IN THE SUPREME COURT OF THE STATE OF ALASKA

                        ORDER NO.   1293  

                                  Amending Criminal Rules 6 and
43 and Evidence Rules 404 and 615 to incorporate changes made by
chapter 63 SLA 1997. 

IT IS ORDERED:

    1.   Paragraph (u) of Criminal Rule 6 is amended to read:
         
              (u)  Telephonic Testimony. 

              (1)  A witness may participate
telephonically in grand jury proceedings if the witness:

              (A)  would be required to travel more
than 50 miles to the situs of the grand jury; or

              (B)  lives in a place from which people
customarily travel by air to the situs of the grand jury.

              (2)  A witness who is not entitled to
participate telephonically under subparagraph (1) may participate
telephonically with approval of the presiding judge of the judicial
district, or the presiding judge's designee. A motion to allow
telephonic testimony under this subparagraph may be ex parte and
shall be accompanied by an affidavit of the prosecuting attorney
that states the reason telephonic testimony is requested.

              (3)  If a witness participates
         telephonically in grand jury proceedings,
         after the witness is sworn, the prosecuting
attorney shall require the witness to:

              (A)  state the location from which the
witness is testifying; and

              (B)  verify

              (i)  that the witness' conversation
cannot be overheard;

              (ii) that no extension for the telephone
from which the witness is testifying is in use; and

              (iii) that the witness will notify the
grand jury immediately if any person can overhear the witness'
testimony or if the witness becomes aware that an extension for the
telephone enters use during the testimony.

    2.   The following note is added at the end of Criminal Rule
6:
         Note to SCO 1293:  Criminal Rule 6(u) was
amended by  20 & 25 ch. 63 SLA 1997 to eliminate the requirement
that the prosecution must obtain permission from the court before
a victim can testify by telephone.  Section 1 of this order is
adopted for the sole reason that the legislature has mandated the
amendment.  

    3.   Paragraph (d) of Criminal Rule 43 is amended to read:

              (d)  Discharge from Custody   Exoneration
of Bail.  Except as provided in AS 12.30.035, when dismissal is
ordered pursuant to this rule the defendant shall be discharged
from custody, or if admitted to bail, the bail exonerated, or money
deposited in lieu thereof refunded to the depositors.

    4.   Paragraph (b) of Evidence Rule 404 is amended by adding
subparagraph (4) which reads:

              (4)  In a prosecution for a crime
involving domestic violence or of interfering with a report of a
crime involving domestic violence, evidence of other crimes
involving domestic violence by the defendant against the same or
another person or of interfering with a report of a crime involving
domestic violence is admissible.  In this paragraph, "domestic
violence" and "crime involving domestic violence" have the meanings
given in AS 18.66.990.

    5.   The following note is added at the end of Evidence Rule
404:

         Note to SCO 1293:  Evidence Rule 404(b)(4) was
added by  22 ch. 63 SLA 1997.  Section 5 of this order is adopted
for the sole reason that the legislature has mandated the
amendment.  

    6.   Evidence Rule 615 is amended to read:

              At the request of a party the court may
order witnesses excluded so that they cannot hear the testimony of
other witnesses, and it may make the order on its own motion. This
rule does not authorize exclusion of 

              (1) a party who is a natural person;

              (2) an officer or employee of a party
which is not a natural person designated as its representative by
its attorney; 

              (3) a person whose presence is shown by a
party to be important to the presentation of the party's cause; or

              (4) the victim of the alleged crime or
juvenile offense during criminal or juvenile proceedings when the
accused has the right to be present; in this paragraph, "victim"
has the meaning given in AS 12.55.185.

    7.   The following note is added at the end of Evidence Rule
615:

         Note to SCO 1293:  Paragraph (4) of Evidence
Rule 615 was added by sec. 23 ch. 63 SLA 1997.  Section 6 of this
order is adopted for the sole reason that the legislature has
mandated the amendment.  













DATED:         October 29, 1997     

EFFECTIVE DATE:    January 15, 1998 



                                  _______________________________
                                  Chief Justice Matthews


                                  _______________________________
                                  Justice Compton


                                  _______________________________
                                  Justice Eastaugh


                                  _______________________________
                                  Justice Fabe
    

                                  _______________________________
                                  Justice Bryner