term specified in AS 12.55.125(c) or the HB0067b -7- CSHB 67(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B active term of imprisonment, whichever is less, for each additional crime that is (i) manslaughter;
(C) the presumptive term specified in AS 12.55.125(c) or the active term of imprisonment, whichever is less, for each additional crime that is (i) manslaughter;
16.
4.
(b) A sex offender or child kidnapper required to register under (a) of this section shall register with the Department of Corrections if the sex offender or child kidnapper is incarcerated or in person at the Alaska state trooper post or municipal police department located nearest to where the sex offender or child kidnapper resides at the time of registration.
(b) A sex offender or child kidnapper required to register under (a) of this section shall register with the Department of Corrections if the sex offender or child kidnapper is incarcerated or in person at the Alaska state trooper post or municipal HB0067a -3- HB 67 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A police department located nearest to where the sex offender or child kidnapper resides at the time of registration.
[, AT A MINIMUM,] (A) the sex offender's or child kidnapper's full name, mailing and physical addresses, school address, telephone numbers used by the sex offender or child kidnapper, social security number, passport CSHB 67(JUD) -8- HB0067b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B information, citizenship status, physical address of employment, name of employer, job title [PLACE OF EMPLOYMENT], and date of birth;
[, AT A MINIMUM,] (A) the sex offender's or child kidnapper's full name, mailing and physical address, school address, telephone numbers used by the sex offender or child kidnapper, social security number, passport information, citizenship status, physical address of employment, name of employer [PLACE OF EMPLOYMENT], job title, and date of birth;
(H) a statement concerning whether the offender or kidnapper has had treatment for a mental abnormality or personality disorder since the date of conviction for an offense requiring registration under this chapter;
(H) a statement concerning whether the offender or kidnapper HB 67 -4- HB0067a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A has had treatment for a mental abnormality or personality disorder since the date of conviction for an offense requiring registration under this chapter;
(2) allow the Alaska state troopers, Department of Corrections, [OR] HB0067b -9- CSHB 67(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B municipal police, or any peace officer to take a complete set of the sex offender's or child kidnapper's fingerprints and palm prints, and to take the sex offender's or child kidnapper's photograph.
(2) allow the Alaska state troopers, Department of Corrections, [OR] municipal police, or any peace officer to take a complete set of the sex offender's or child kidnapper's fingerprints and palm prints, and to take the sex offender's or child kidnapper's photograph.
17.
5.
18.
6.
(g) If a sex offender or child kidnapper plans to leave the state after having registered under (a) of this section, the sex offender or child kidnapper shall appear in person at and provide to the department or a municipal police department in the state written notice of the plan to leave the state at least seven calendar days before leaving the state.
(g) If a sex offender or child kidnapper plans to leave the state after having registered under (a) of this section, the sex offender or child kidnapper shall appear in person and provide written notice to the department or a municipal police department in the state of the plan to leave the state at least seven calendar days before leaving the HB0067a -5- HB 67 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A state.
If a sex offender or child kidnapper plans to leave the state for international travel after having registered under (a) of this section, the sex offender or child kidnapper shall appear in person at and provide to the department or a municipal police department in the state written notice of the plan for any intended travel outside the United States at least 21 days before leaving the state for international travel.
If a sex offender or child kidnapper plans to leave the state for international travel after having registered under (a) of this section, the sex offender or child kidnapper shall appear in person and provide written notice to the department or a municipal police department in the state of the plan for any intended travel outside the United States at least 21 days before leaving the state for international travel.
(h) If a sex offender or child kidnapper is away from the physical address provided to the department under (b)(1)(A) of this section for a period of seven days or more, the sex offender or child kidnapper shall notify the department in writing of CSHB 67(JUD) -10- HB0067b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B the address being used by the sex offender or child kidnapper while away from the residence provided under (b)(1)(A) of this section.
(h) If a sex offender or child kidnapper is away from the address provided to the department under (b)(1)(A) of this section for seven days or more, the sex offender or child kidnapper shall notify the department in writing of the address being used by the sex offender or child kidnapper while away from the residence provided under (b)(1)(A) of this section.
