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AK SB176

Bill

Status

Introduced

2/10/2016

Primary Sponsor

Alberta Gardner

Click for details

Origin

Senate

29th Legislature

AI Summary

  • Prohibits admission of evidence about a complaining witness's prior reports of sexual assault, sexual abuse of a minor, or unlawful exploitation of a minor in prosecutions for these crimes, except under specified conditions.

  • Requires defendants seeking to admit such evidence to apply to the court no later than five days before trial, with exceptions for good cause.

  • Permits admission only if the court finds: the probative value is not outweighed by prejudice or privacy concerns, evidence complies with all evidentiary rules, and the defendant proves by clear and convincing evidence that the prior report was false and the witness knew it was false.

  • Establishes that recantation, delayed reporting, noncooperation with law enforcement, or lack of corroborating evidence alone cannot establish that a prior report was false.

  • Presumes evidence of prior reports occurring more than one year before the charged offense is inadmissible absent a persuasive showing to the contrary.

Legislative Description

Evidence: Prior Reports Of Sex Assaults

Crimes

Last Action

REFERRED TO JUDICIARY

2/22/2016

Committee Referrals

Judiciary2/10/2016

Full Bill Text

No bill text available