00 SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) 01 "An Act relating to domestic violence and to crime victims and witnesses; 02 amending Rules 3, 4, 65, and 100, Alaska Rules of Civil Procedure, Rules 505 03 and 613, Alaska Rules of Evidence, and Rule 9, Alaska Rules of Administration; 04 and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. SHORT TITLE. This Act shall be known as the Domestic Violence 07 Prevention and Victim Protection Act of 1996. 08 * Sec. 2. AS 09.60.070(c) is amended to read: 09  (c) In this section, "serious criminal offense" means the following offenses: 10  (1) murder in any degree; 11  (2) manslaughter; 12  (3) criminally negligent homicide; 13  (4) assault in any degree; 14  (5) kidnapping; 01  (6) sexual assault in any degree; 02  (7) sexual abuse of a minor in any degree; 03  (8) robbery in any degree; 04  (9) coercion; 05  (10) extortion; 06  (11) arson in any degree; 07  (12) burglary in any degree; 08  (13) criminal mischief in the first, second, or third degree; 09  (14) driving while intoxicated or another crime resulting from the 10 operation of a motor vehicle, boat, or airplane when the offender is intoxicated; 11  (15) a crime involving domestic violence, as defined in 12 AS 18.66.990. 13 * Sec. 3. AS 11.41.260(a) is amended to read: 14  (a) A person commits the crime of stalking in the first degree if the person 15 violates AS 11.41.270 and 16  (1) the actions constituting the offense are in violation of an order 17 issued or filed under AS 18.66.100 - 18.66.180 or issued under former 18 AS 25.35.010(b) or 25.35.020; 19  (2) the actions constituting the offense are in violation of a condition 20 of probation, release before trial, release after conviction, or parole; 21  (3) the victim is under 16 years of age; 22  (4) at any time during the course of conduct constituting the offense 23 the defendant possessed a deadly weapon; 24  (5) the defendant has been previously convicted of a crime under this 25 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 26 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 27 AS 11.56.740; or 28  (6) the defendant has been previously convicted of a crime, or an 29 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 30 11.41.300 - 11.41.460, AS 11.56.810, AS 11.61.120, or (B) a law or an ordinance of 31 this or another jurisdiction with elements similar to a crime, or an attempt or 01 solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, 02 AS 11.56.810, or AS 11.61.120, involving the same victim as the present offense. 03 * Sec. 4. AS 11.46.350(a) is amended to read: 04  (a) As used in AS 11.46.300 - 11.46.350, unless the context requires otherwise, 05 "enter or remain unlawfully" means to 06  (1) enter or remain in or upon premises or in a propelled vehicle when 07 the premises or propelled vehicle, at the time of the entry or remaining, is not open 08 to the public and when the defendant is not otherwise privileged to do so; 09  (2) fail to leave premises or a propelled vehicle that is open to the 10 public after being lawfully directed to do so personally by the person in charge; or 11  (3) enter or remain upon premises or in a propelled vehicle in violation 12 of a provision in an order issued or filed under AS 18.66.100 - 18.66.180 or issued 13 under former AS 25.35.010(b) or 25.35.020. 14 * Sec. 5. AS 11.56.740(a) is amended to read: 15  (a) A person commits the crime of violating a 16   (1) protective order if the person is subject to a protective order 17 containing a provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits 18 or attempts to commit an act in violation of that provision; 19  (2) domestic violence restraining order if [(1)] the person knowingly 20 violates a provision of an order issued before July 1, 1996, under AS 25.35.010(b) or 21 25.35.020 22   (A) restraining the person from communicating directly or 23 indirectly with another; and 24   (B) [(2)] at the time the restraining order was issued, the court 25 made a finding that the person had subjected another to domestic violence. 26 * Sec. 6. AS 11.56.740 is amended by adding a new subsection to read: 27  (c) In this section, "protective order" means an order issued or filed under 28 AS 18.66.100 - 18.66.180. 29 * Sec. 7. AS 11.61.200(a)(8) is amended to read: 30  (8) violates AS 11.46.320 or 11.46.330 by entering or remaining 31 unlawfully on premises or in a propelled vehicle in violation of a provision of an order 01 issued or filed under AS 18.66.100 - 18.66.180 or issued under former 02 AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the person a 03 defensive weapon or a deadly weapon, other than an ordinary pocketknife; 04 * Sec. 8. AS 12.25.030(b) is repealed and reenacted to read: 05  (b) In addition to the authority granted by (a) of this section, a peace officer 06  (1) shall make an arrest under the circumstances described in 07 AS 18.65.530; 08  (2) without a warrant may arrest a person if the officer has probable 09 cause to believe the person has, either in or outside the presence of the officer 10  (A) committed a crime involving domestic violence, whether the 11 crime is a felony or a misdemeanor; in this subparagraph, "crime involving 12 domestic violence" has the meaning given in AS 18.66.990; 13  (B) committed the crime of violating a protective order in 14 violation of AS 11.56.740; or 15  (C) violated a condition of release imposed under AS 12.30.025 16 or 12.30.027; 17  (3) without a warrant may arrest a person when the peace officer has 18 reasonable cause for believing that the person has 19  (A) committed a crime under or violated conditions imposed as 20 part of the person's release before trial on misdemeanor charges brought under 21  (i) AS 04.16.050 or an ordinance with similar elements; 22 or 23  (ii) AS 11.41.270; 24  (B) violated AS 04.16.050; however, unless there is a lawful 25 reason for further detention, a person who is under the age of 18 and who has 26 been arrested for violating AS 04.16.050 shall be cited for the offense and 27 released to the person's parent, guardian, or legal custodian; or 28  (C) violated conditions imposed as part of the person's release 29 before trial on felony charges brought under AS 11.41.410 - 11.41.455. 30 * Sec. 9. AS 12.25.180(a) is amended to read: 31  (a) When a person is stopped or contacted by a peace officer for the 01 commission of a misdemeanor or the violation of a municipal ordinance, the person 02 may, in the discretion of the contacting peace officer, be issued a citation instead of 03 being taken before a judge or magistrate under AS 12.25.150, unless 04  (1) the person does not furnish satisfactory evidence of identity; 05  (2) the contacting officer has reasonable and probable cause to believe 06 the person is a danger to self or others; 07  (3) the crime for which the person is contacted is one involving 08 violence or harm to another person or to property; [OR] 09  (4) the person asks to be taken before a judge or magistrate under 10 AS 12.25.150; or 11   (5) the peace officer has probable cause to believe the person 12 committed a crime involving domestic violence; in this paragraph, "crime 13 involving domestic violence" has the meaning given in AS 18.66.990. 