19.
7.
the registration period under this subparagraph (i) is tolled for the period [EACH YEAR] that a sex offender or child kidnapper fails to comply with the requirements of this chapter or is incarcerated for the offense or kidnapping for which the offender or kidnapper is required to register or for any other offense;
the registration period under this subparagraph (i) is tolled for the period [EACH YEAR] that a sex offender or child kidnapper fails to comply with the requirements of HB 67 -6- HB0067a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A this chapter or is incarcerated for the offense or kidnapping for which the offender or kidnapper is required to register or for any other offense;
(ii) may include the time a sex offender or child kidnapper was absent from this state if the sex offender or child kidnapper has complied with any sex offender or child kidnapper registration requirements of the jurisdiction in which the offender or kidnapper was located and if the sex offender or child kidnapper HB0067b -11- CSHB 67(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B provides the department with proof of the compliance while the sex offender or child kidnapper was absent from this state;
(ii) may include the time a sex offender or child kidnapper was absent from this state if the sex offender or child kidnapper has complied with any sex offender or child kidnapper registration requirements of the jurisdiction in which the offender or kidnapper was located and if the sex offender or child kidnapper provides the department with proof of the compliance while the sex offender or child kidnapper was absent from this state;
20.
8.
(C) a crime, or an attempt, solicitation, or conspiracy to commit a crime, under the following statutes or a similar law of another jurisdiction:
HB0067a -7- HB 67 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A (C) a crime, or an attempt, solicitation, or conspiracy to commit a crime, under the following statutes or a similar law of another jurisdiction:
CSHB 67(JUD) -12- HB0067b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B (v) AS 11.61.125 - 11.61.128;
(v) AS 11.61.125 - 11.61.128;
(vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or AS 26.05.900(b) if the person who was induced or caused to engage in prostitution was under 21 [20] years of age at the time of the offense;
(vi) [AS 11.66.110,] 11.66.130(a)(2)(B), or AS 26.05.900(b) if the person who was induced or caused to engage in prostitution was under 20 years of age at the time of the offense;
(xiv) AS 26.05.900 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, regardless of whether the offender is in the direct chain ofomand over the victim;
(xiv) AS 26.05.900 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, HB 67 -8- HB0067a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A regardless of whether the offender is in the direct chain omand over the victim;
(D) an offense, or an attempt, solicitation, or conspiracy to HB0067b -13- CSHB 67(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B commit an offense, under AS 26.05.935(b), or a similar law of another jurisdiction, if the member of the militia commits one of the following enumerated offenses punishable under Article 134, 10 U.S.C.
(D) an offense, or an attempt, solicitation, or conspiracy to commit an offense, under AS 26.05.935(b), or a similar law of another jurisdiction, if the member of the militia commits one of the following enumerated offenses punishable under Article 134, 10 U.S.C.
or (ii) pandering and prostitution if the person who is induced, enticed, caused, or procured to engage in a sexual act is under 21 [20] years of age at the time of the offense;
or (ii) pandering and prostitution if the person who is induced, enticed, caused, or procured to engage in a sexual act is under 20 years of age at the time of the offense;
21.
9.
(H) harassment under AS 11.61.120(a)(2) - (4) or (6);
HB0067a -9- HB 67 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A (H) harassment under AS 11.61.120(a)(2) - (4) or (6);
or (I) cruelty to animals under AS 11.61.140(a)(5) if the animal is a pet;
[OR] (I) cruelty to animals under AS 11.61.140(a)(5) if the animal is a pet;
CSHB 67(JUD) -14- HB0067b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B * Sec.
* Sec.
22.
10.
5131 (Federally Recognized Indian Tribe List Act of 1994) with expertise in child abuse or neglect, in partnership with the department, may facilitate the initial establishment of a multidisciplinary child protection team.
479a (Federally Recognized Indian Tribe List Act of 1994) with expertise in child abuse or neglect, in partnership with the department, may facilitate the initial establishment of a multidisciplinary child protection team.
to assist in the evaluation and investigation of reports of sexual contact or sexual penetration, as defined in AS 11.81.900(b), occurring between children under 13 years of age;
to assist in the evaluation and investigation of reports of sexual contact or sexual penetration, as defined in AS 11.81.900, occurring between children under 13 years of age;
23.
11.
4, FSSLA 2019, is amended to read:
4, FSSLA HB 67 -10- HB0067a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A 2019, is amended to read:
24.
12.
