IN THE SUPREME COURT OF THE STATE OF ALASKA

                      ORDER NO.    1338    

                                   Amending Criminal Rule 6(r) to
                                   include changes made by chapter
                                   81 SLA 1998. 

IT IS ORDERED:

     1.   Paragraph (r) of Criminal Rule 6 is amended to read:


               (r)  Admissibility of Evidence.
          
               (1)  Evidence which would be legally
          admissible at trial shall be admissible before
          the grand jury. In appropriate cases, however,
          witnesses may be presented to summarize
          admissible evidence if the admissible evidence
          will be available at trial. Except as stated
          in subparagraphs (2), (3), and (6), hearsay
          evidence shall not be presented to the grand
          jury absent compelling justification for its
          introduction. 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;
          
               (ii) the child is under 10 years of age
          when the hearsay evidence is sought to be
          admitted;
          
               (iii)     additional evidence is
          introduced to corroborate the statement; and
          
               (iv) the child testifies at the grand
          jury proceeding or the child will be available
          to testify at trial.
          
               * * * *

     2.   The following note is added at the end of Criminal Rule
6:


          Note to SCO 1338:  Criminal Rule 6(r)(2) was
          amended by  21 ch. 81 SLA 1998 to allow
          hearsay evidence of a statement made by a
          child to be admitted before the grand jury in
          a prosecution for first degree indecent
          exposure as well as the other sex offenses
          defined in AS 11.41.  Section 1 of this order
          is adopted for the sole reason that the
          legislature has mandated the amendment.

DATED:          August 13, 1998    

EFFECTIVE DATE:   June 11, 1998    



                                   ______________________________
                                   Chief Justice Matthews


                                   ______________________________
                                   Justice Compton


                                   ______________________________
                                   Justice Eastaugh


                                   ______________________________
                                   Justice Fabe
     

                                   ______________________________
                                   Justice Bryner