14 * Sec. 10. AS 12.30.025 is repealed and reenacted to read: 15  Sec. 12.30.025. RELEASE BEFORE TRIAL IN CASES INVOLVING 16 STALKING. (a) In determining the conditions of release under AS 12.30.020 in 17 cases involving stalking but not domestic violence, the court shall consider the 18 following conditions and impose one or more conditions it considers reasonably 19 necessary to protect the alleged victim of the stalking, including ordering the defendant 20  (1) not to subject the victim to further stalking; 21  (2) not to contact the victim other than through counsel; 22  (3) to engage in counseling; if the court directs the defendant to engage 23 in personal counseling, the court shall provide in the order that the counseling must 24 propose alternatives to aggression if that type of counseling is available; 25  (4) to refrain from the consumption of alcohol or the use of drugs. 26  (b) As used in this section, 27  (1) "domestic violence" has the meaning given in AS 18.66.990; 28  (2) "stalking" means a violation of AS 11.41.260 or 11.41.270. 29 * Sec. 11. AS 12.30 is amended by adding a new section to read: 30  Sec. 12.30.027. RELEASE IN DOMESTIC VIOLENCE CASES. (a) Before 31 ordering release before or after trial, or pending appeal, of a person charged with or 01 convicted of a crime involving domestic violence, the court shall consider the safety 02 of the alleged victim or other household member. To protect the alleged victim, 03 household member, and the public and to reasonably assure the person's appearance, 04 the court may impose bail and any of the conditions authorized under AS 12.30.020, 05 any of the provisions of AS 18.66.100(c)(1) - (7) and (11), and any other condition 06 necessary to protect the alleged victim, household member, and the public, and to 07 ensure the appearance of the person in court, including ordering the person to refrain 08 from the consumption of alcohol. 09  (b) A court may not order or permit a person released under (a) of this section 10 to return to the residence of the alleged victim or the residence of a petitioner who has 11 a protective order directed to the person and issued or filed under AS 18.66.100 - 12 18.66.180. 13  (c) If the court imposes conditions of release under (a) of this section, it shall 14  (1) issue a written order specifying the conditions of release; 15  (2) provide a copy of the order to the person arrested or charged; and 16  (3) immediately distribute a copy of the order to the law enforcement 17 agency that arrested the person. 18  (d) When a person is released from custody under (a) of this section, 19  (1) from a correctional facility, the correctional facility shall notify the 20 prosecuting authority and the prosecuting authority shall make reasonable efforts to 21 immediately notify the alleged victim of the release, and to furnish the alleged victim 22 with a copy of the order setting any conditions of release; 23  (2) from other than a correctional facility, the arresting authority shall 24 make reasonable efforts to immediately notify the alleged victim of the release, and 25 to furnish the alleged victim with a copy of the order setting any conditions of release. 26  (e) A person arrested for a crime involving domestic violence may not be 27 released from custody until the person has appeared in person before a judicial officer 28 or telephonically for arraignment. 29  (f) A person may not bring a civil action for damages for a failure to comply 30 with the provisions of this section. 31  (g) In this section, "crime involving domestic violence" has the meaning given 01 in AS 18.66.990. 02 * Sec. 12. AS 12.55.015 is amended by adding a new subsection to read: 03  (g) Notwithstanding (a) of this section, the court shall order the forfeiture to 04 the commissioner of public safety or a municipal law enforcement agency of a deadly 05 weapon that was in the actual possession of or used by the defendant during the 06 commission of a crime involving domestic violence. 07 * Sec. 13. AS 12.55 is amended by adding a new section to read: 08  Sec. 12.55.101. ADDITIONAL CONDITIONS OF PROBATION FOR 09 DOMESTIC VIOLENCE CRIMES. (a) Before granting probation to a person 10 convicted of a crime involving domestic violence, the court shall consider the safety 11 and protection of the victim and any member of the victim's family. If a person 12 convicted of a crime involving domestic violence is placed on probation, the court may 13 order the conditions authorized in AS 12.55.100 and AS 18.66.100(c)(1) - (7) and (11), 14 and may 15  (1) require the defendant to participate in and complete to the 16 satisfaction of the court one or more programs for the rehabilitation of perpetrators 17 of domestic violence that meet the standards set by the Department of Corrections 18 under AS 44.28.020(b), if the program is available in the community where the 19 defendant resides; 20  (2) require the defendant to refrain from the consumption of alcohol; 21 and 22  (3) impose any other condition necessary to protect the victim and any 23 members of the victim's family, or to rehabilitate the defendant. 24  (b) If the defendant is not in custody, the defendant shall pay the costs of an 25 evaluation or a program of rehabilitation ordered under (a)(1) - (3) of this section. If 26 the defendant is in custody, the responsibility for costs shall be as provided in 27 AS 33.30.028. 28 * Sec. 14. AS 12.55.135(c) is amended to read: 29  (c) A defendant convicted of assault in the fourth degree committed in 30 violation of the provisions of an order issued or filed under AS 18.66.100 - 18.66.180 31 or issued under former AS 25.35.010 or 25.35.020 shall be sentenced to a minimum 01 term of imprisonment of 20 days. 02 * Sec. 15. AS 12.55.185(3) is repealed and reenacted to read: 03  (3) "domestic violence" has the meaning given in AS 18.66.990; 04 * Sec. 16. AS 12.61.015(a) is amended to read: 05  (a) If a victim of a felony or a crime involving domestic violence 06 [ASSAULT] requests, the prosecuting attorney shall make a reasonable effort to 07  (1) confer with the person against whom the offense has been 08 perpetrated about that person's testimony before the defendant's trial; 09  (2) in a manner reasonably calculated to give prompt actual notice, 10 notify the victim 11  (A) of the defendant's conviction and the crimes of which the 12 defendant was convicted; 13  (B) of the victim's right in a case that is a felony to make a 14 written or oral statement for use in preparation of the defendant's presentence 15 report, and of the victim's right to appear personally at the defendant's 16 sentencing hearing to present a written statement and to give sworn testimony 17 or an unsworn oral presentation; 18  (C) of the address and telephone number of the office that will 19 prepare the presentence report; and 20  (D) of the time and place of the sentencing proceeding; 21  (3) notify the victim in writing of the final disposition of the case 22 within 30 days after final disposition of the case; 23  (4) confer with the victim of a crime involving domestic violence 24 concerning a proposed plea agreement before entering into an agreement. 