Section 12.61.120. Disclosure to defense; contacts with victims and witnesses.

   (a) The prosecution in a criminal case may not be required to furnish to the defendant personally the address or telephone number of a victim or witness absent a showing of good cause as determined by the court. Except as provided in (b) of this section, good cause exists when the defendant is proceeding without counsel. When a defendant is represented by counsel, the address and telephone number of a victim or witness may be disclosed to the defendant's counsel, but the court shall order the defendant's counsel to not disclose the information to the defendant.
   (b) If the defendant is proceeding without counsel in a case involving a charged violation of AS 11.41, AS 11.46.300 - 11.46.330, AS 11.56.740, 11.56.807, 11.56.810, AS 11.61.190 - 11.61.210, or a crime involving domestic violence and the court finds that the defendant may pose a continuing threat to the victim of or witness to the offense charged, the court shall protect the address and telephone number of the victim or witness by providing the information only to a person specified by the court or by imposing other restrictions that the court considers necessary. When an address or telephone number is released to a person specified by the court under this subsection, that person, who shall be ordered not to disclose the information to the defendant, shall contact the victim or witness on behalf of the defendant, and the defendant shall meet or speak with the victim or witness only in the presence of that person.
   (c) If a defendant or a person acting on behalf of a defendant contacts the victim of an offense with which the defendant is or could be charged, the person shall clearly inform the victim
        (1) of the person's identity and specific association with the defendant;
        (2) that the victim does not have to talk to the person unless the victim wishes; and
        (3) that the victim may have a prosecuting attorney or other person present during an interview.
   (d) If a defendant or a person acting on behalf of a defendant wishes to make a recording of statements of the victim of an offense with which the defendant is or could be charged in this or another jurisdiction, or of a witness, the person shall, before recording begins, obtain the consent of the victim or witness to record the statement by clearly informing the victim or witness (1) of the information set out in (c) of this section, (2) that the statement will be recorded if the victim or witness consents, and (3) that the victim or witness may obtain a transcript or other copy of the recorded statement upon request. When recording begins, the person making the recording shall indicate in the recording that the victim or witness has been informed as required by this subsection, and the victim or witness shall state in the recording that consent of the victim or witness to the recording has been given.
   (e) If a victim or witness requests a transcript or other copy of a recorded statement taken under (d) of this section, the defense shall prepare the transcript or other copy and provide it to the person whose statement was recorded.
   (f) In this section, "recording" means capturing a statement of a person, whether by magnetic tape or other electronic or electromagnetic means.

Authorities

12.61.125;12.61.127;12.61.120;12.61.900;25.20.110

Notes

References

AS 12.61.125 Victims and witnesses of sexual offenses.
AS 12.61.127
AS 12.61.127 Inadmissibility of statements taken in violation of AS 12.61.120
AS 12.61.127 Inadmissibility of statements taken in violation of AS 12.61.120 or 12.61.125.
AS 12.61.900 Definitions.
AS 25.20.110 Modification of child custody or visitation.

History

(Sec. 13 ch 57 SLA 1991; am Sec. 29 ch 79 SLA 1992; am Sec. 17 - 19 ch 64 SLA 1996; am Sec. 19 ch 92 SLA 2002)