IN THE SUPREME COURT OF THE STATE OF ALASKA

                      ORDER NO.    1339    

                                   Amending Criminal Rule 5(b) and
                                   Evidence Rule 404(b) to include
                                   changes made by chapter 86 SLA
                                   1998. 

IT IS ORDERED:

     1.   Paragraph (b) of Criminal Rule 5 is amended to read:


               (b)  Rights of Prisoner to Communicate
          with Attorney or Other Person. Immediately
          after arrest, the prisoner shall have the
          right forthwith to telephone or otherwise to
          communicate with both an attorney and any
          relative or friend. Any attorney at law
          entitled to practice in the courts of Alaska,
          at the request of either the prisoner or any
          relative or friend of the prisoner, shall have
          the right forthwith to visit the prisoner in
          private.  This paragraph does not provide a
          prisoner with the right to initiate
          communication or attempt to initiate
          communication under circumstances proscribed
          under AS 11.56.755.
          
     2.   The following note is added at the end of Criminal Rule
5:


          Note to SCO 1339:  Criminal Rule 5(b) was
          amended by  17 ch. 86 SLA 1998 to make it
          clear that the rule does not give a prisoner
          the right to contact a victim or witness in
          violation of AS 11.56.755.  Section 1 of this
          order is adopted for the sole reason that the
          legislature has mandated the amendment.


     3.   Paragraph (b) of Evidence Rule 404 is amended to read:


               (b)  Other Crimes, Wrongs, or Acts.
          
               (1)  Evidence of other crimes, wrongs, or
          acts is not admissible if the sole purpose for
          offering the evidence is to prove the
          character of a person in order to show that
          the person acted in conformity therewith. It
          is, however, admissible for other purposes,
          including, but not limited to, proof of
          motive, opportunity, intent, preparation,
          plan, knowledge, identity, or absence of
          mistake or accident.
          
               (2)  In a prosecution for a crime
          involving a physical or sexual assault or
          abuse of a minor, evidence of other acts by
          the defendant toward the same or another child
          is admissible if admission of the evidence is
          not precluded by another rule of evidence and
          if the prior offenses
          
               (i)  occurred within the 10 years
          preceding the date of the offense charged;
          
               (ii) are similar to the offense charged;
          and
          
               (iii)     were committed upon persons
          similar to the prosecuting witness.
          
               (3) In a prosecution for a crime of
          sexual assault in any degree, evidence of
          other sexual assaults or attempted sexual
          assaults by the defendant against the same or
          another person is admissible if the defendant
          relies on a defense of consent.  In a
          prosecution for a crime of attempt to commit
          sexual assault in any degree, evidence of
          other sexual assaults or attempted sexual
          assaults by the defendant against the same or
          another person is admissible.
          
               (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.

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


          Note to SCO 1339: Evidence Rule 404(b)(3) was
          amended by  18 ch. 86 SLA 1998 to expand the
          circumstances when evidence of other sexual
          assaults or attempted sexual assaults by the
          defendant will be admitted.  Section 3 of this
          order is adopted for the sole reason that the
          legislature has mandated the amendment.







DATED:          August 13, 1998    

EFFECTIVE DATE:   June 13, 1998    



                                   ___________________________
                                   Chief Justice Matthews


                                   ___________________________
                                   Justice Compton


                                   ___________________________
                                   Justice Eastaugh


                                   ___________________________
                                   Justice Fabe
     

                                   ___________________________
                                   Justice Bryner