25 * Sec. 17. AS 12.61.120(b) is amended to read: 26  (b) If the defendant is proceeding without counsel in a case involving a 27 charged violation of AS 11.41, AS 11.46.300 - 11.46.330, AS 11.56.740, 11.56.810, 28 AS 11.61.190 - 11.61.210, or a crime involving domestic violence, [AS 11.56.810, 29 OR 11.61.190 - 11.61.210] and the court finds that the defendant may pose a 30 continuing threat to the victim of or witness to the offense charged, the court shall 31 protect the address and telephone number of the victim or witness by providing the 01 information only to a person specified by the court or by imposing other restrictions 02 that the court considers necessary. When an address or telephone number is released 03 to a person specified by the court under this subsection, that person, who shall be 04 ordered not to disclose the information to the defendant, shall contact the victim or 05 witness on behalf of the defendant, and the defendant shall meet or speak with the 06 victim or witness only in the presence of that person. 07 * Sec. 18. AS 12.61.120(c) is amended to read: 08  (c) If a defendant or a person acting on behalf of a defendant 09 [REPRESENTING THE DEFENDANT, INCLUDING THE DEFENDANT'S 10 ATTORNEY OR A PERSON SPECIFIED BY THE COURT UNDER (b) OF THIS 11 SECTION,] contacts the victim of an offense with which the defendant is or could be 12 charged, the person shall clearly inform the victim 13  (1) of the person's identity and specific association with the defendant; 14  (2) that the victim does not have to talk to the person unless the victim 15 wishes; and 16  (3) that the victim may have a prosecuting attorney or other person 17 present during an interview. 18 * Sec. 19. AS 12.61.120 is amended by adding new subsections to read: 19  (d) If a defendant or a person acting on behalf of a defendant wishes to make 20 a recording of statements of the victim of an offense with which the defendant is or 21 could be charged in this or another jurisdiction, or of a witness, the person shall, before 22 recording begins, obtain the consent of the victim or witness to record the statement by 23 clearly informing the victim or witness (1) of the information set out in (c) of this 24 section, (2) that the statement will be recorded if the victim or witness consents, and (3) 25 that the victim or witness may obtain a transcript or other copy of the recorded statement 26 upon request. When recording begins, the person making the recording shall indicate in 27 the recording that the victim or witness has been informed as required by this subsection, 28 and the victim or witness shall state in the recording that consent of the victim or witness 29 to the recording has been given. 30  (e) If a victim or witness requests a transcript or other copy of a recorded 31 statement taken under (d) of this section, the defense shall prepare the transcript or other 01 copy and provide it to the person whose statement was recorded. 02  (f) In this section, "recording" means capturing a statement of a person, whether 03 by magnetic tape or other electronic or electromagnetic means. 04 * Sec. 20. AS 12.61 is amended by adding new sections to read: 05  Sec. 12.61.125. VICTIMS AND WITNESSES OF SEXUAL OFFENSES. (a) 06 The defendant accused of a sexual offense, the defendant's counsel, or an investigator 07 or other person acting on behalf of the defendant, may not 08  (1) notwithstanding AS 12.61.120, contact the victim of the offense or 09 a witness to the offense if the victim or witness, or the parent or guardian of the victim 10 or witness if the victim or witness is a minor, has informed the defendant or the 11 defendant's counsel in writing or in person that the victim or witness does not wish to 12 be contacted by the defense; a victim or witness who has not informed the defendant or 13 the defendant's counsel in writing or in person that the victim does not wish to be 14 contacted by the defense is entitled to rights as provided in AS 12.61.120; 15  (2) obtain a statement from the victim of the offense or a witness to the 16 offense, unless, 17  (A) if the statement is taken as a recording, the recording is taken 18 in compliance with AS 12.61.120; or 19  (B) if the statement is not taken as a recording, written 20 authorization is first obtained from the victim or witness, or from the parent or 21 guardian of the victim or witness if the victim or witness is a minor; the written 22 authorization must state that the victim or witness is aware that there is no legal 23 requirement that the victim or witness talk to the defense; a victim or witness 24 making a statement under this subparagraph remains entitled to rights as provided 25 in AS 12.61.120. 26  (b) A defendant who is the parent or guardian of a minor victim or witness may 27 not provide the authorization required under (a) of the section. 28  (c) If an attorney, or a person acting on behalf of the defendant for an attorney, 29 violates this section, the court shall refer the violation to the Disciplinary Board of the 30 Alaska Bar Association as a grievance. 31  (d) In this section, 01  (1) "recording" has the meaning given in AS 12.61.120; 02  (2) "sexual offense" means a violation of AS 11.41.410 - 11.41.470. 03  Sec. 12.61.127. INADMISSIBILITY OF STATEMENTS TAKEN IN 04 VIOLATION OF AS 12.61.120 or 12.61.125. A statement obtained from a victim or 05 witness in violation of AS 12.61.120 or 12.61.125 is presumed inadmissible in a 06 prosecution of the defendant. To overcome the presumption of inadmissibility, the 07 defendant must prove by clear and convincing evidence that 08  (1) the statement is reliable; 09  (2) similar evidence is unavailable from any other source; and 10  (3) failure to introduce the statement would substantially undermine the 11 reliability of the fact-finding process and result in manifest injustice. 12 * Sec. 21. AS 12.61.900 is amended by adding new paragraphs to read: 13  (3) "crime involving domestic violence" has the meaning given in 14 AS 18.66.990; 15  (4) "person acting on behalf of a defendant" includes the defendant's 16 attorney, an agent of the defendant or the defendant's attorney, or a person specified by 17 the court under AS 12.61.120(b) or an agent of that person, but does not include the 18 defendant; 19  (5) "witness" means a person contacted in connection with a criminal 20 case because the person may have knowledge or information about the criminal case. 21 * Sec. 22. AS 12.62.900(22) is amended to read: 22  (22) "serious offense" means a conviction for a felony offense, a crime 23 involving domestic violence, or a violation or attempted violation of any of the 24 following laws, or of the laws of another jurisdiction with substantially similar 25 elements: 26  (A) AS 11.41.410 - 11.41.470; 27  (B) AS 11.51.130(a)(1), (3), or (5); 28  (C) AS 11.61.110(a)(7); 29  (D) AS 11.66.100 - 11.66.130; or 30  (E) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 31 11.40.420, if committed before January 1, 1980; 01 * Sec. 23. AS 12.62.900 is amended by adding a new paragraph to read: 02  (24) "crime involving domestic violence" has the meaning given in 03 AS 18.66.990. 04 * Sec. 24. AS 18.65.240(a) is amended to read: 05  (a) A person may not be appointed as a police officer, except on a 06 probationary basis, unless the person (1) has satisfactorily completed a basic program 07 of police training approved by the council, which includes at least 12 hours of 08 instruction regarding domestic violence as defined in AS 18.66.990, and (2) 09 possesses other qualifications the council has established for the employment of police 10 officers, including [BUT NOT LIMITED TO] minimum age, education, physical and 11 mental standards, citizenship, moral character, and experience. The council shall 12 prescribe the means of presenting evidence of fulfillment of these requirements. 