The uncodified law of the State of Alaska is amended by adding a new section to HB0067b -15- CSHB 67(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B read:
The uncodified law of the State of Alaska is amended by adding a new section to read:
Rule 5(e), Alaska Rules of Criminal Procedure, is amended to read:
Rule 6(r), Alaska Rules of Criminal Procedure, is amended to read:
(e) Felonies - Other Requirements at First Appearance.
(r) Admissibility of Evidence.
(1) If the charge against the defendant is a felony, the defendant shall not be called upon to plead.
(1) Evidence which the prosecutor believes would be legally admissible at trial shall be admissible before the grand jury.
(2) The judicial officer shall inform the defendant of the right to a preliminary examination.
A defendant is entitled to a preliminary examination if the defendant is charged with a felony for which the defendant has not been indicted, unless (A) the defendant waives the preliminary examination, or (B) an information has been filed against the defendant with the defendant's consent in the superior court.
(3) If the defendant after having had the opportunity to consult with counsel waives preliminary examination, the judicial officer shall forthwith hold the defendant to answer in the superior court.
(4) If the defendant does not waive preliminary examination, the judicial officer shall schedule a preliminary examination.
Such examination shall be held within a reasonable time, but in no event later than (A) 10 days following the initial appearance, if the defendant is in custody, or (B) 20 days following the initial appearance, if the defendant is not in custody or if a replacement grand jury has been impaneled pursuant to AS 12.40.180.
With the consent of the defendant and upon a showing of good cause, taking into account the public interest in prompt disposition of criminal cases, the judicial officer may extend the time limits specified in this subsection one or more times.
In the absence of consent by the defendant, the judicial officer may extend these time limits only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interest of justice.
* Sec.
25.
The uncodified law of the State of Alaska is amended by adding a new section to CSHB 67(JUD) -16- HB0067b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B read:
DIRECT COURT RULE AMENDMENT.
Rule 6(s), Alaska Rules of Criminal Procedure, is amended to read:
(s) Admissibility of Evidence.
(1) All evidence or information may be presented to [EVIDENCE WHICH WOULD BE LEGALLY ADMISSIBLE AT TRIAL SHALL BE ADMISSIBLE BEFORE] the grand jury.
IF HEARSAY EVIDENCE IS PRESENTED TO THE GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE RECORD.] (2) [IN A PROSECUTION FOR AN OFFENSE UNDER AS 11.41.410 — 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO EVIDENCE BEFORE THE GRAND JURY IF (i) THE CIRCUMSTANCES OF THE STATEMENT INDICATE ITS RELIABILITY;
IF HEARSAY EVIDENCE IS PRESENTED TO THE GRAND JURY, THE REASONS FOR ITS USE SHALL BE STATED ON THE RECORD.] (2) [IN A PROSECUTION FOR AN OFFENSE UNDER AS 11.41.410 - 11.41.458, HEARSAY EVIDENCE OF A STATEMENT RELATED TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MADE BY A CHILD WHO IS THE VICTIM OF THE OFFENSE MAY BE ADMITTED INTO EVIDENCE BEFORE THE GRAND JURY IF (i) THE CIRCUMSTANCES OF THE STATEMENT INDICATE ITS RELIABILITY;
(iii)ADDITIONAL EVIDENCE IS INTRODUCED TO CORROBORATE THE STATEMENT;
HB0067a -11- HB 67 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A (iii)ADDITIONAL EVIDENCE IS INTRODUCED TO CORROBORATE THE STATEMENT;
(3) HEARSAY EVIDENCE RELATED TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE HB0067b -17- CSHB 67(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B THE GRAND JURY IF (i) THE INDIVIDUAL PRESENTING THE HEARSAY EVIDENCE IS A PEACE OFFICER INVOLVED IN THE INVESTIGATION;
(3) HEARSAY EVIDENCE RELATED TO THE OFFENSE, NOT OTHERWISE ADMISSIBLE, MAY BE ADMITTED INTO EVIDENCE BEFORE THE GRAND JURY IF (i) THE INDIVIDUAL PRESENTING THE HEARSAY EVIDENCE IS A PEACE OFFICER INVOLVED IN THE INVESTIGATION;
[(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL CONDUCT IS INTENDED AS AN ASSERTION.
(3) [(5) IN THIS SECTION "STATEMENT" MEANS AN ORAL OR WRITTEN ASSERTION OR NONVERBAL CONDUCT IF THE NONVERBAL CONDUCT IS INTENDED AS AN ASSERTION.
(6) WHEN A PRIOR CONVICTION IS AN ELEMENT OF AN OFFENSE, HEARSAY EVIDENCE RECEIVED THROUGH THE ALASKA PUBLIC SAFETY INFORMATION NETWORK OR FROM OTHER GOVERNMENT AGENCIES OF PRIOR CONVICTIONS MAY BE PRESENTED TO THE GRAND JURY.] * Sec.
(6)] When a prior conviction is an element of an offense, hearsay evidence received through the Alaska Public Safety Information Network or from other government agencies of prior convictions may be presented to the grand jury.
26.
The uncodified law of the State of Alaska is amended by adding a new section to read:
DIRECT COURT RULE AMENDMENT.
Rule 6.1(a), Alaska Rules of Criminal Procedure, is amended to read:
(a) Authority to Investigate and Issue Reports.
A grand jury is constitutionally authorized to investigate and make reports and recommendations concerning the public welfare or safety.
[AN ISSUE CONCERNS THE PUBLIC WELFARE OR SAFETY, AND THEREFORE IS WITHIN THE SCOPE OF A CSHB 67(JUD) -18- HB0067b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B GRAND JURY'S INVESTIGATIVE AUTHORITY, WHEN (1) THE INVESTIGATION OF THE ISSUE COULD FURTHER A PUBLIC POLICY OF THE STATE;