13 * Sec. 25. AS 18.65.242(b) is amended to read: 14  (b) The council shall 15  (1) prescribe the means of presenting evidence of fulfillment of the 16 requirements set out in (a) of this section; and 17  (2) issue a certificate evidencing satisfaction of the requirements of (a) 18 of this section to an applicant who 19  (A) satisfies the requirements of (a)(1) of this section; and 20  (B) meets the minimum education standards of (a)(2) of this 21 section by satisfactorily completing a training program for correctional, 22 probation, or parole officers established under AS 18.65.230, including 23 training regarding domestic violence that contains the subjects set out in 24 AS 18.66.310(d), or a course of instruction in another jurisdiction equivalent 25 in content and quality to that required by the council for approved correctional, 26 probation, or parole officer education and training programs in this state. 27 * Sec. 26. AS 18.65.510 is amended to read: 28  Sec. 18.65.510. DOMESTIC VIOLENCE TRAINING. (a) Each established 29 police training program in the state shall provide training that acquaints police officers 30 with 31  (1) laws relating to substantive crimes and rules of criminal procedure 01 applicable in cases involving domestic violence; 02  (2) techniques for handling incidents of domestic violence that promote 03 the safety of the victim and the officer and that reduce the likelihood of recurrence; 04  (3)  the investigation and management of cases involving domestic 05 violence and report writing for those cases; 06  (4) organizations in the state that offer aid or shelter to victims of 07 domestic violence; 08   (5) [(4)] procedures applicable in the prosecution of cases involving 09 domestic violence; 10   (6) [(5)] orders that may be issued by or filed with a court under 11 AS 18.66.100 - 18.66.180 [AS 25.35.010 AND 25.35.020]; [AND] 12   (7) [(6)] the notification to be given to victims of domestic violence 13 under AS 18.65.520; and 14  (8) the subjects set out in AS 18.66.310(d). 15  (b) In providing a training program under this section, each agency or 16 institution offering an established police training program shall consult with the 17 Council on Domestic Violence and Sexual Assault and interested individuals and 18 organizations providing assistance to victims of domestic violence. 19 * Sec. 27. AS 18.65 is amended by adding a new section to read: 20  Sec. 18.65.515. DUTIES OF PEACE OFFICER IN A CRIME INVOLVING 21 DOMESTIC VIOLENCE. (a) A peace officer investigating a crime involving 22 domestic violence shall protect the victim and any member of the victim's family and 23 prevent further violence by 24  (1) transporting an adult victim and any member of the victim's family 25 from the place of the offense or the place of contact, to a location within the 26 community where the offense occurred that is a shelter, a safe home, or another 27 location in the community requested by the victim; 28  (2) assisting the victim in removing from the residence essential items 29 belonging to the victim, such as clothing, vehicles, medication, personal records, and 30 legal documents; 31  (3) assisting the victim and any member of the victim's family in 01 obtaining medical treatment necessitated by the offense, by contacting emergency 02 medical services or by transporting the victim to a local medical facility, if available 03 in the community where the offense occurred; and 04  (4) providing notice of the rights of victims and services available to 05 victims of domestic violence as provided in AS 18.65.520. 06  (b) If a peace officer investigating a crime involving domestic violence 07 determines that it is necessary to protect the victim or the victim's family from 08 domestic violence or to protect the officer or the public during the investigation, the 09 officer may (1) seize a deadly weapon in plain view of the officer, and (2) if a deadly 10 weapon was actually possessed during or used in the domestic violence, seize all 11 deadly weapons owned, used, possessed, or within the control of the alleged 12 perpetrator. If the weapon is not needed as evidence in a criminal case, the law 13 enforcement agency having custody of the weapon, within 24 hours of making the 14 determination that the weapon is not needed as evidence in a criminal case, shall make 15 the weapon available for pickup by the owner of the weapon during regular business 16 hours. 17 * Sec. 28. AS 18.65.520(a) is repealed and reenacted to read: 18  (a) A peace officer investigating a crime involving domestic violence shall 19 orally and in writing inform the victim of the rights of victims of domestic violence 20 and the services available to them. The notice must be in substantially the following 21 form: 22  If you are the victim of domestic violence and you believe that 23 law enforcement protection is needed for your physical safety, you have 24 the right to request that the officer assist in providing for your safety, 25 including asking for an emergency protective order. 26  You may also request the officer to assist you in obtaining your 27 essential personal belongings and locating and taking you to a safe 28 place, including a designated meeting place or shelter, the residence of 29 a household member or friend, or a similar place of safety. In some 30 places in Alaska there are organizations that provide aid and shelter to 31 victims of domestic violence. The nearest organization is located at 01 _____________________________________. 02  If you are in need of medical treatment, you may request that 03 the officer assist you in obtaining medical treatment. 04  You may obtain information about whether the prosecuting 05 attorney will file a criminal complaint about the domestic violence. 06 Additionally, the victim/witness assistance program of the Department 07 of Law may be able to help you. This information is available from the 08 district attorney's office, which is located at . 09  You also have the right to file a petition in court requesting a 10 protective order that may include any of the following provisions: 11  (1) prohibit your abuser from threatening to commit or 12 committing further acts of domestic violence; 13  (2) prohibit your abuser from stalking, harassing, 14 telephoning, contacting, or otherwise communicating with you, directly 15 or indirectly; 16  (3) remove your abuser from your residence; 17  (4) order your abuser to stay away from your residence, 18 school, place of employment, or any other specified place frequented by 19 you or another designated household member; 20  (5) prohibit your abuser from entering your vehicle or 21 a vehicle you occupy; 22  (6) prohibit your abuser from using or possessing a 23 deadly weapon if the court finds your abuser was in the actual 24 possession of or used a weapon during the commission of your abuse; 25  (7) direct your abuser to surrender any firearm owned or 26 possessed by that person if the court finds your abuser was in the actual 27 possession of or used a firearm during the commission of your abuse; 28  (8) request a peace officer to accompany you to your 29 residence to ensure your safe possession of the residence, vehicle, or 30 other items, or to ensure your safe removal of personal items from the 31 residence; 01  (9) award temporary custody of a minor child to the 02 petitioner and may arrange for visitation with a minor child if the safety 03 of the child and the petitioner can be protected; 04  (10) grant you possession and use of a vehicle and other 05 essential personal effects; 06  (11) prohibit your abuser from consuming controlled 07 substances; 08  (12) require your abuser to pay support for you or a 09 minor child in your care if there is an independent legal obligation of 10 your abuser to support you or the child; 11  (13) require your abuser to reimburse you for your 12 expenses caused by domestic violence, including medical bills, or for 13 your costs in getting a protective order; 14  (14) order your abuser to participate in an intervention 15 program for batterers; and 16  (15) other relief the court determines to be necessary for 17 your safety. 18  The forms you need to obtain a protective order are available 19 from the nearest court. It is not necessary to have an attorney to obtain 20 a protective order, but you may consult an attorney if you choose. If 21 you would like help obtaining a protective order, you may contact the 22 nearest domestic violence program located at . The 23 program can also tell you about other resources available in this 24 community for information about domestic violence, treatment of 25 injuries, and places of safety and shelter. 26  You may also qualify for compensation from the Violent Crimes 27 Compensation Board. The board may be contacted at 28 . 29 * Sec. 29. AS 18.65 is amended by adding new sections to article 6 to read: 30  Sec. 18.65.530. MANDATORY ARREST FOR CRIMES INVOLVING 31 DOMESTIC VIOLENCE, VIOLATION OF PROTECTIVE ORDERS, AND 01 VIOLATION OF CONDITIONS OF RELEASE. (a) Except as provided in (b) or (c) 02 of this section, a peace officer, with or without a warrant, shall arrest a person if the 03 officer has probable cause to believe the person has, either in or outside the presence 04 of the officer, within the previous 12 hours, 05  (1) committed domestic violence, except an offense under 06 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 07  (2) committed the crime of violating a protective order in violation of 08 AS 11.56.740; 09  (3) violated a condition of release imposed under AS 12.30.027. 10  (b) If a peace officer receives complaints of domestic violence from more than 11 one person arising from the same incident, the officer shall evaluate the conduct of 12 each person to determine who was the principal physical aggressor. If the officer 13 determines that one person was the principal physical aggressor, the other person or 14 persons need not be arrested. In determining whether a person is a principal physical 15 aggressor, the officer shall consider 16  (1) prior complaints of domestic violence; 17  (2) the relative severity of the injuries inflicted on each person; 18  (3) the likelihood of future injury from domestic violence to each 19 person; and 20  (4) whether one of the persons acted in defense of self or others. 21  (c) A peace officer is not required to make an arrest under (a) of this section 22 if the officer has received authorization not to arrest from a prosecuting attorney in the 23 jurisdiction in which the offense under investigation arose. 24  (d) When investigating a crime involving domestic violence, a peace officer 25 may not threaten or suggest the possible arrest of all persons involved in the same 26 incident in a manner that would have a tendency to discourage requests for 27 intervention by law enforcement in incidents involving domestic violence. 28  (e) In addition to the contents of any other report, a peace officer who does 29 not make an arrest after investigating a complaint of domestic violence, or who arrests 30 two or more persons based on the same incident, shall describe in writing the reasons 31 for not making an arrest or for arresting more than one person. 01  (f) A person may not bring a civil action for damages for a failure to comply 02 with the provisions of this section. 03  Sec. 18.65.540. CENTRAL REGISTRY OF PROTECTIVE ORDERS. (a) 04 The Department of Public Safety shall maintain a central registry of protective orders 05 issued by or filed with a court of this state under AS 18.66.100 - 18.66.180. The 06 registry must include for each protective order the names of the petitioner and 07 respondent, their dates of birth, and the conditions and duration of the order. The 08 registry shall retain a record of the protective order after it has expired. 09  (b) A peace officer receiving a protective order from a court under 10 AS 18.66.100 - 18.66.180, a modified order issued under AS 18.66.120, or an order 11 dismissing a protective order, must take reasonable steps to ensure that the order, 12 modified order, or dismissal is entered into the central registry within 24 hours after 13 being received. 14  (c) A petitioner or respondent who is the subject of a protective order may 15 request the Department of Public Safety to correct information about the order in the 16 central registry. The person requesting the correction has the burden of proving that 17 the information is inaccurate or incomplete. The person may appeal an adverse 18 decision to the court under applicable court rules for appealing the decision of an 19 administrative agency. On appeal, the appellant has the burden of showing that the 20 department's action was an abuse of discretion. An appeal filed under this subsection 21 may not collaterally attack a protective order, challenge the grounds upon which the 22 order was based, or challenge the evidence submitted in support of the order. 23  (d) The Department of Public Safety may adopt regulations to implement this 24 section. 25  (e) A person may not bring a civil action for damages for a failure to comply 26 with the provisions of this section. 27  Sec. 18.65.590. DEFINITION. In AS 18.65.510 - 18.65.590, "domestic 28 violence" has the meaning given in AS 18.66.990. 29 * Sec. 30. AS 18.65.705 is amended to read: 30  Sec. 18.65.705. QUALIFICATIONS TO OBTAIN A PERMIT. A person is 31 qualified to receive and hold a permit to carry a concealed handgun if the person 01  (1) is 21 years of age or older; 02  (2) is eligible to own or possess a firearm under the laws of this state 03 and under federal law; 04  (3) has not been convicted of and is not currently charged under a 05 complaint, information, indictment, or presentment with a felony under the laws of this 06 state or a similar law of another jurisdiction; 07  (4) has not been convicted, within the five years immediately preceding 08 the application, of, and is not currently charged under a complaint, information, 09 indictment, or presentment with any of the following misdemeanor offenses or similar 10 laws of another jurisdiction: 11  (A) AS 11.41.230, 11.41.250, 11.41.270; 12  (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484; 13  (C) AS 11.51.130; 14  (D) AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380, 15 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 16 11.56.805; 17  (E) AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240; 18 [OR] 19  (F) AS 11.71.050, 11.71.060; or 20  (G) a crime involving domestic violence as defined in 21 AS 18.66.990; 22  (5) has not been convicted of two or more class A misdemeanors of 23 this state or similar laws of another jurisdiction within the five years immediately 24 preceding the application; 25  (6) has not within the 10 years immediately preceding the application 26 been