(2) THE OUTCOME OF THE INVESTIGATION COULD REASONABLY BE EXPECTED TO BENEFIT A LARGE NUMBER OF PEOPLE, RATHER THAN TO BENEFIT ONLY AN INDIVIDUAL OR SMALL GROUP OF INDIVIDUALS;
AND (3) THE ISSUE INVOLVES A MATTER OF GENERAL IMPORTANCE TO A LARGE NUMBER OF PEOPLE, RATHER THAN TO AN INDIVIDUAL OR A SMALL GROUP OF INDIVIDUALS.] * Sec.
27.
The uncodified law of the State of Alaska is amended by adding a new section to read:
INDIRECT COURT RULE AMENDMENTS.
The provisions of secs.
2, 3, and 5 - 13 of this Act have the effect of changing Rules 6 and 6.1, Alaska Rules of Criminal Procedure, by changing the procedure for grand jury proceedings, the duties and authority of a grand jury, and the evidence that may be presented to a grand jury.
28.
13.
The uncodified law of the State of Alaska is amended by adding a new section to read:
AS 12.40.110 is repealed.
REPEAL OF COURT RULES.
Rules 6.1(b)(2) and (3), Alaska Rules of Criminal Procedure, are repealed.
29.
14.
APPLICABILITY.
HB 67 -12- HB0067a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\A APPLICABILITY.
4 of this Act, AS 12.55.127(c), as amended by sec.
2 of this Act, AS 12.55.127(c), as amended by sec.
15 of this Act, and AS 18.66.990(3), as amended by sec.
3 of this Act, and AS 18.66.990(3), as amended by sec.
21 of this Act, apply to offenses committed on or after the effective date of this Act.
9 of this Act, apply to offenses committed on or after the effective date of this Act.
16 of this Act, AS 12.63.010(d), as amended by sec.
4 of this Act, AS 12.63.010(d), as amended by sec.
17 of this Act, and AS 12.63.010(g) and (h), enacted by sec.
5 of this Act, and AS 12.63.010(g) and (h), enacted by sec.
18 of this Act, applies to the duty to register as a sex offender or child kidnapper for offenses committed before, on, or after the effective date of this Act.
6 of this Act, applies to the duty to register as a sex offender or child kidnapper for offenses committed before, on, or after the effective date of this Act.
19 of this Act, applies to the tolling of the HB0067b -19- CSHB 67(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1031\B duty to register as a sex offender or child kidnapper on or after the effective date of this Act for determinations of noncompliance made by the Department of Public Safety on or after the effective date of this Act.
7 of this Act, applies to the tolling of the duty to register as a sex offender or child kidnapper on or after the effective date of this Act for determinations of noncompliance made by the Department of Public Safety on or after the effective date of this Act.
19 of this Act, may be construed as invalidating a decision by the Department of Public Safety to toll the period of registration or continue the period of registration under AS 12.63 before the effective date of this Act.
7 of this Act, may be construed as invalidating a decision of the Department of Public Safety to toll the period of registration or continue the period of registration under AS 12.63 before the effective date of this Act.
20 of this Act, applies to the duty to register as a sex offender for offenses committed on or after the effective date of this Act.
8 of this Act, applies to the duty to register as a sex offender for offenses committed on or after the effective date of this Act.
(f) Rule 5(e), Alaska Rules of Criminal Procedure, as amended by sec.
(f) Rule 6(r), Alaska Rules of Criminal Procedure, as amended by sec.
24 of this Act, and Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec.
12 of this Act, applies to indictments occurring on or after the effective date of this Act for offenses committed before, on, or after the effective date of this Act.
25 of this Act, apply to indictments occurring on or after the effective date of this Act for offenses committed before, on, or after the effective date of this Act.
30.
15.
(a) Rule 5(e), Alaska Rules of Criminal Procedure, as amended by sec.
Rule 6(r), Alaska Rules of Criminal Procedure, as amended by sec.
24 of this Act, takes effect only if sec.
12 of this Act, takes effect only if sec.
24 of this Act receives the two-thirds majority vote of each house required by art.
12 of this Act receives the two-thirds majority vote of each house required by art.
(b) Rule 6(s), Alaska Rules of Criminal Procedure, as amended by sec.
25 of this Act, takes effect only if sec.
25 of this Act receives the two-thirds majority vote of each house required by art.
IV, sec.
15, Constitution of the State of Alaska.
(c) Rule 6.1(a), Alaska Rules of Criminal Procedure, as amended by sec.
26 of this Act, takes effect only if sec.
26 of this Act receives the two-thirds majority vote of each house required by art.
IV, sec.
15, Constitution of the State of Alaska.
(d) Sections 2, 3, and 5 - 13 of this Act take effect only if sec.
27 of this Act receives the two-thirds majority vote of each house required by art.
IV, sec.
15, Constitution of the State of Alaska.
(e) The repeal of Rules 6.1(b)(2) and (3), Alaska Rules of Criminal Procedure, by sec.
28 of this Act takes effect only if sec.
28 of this Act receives the two-thirds majority vote of each house required by art.
IV, sec.
15, Constitution of the State of Alaska.
31.
16.
This Act takes effect July 1, 2024.
This Act takes effect July 1, 2023.
CSHB 67(JUD) -20- HB0067b New Text Underlined [DELETED TEXT BRACKETED]
HB0067a -13- HB 67 New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (H) REFERRED TO FINANCE