adjudicated a delinquent for a felony offense of this state or another jurisdiction; 27  (7) is not now suffering, and has not within the five years immediately 28 preceding the application suffered, from a mental illness as defined in AS 47.30.915; 29  (8) has not been adjudicated as mentally incapacitated by a court of this 30 state, another state, territory, or jurisdiction, or of the United States, unless the 31 guardianship or similar arrangement has been closed or terminated and five years have 01 elapsed since the closure or other termination; 02  (9) is a resident of the state and has been for the one year immediately 03 preceding the application for a permit; 04  (10) has not been discharged from the armed forces of the United 05 States under dishonorable conditions; 06  (11) is not an alien who is residing in the United States illegally or a 07 former citizen of the United States who has renounced the person's citizenship; 08  (12) is not an unlawful user of, or addicted to, a controlled substance; 09  (13) is not now the respondent in a protective order under 10 AS 18.66.100 - 18.66.180 or the subject of an injunction under former AS 25.35.010 11 - 25.35.020 unless the protective order or injunction has been dissolved or has 12 expired; 13  (14) is not now in and has not in the three years immediately preceding 14 the application been ordered by a court to complete an alcohol treatment program; 15  (15) is not now in and has not in the three years immediately preceding 16 the application entered a substance abuse treatment program; and 17  (16) has demonstrated competence with handguns as provided in 18 AS 18.65.715. 19 * Sec. 31. AS 18.65.735(a) is amended to read: 20  (a) The department shall immediately suspend a permit to carry a concealed 21 handgun if a permittee is arrested for or formally charged with a crime that would 22 disqualify the permittee under AS 18.65.705(3) - (4) from being eligible for a permit 23 to carry a concealed handgun, [OR] is the respondent in a protective order under 24 AS 18.66.100 - 18.66.180, or is the subject of an injunction under former 25 AS 25.35.010 - 25.35.020. A suspension of a permit remains in effect until the permit 26 is revoked under AS 18.65.740, the department has been notified of a disposition 27 favorable to the defendant or the defendant has been released from custody without 28 being charged, or the protective order under AS 18.66.100 - 18.66.180 or the 29 injunction under former AS 25.35.010 - 25.35.020 is dissolved or expires without 30 being renewed. In this subsection, "disposition favorable to the defendant" means a 31 dismissal by the prosecutor or an adjudication by a court other than a conviction or a 01 suspended imposition of sentence. 02 * Sec. 32. AS 18.66.050 is amended by adding new paragraphs to read: 03  (12) consult with the Department of Health and Social Services in the 04 formulation of standards and procedures for the delivery of services to victims of 05 domestic violence by health care facilities and practitioners of healing arts and 06 personnel in those facilities as required in AS 18.66.300; 07  (13) consult with the Alaska Police Standards Council and other police 08 training programs in the state to develop training programs regarding domestic violence 09 for police officers and for correction, probation, and parole officers; 10  (14) consult with public employers, the Alaska Supreme Court, school 11 districts, and prosecuting authorities who are required by AS 18.66.300 - 18.66.310 to 12 provide continuing education courses in domestic violence to employees. 13 * Sec. 33. AS 18.66 is amended by adding new sections to read: 14 ARTICLE 2. PROTECTIVE ORDERS. 15  Sec. 18.66.100. PROTECTIVE ORDERS: ELIGIBLE PETITIONERS; 16 RELIEF. (a) A person who is or has been a victim of a crime involving domestic 17 violence may file a petition in the district or superior court for a protective order 18 against a household member. A parent, guardian, or other representative appointed by 19 the court under this section, may file a petition for a protective order on behalf of a 20 minor. The court may appoint a guardian ad litem or attorney to represent the minor. 21 Notwithstanding AS 25.24.310 or this section, the office of public advocacy may not 22 be appointed as a guardian ad litem or attorney for a minor in a petition filed under 23 this section unless the petition has been filed on behalf of the minor. 24  (b) When a petition for a protective order is filed, the court shall schedule a 25 hearing, and provide at least 10 days' notice to the respondent of the hearing and of 26 the respondent's right to appear and be heard, either in person or by an attorney. If 27 the court finds by a preponderance of evidence that the respondent has committed a 28 crime involving domestic violence against the petitioner, regardless of whether the 29 respondent appears at the hearing, the court may order any relief available under (c) 30 of this section. The provisions of a protective order issued under 31  (1) (c)(1) of this section is effective until further order of the court; 01  (2) (c)(2) - (16) of this section are effective for six months unless 02 earlier dissolved by court order. 03  (c) A protective order under this section may 04  (1) prohibit the respondent from threatening to commit or committing 05 domestic violence, stalking, or harassment; 06  (2) prohibit the respondent from telephoning, contacting, or otherwise 07 communicating directly or indirectly with the petitioner; 08  (3) remove and exclude the respondent from the residence of the 09 petitioner, regardless of ownership of the residence; 10  (4) direct the respondent to stay away from the residence, school, or 11 place of employment of the petitioner or any specified place frequented by the 12 petitioner or any designated household member; 13  (5) prohibit the respondent from entering a propelled vehicle in the 14 possession of or occupied by the petitioner; 15  (6) prohibit the respondent from using or possessing a deadly weapon 16 if the court finds the respondent was in the actual possession of or used a weapon 17 during the commission of domestic violence; 18  (7) direct the respondent to surrender any firearm owned or possessed 19 by the respondent if the court finds that the respondent was in the actual possession 20 of or used a firearm during the commission of the domestic violence; 21  (8) request a peace officer to accompany the petitioner to the 22 petitioner's residence to ensure that the petitioner 23  (A) safely obtains possession of the petitioner's residence, 24 vehicle, or personal items; and 25  (B) is able to safely remove a vehicle or personal items from 26 the petitioner's residence; 27  (9) award temporary custody of a minor child to the petitioner and may 28 arrange for visitation with a minor child if the safety of the child and the petitioner can 29 be protected; if visitation is allowed, the court may order visitation under the 30 conditions provided in AS 25.20.061; 31  (10) give the petitioner possession and use of a vehicle and other 01 essential personal items, regardless of ownership of the items; 02  (11) prohibit the respondent from consuming controlled substances; 03  (12) require the respondent to pay support for the petitioner or a minor 04 child in the care of the petitioner if there is an independent legal obligation of the 05 respondent to support the petitioner or child; 06  (13) require the respondent to reimburse the petitioner or other person 07 for expenses associated with the domestic violence, including medical expenses, 08 counseling, shelter, and repair or replacement of damaged property; 09  (14) require the respondent to pay costs and fees incurred by the 10 petitioner in bringing the action under this chapter; 11  (15) order the respondent, at the respondent's expense, to participate in 12 (A) a program for the rehabilitation of perpetrators of domestic violence that meets the 13 standards set by the Department of Corrections under AS 44.28.020(b) or (B) treatment 14 for the abuse of alcohol or controlled substances, or both; 15  (16) order other relief the court determines necessary to protect the 16 petitioner or any household member. 17  (d) If the court issues a protective order under this section, it shall 18  (1) make reasonable efforts to ensure that the order is understood by 19 the petitioner and by the respondent, if present; and 20  (2) have the order delivered to the appropriate local law enforcement 21 agency for expedited service and for entry into the central registry of protective orders 22 under AS 18.65.540. 23  (e) A court may not deny a petition for a protective order under this section 24 solely because of a lapse of time between an act of domestic violence and the filing 25 of the petition. 26  Sec. 18.66.110. EX PARTE AND EMERGENCY PROTECTIVE ORDERS. 27 (a) A person who is a victim of a crime involving domestic violence may file a 28 petition under AS 18.66.100(a) and request an ex parte protective order. If the court 29 finds that the petition establishes probable cause that a crime involving domestic 30 violence has occurred, it is necessary to protect the petitioner from domestic violence, 31 and if the petitioner has certified to the court in writing the efforts, if any, that have 01 been made to provide notice to the respondent, the court shall ex parte and without 02 notice to the respondent issue a protective order. An ex parte protective order may 03 grant the protection provided by AS 18.66.100(c)(1) - (5), (8) - (12), and (16). An ex 04 parte protective order expires 20 days after it is issued unless dissolved earlier by the 05 court at the request of either the petitioner or the respondent and after notice and, if 06 requested, a hearing. If a court issues an ex parte protective order, the court shall have 07 the order delivered to the appropriate local law enforcement agency for expedited 08 service and for entry into the central registry of protective orders under AS 18.65.540. 09  (b) A peace officer, on behalf of and with the consent of a victim of a crime 10 involving domestic violence, may request an emergency protective order from a 11 judicial officer. The request may be made orally or in writing based upon the sworn 12 statement of a peace officer, and in person or by telephone. If the court finds probable 13 cause to believe that the victim is in immediate danger of domestic violence based on 14 an allegation of the recent commission of a crime involving domestic violence, the 15 court ex parte shall issue an emergency protective order. In an emergency protective 16 order, the court may grant the protection provided by AS 18.66.100(c)(1) - (5), (8), 17 (10), (11), and (16). An emergency protective order expires 72 hours after it is issued 18 unless dissolved earlier by the court at the request of the petitioner. 19  (c) A peace officer who obtains an emergency protective order under (b) of 20 this section shall 21  (1) place the provisions of an oral order in writing on a form provided 22 by the court and file the written order with the issuing court by the end of the judicial 23 day after it was issued; 24  (2) provide a copy of the order to the petitioner; 25  (3) serve a copy of the order on the respondent; and 26  (4) comply with the requirements of AS 18.65.540 for ensuring that the 27 order is entered into the central registry of protective orders under AS 18.65.540. 28  (d) A court may not deny a petition for an ex parte protective order filed under 29 (a) of this section solely because of a lapse of time between an act of domestic 30 violence and the filing of the petition. 31  Sec. 18.66.120. MODIFICATION OF PROTECTIVE ORDERS. (a) Either 01 the petitioner or the respondent may request modification of a protective order. If a 02 request is made for modification of 03  (1) an ex parte protective order under AS 18.66.110(a), the court shall 04 schedule a hearing on three days' notice or on shorter notice as the court may 05 prescribe; the court shall hear and rule on the request in an expeditious manner; or 06  (2) a protective order after notice and hearing under AS 18.66.100(b), 07 the court shall schedule a hearing within 20 days after the date the request is made, 08 except that if the court finds that the request is meritless on its face, the court may 09 deny the request without further hearing. 10  (b) If a request for a modification is made under this section and the 11 respondent raises an issue not raised by the petitioner, the court may allow the 12 petitioner additional time to respond. 13  (c) If the court modifies a protective order under this section, it shall issue a 14 modified order and shall 15  (1) make reasonable efforts to ensure that the order is understood by 16 the petitioner and by the respondent, if present at the hearing; and 17  (2) have the order delivered to the appropriate local law enforcement 18 agency for expedited service and for entry into the central registry of protective orders 19 under AS 18.65.540. 20  Sec. 18.66.130. SPECIFIC PROTECTIVE ORDERS. (a) If a respondent in 21 a protective order issued under AS 18.66.100 - 18.66.180 is prohibited from 22 communicating with the petitioner, excluded from the residence of the petitioner, or 23 ordered to stay away from the petitioner as provided in AS 18.66.100(c)(2) - (5), an 24 invitation by the petitioner to communicate, enter the residence or vehicle, or have 25 other prohibited contact with the petitioner does not waive or nullify any provision in 26 a protective order. 27  (b) A court may not grant protective orders against the petitioner and the 28 respondent in the same action under this chapter. 29  (c) A court may not order parties into mediation or refer them to mediation 30 for resolution of the issues arising from a petition for a protective order under 31 AS 18.66.100 - 18.66.180. 01  (d) In addition to other required information contained in a protective order, 02 the order must include in bold face type the following statements: 03  (1) "Violation of this order may be a misdemeanor, punishable by up 04 to one year of incarceration and up to a $5,000 fine"; 05  (2) "If you are ordered to have no contact with the petitioner or to stay 06 away from the petitioner's residence, vehicle, or other place designated by the court, 07 an invitation by the petitioner to have the prohibited contact or to be present at or enter 08 the residence, vehicle, or other place does not in any way invalidate or nullify the 09 order." 10  (e) A protective order issued under this chapter is in addition to and not in 11 place of any other civil or criminal remedy. A petitioner is not barred from seeking 12 an order under AS 18.66.100 - 18.66.180 because of the existence of another civil 13 action between the petitioner and respondent. 