  2. (H) FN11: (ADM)

  3. (H) FN10: (ADM)

  4. (H) FN9: ZERO(DPS)

  5. (H) FN8: ZERO(LAW)

  6. (H) FN7: ZERO(AJS)

  7. (H) FN6: ZERO(COR)

  8. (H) AM: GRAY, GROH

  9. (H) DP: C.JOHNSON, CARPENTER, ALLARD, VANCE

  10. (H) JUD RPT CS(JUD) NEW TITLE 4DP 2AM

  11. (H) Minutes (HJUD)

  12. (H) Moved CSHB 67(JUD) Out of Committee -- Delayed to 5:45 PM --

  13. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  14. (H) -- Testimony <Invitation Only> -- -- MEETING CANCELED --

  15. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  16. (H) -- MEETING CANCELED --

  17. (H) JUDICIARY at 01:30 PM GRUENBERG 120

  18. (H) -- MEETING CANCELED --

  19. (H) JUDICIARY at 01:30 PM GRUENBERG 120

  20. (H) Minutes (HJUD)

  21. (H) Heard & Held -- Please Note Time Change --

  22. (H) JUDICIARY at 01:30 PM GRUENBERG 120

  23. (H) Minutes (HJUD)

  24. (H) Heard & Held -- Delayed to 1:10 PM --

  25. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  26. (H) Minutes (HJUD)

  27. (H) Heard & Held -- Please Note Time Change --

  28. (H) JUDICIARY at 01:30 PM GRUENBERG 120

  29. (H) Minutes (HJUD)

  30. (H) Heard & Held

  31. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  32. (H) Minutes (HJUD)

  33. (H) Heard & Held

  34. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  35. (H) GOVERNOR'S TRANSMITTAL LETTER

  36. (H) FN5: (ADM)

  37. (H) FN4: (ADM)

  38. (H) FN3: ZERO(DPS)

  39. (H) FN2: ZERO(LAW)

  40. (H) FN1: ZERO(COR)

  41. (H) JUD, FIN

  42. (H) READ THE FIRST TIME - REFERRALS

Sponsors

  • House Rules · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

  • House Rules

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

Show all 64 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors HB 67?
HB 67 is sponsored by House Rules.
What is the current status of HB 67?
This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 67?
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