14  Sec. 18.66.140. FILING AND ENFORCEMENT OF PROTECTIVE ORDERS 15 ISSUED IN OTHER STATES. (a) A certified copy of an unexpired protective order 16 issued in another jurisdiction may be filed with the clerk of court in any judicial 17 district in this state. 18  (b) A protective order filed in accordance with (a) of this section has the same 19 effect and must be enforced in the same manner as a protective order issued by a court 20 of this state. 21  (c) When a protective order is filed with the court under this section, the court 22 shall have the order delivered to the appropriate local law enforcement agency for 23 entry into the central registry of protective orders under AS 18.65.540. 24  Sec. 18.66.150. FORMS FOR PETITIONS AND ORDERS; FEES. (a) The 25 Alaska Court System, after consulting with the Council on Domestic Violence and 26 Sexual Assault and other interested persons and organizations, shall prepare forms for 27 petitions, protective orders, and instructions for their use by a person seeking a 28 protective order under this chapter. The forms must conform to the Alaska Rules of 29 Civil Procedure, except that information on the forms may be filled in by legible 30 handwriting. 31  (b) In addition to other information required, a petition for a protective order 01 must include a statement of pending civil actions or domestic violence criminal actions 02 involving either the petitioner or the respondent. While a protective order is in effect 03 or a petition for protective order is pending, both the petitioner and respondent have 04 a continuing duty to inform the court of pending civil actions or domestic violence 05 criminal actions involving either the petitioner or the respondent. 06  (c) The office of the clerk of each superior and district court shall make 07 available to the public under AS 18.66.100 - 18.66.180 the forms a person seeking a 08 protective order under AS 18.66.100 - 18.66.180 may need and instructions for the use 09 of the forms. The clerk shall provide assistance in completing the forms and filing the 10 forms. 11  (d) Filing fees may not be charged in any action seeking only the relief 12 provided in this chapter. 13  Sec. 18.66.160. SERVICE OF PROCESS. (a) Process issued under this 14 chapter shall be promptly served and executed. If process is to be served upon a 15 person believed to be present or residing in a municipality, as defined in AS 29.71.800, 16 or in an unincorporated community, process shall be served by a peace officer of that 17 municipality or unincorporated community who has jurisdiction within the area of 18 service. If a peace officer of the municipality or unincorporated community who has 19 jurisdiction is not available, a superior court, district court, or magistrate may designate 20 any other peace officer to serve and execute process. A state peace officer shall serve 21 process in any area that is not within the jurisdiction of a peace officer of a 22 municipality or unincorporated community. A peace officer shall use every reasonable 23 means to serve process issued under this chapter. 24  (b) Service of process under (a) of this section does not preclude a petitioner 25 from using any other available means to serve process issued under this chapter. 26  (c) Fees for service of process may not be charged in a proceeding seeking 27 only the relief provided in this chapter. 28  Sec. 18.66.170. NOTIFICATION OF LAW ENFORCEMENT AGENCIES. 29 When a court issues or accepts for filing a protective order under this chapter, it shall 30 send a copy of the order to the appropriate local law enforcement agency. Each law 31 enforcement agency shall establish procedures to inform peace officers of protective 01 orders. Peace officers shall use every reasonable means to enforce a protective order 02 issued or filed under this chapter. 03  Sec. 18.66.180. CIVIL LIABILITY. A person may not bring a civil action for 04 damages against the state, its officers, agents, or employees, or a law enforcement 05 agency, its officers, agents, or employees for any failure to comply with the provisions 06 of this chapter. 07 ARTICLE 3. EDUCATION AND PREVENTION. 08  Sec. 18.66.300. STANDARDS AND PROCEDURES FOR HEALTH CARE 09 IN DOMESTIC VIOLENCE CASES. (a) The Department of Health and Social 10 Services shall adopt standards and procedures for the delivery of services to victims 11 of domestic violence by health care facilities and practitioners of the healing arts and 12 personnel in those facilities. The standards and procedures shall be formulated in 13 consultation with the Council on Domestic Violence and Sexual Assault, the 14 Department of Commerce and Economic Development, private agencies that provide 15 services for victims of domestic violence, and persons with expertise in providing 16 health care and other services to victims of domestic violence. 17  (b) The Department of Health and Social Services shall make available to 18 health care facilities and practitioners of the healing arts and personnel in those 19 facilities a written notice of the rights of victims of domestic violence and the services 20 available to them. The notice shall be substantially similar to the notice provided in 21 AS 18.65.520(a). 22  (c) The Department of Health and Social Services may adopt regulations to 23 implement and interpret this section. 24  Sec. 18.66.310. CONTINUING EDUCATION FOR PUBLIC EMPLOYEES, 25 COURT SYSTEM EMPLOYEES, AND FOR PROSECUTING AUTHORITIES. (a) 26 Employers of state or local public employees, including employees of public schools, 27 shall, in consultation with the Council on Domestic Violence and Sexual Assault, 28 provide continuing education in domestic violence for the public employees who are 29 required by law to report abuse or neglect of children under AS 47.17.020. 30  (b) The administrative director of the Alaska Court System shall, in 31 consultation with the Council on Domestic Violence and Sexual Assault, provide 01 continuing education in domestic violence for judicial officers and court clerks who 02 have contact with parties involved in domestic violence. 03  (c) The Department of Law and other prosecuting authorities in the state shall, 04 in consultation with the Council on Domestic Violence and Sexual Assault, provide 05 continuing education in domestic violence for prosecuting attorneys and other 06 employees who have contact with persons involved in domestic violence. 07  (d) The continuing education required under (a) - (c) of this section must 08 include information on the following subjects: 09  (1) the nature, extent, and causes of domestic violence; 10  (2) procedures designed to promote the safety of the victim and other 11 household members; 12  (3) resources available to victims and perpetrators of domestic violence; 13 and 14  (4) the lethality of domestic violence. 15 ARTICLE 4. GENERAL PROVISIONS. 16  Sec. 18.66.990. DEFINITIONS. In this chapter, 17  (1) "council" means the Council on Domestic Violence and Sexual 18 Assault; 19  (2) "crisis intervention and prevention program" means a community 20 program that provides information, education, counseling, and referral services to 21 individuals experiencing personal crisis related to domestic violence or sexual assault 22 and to individuals in personal or professional transition, excluding correctional half- 23 way houses, outpatient mental health programs, and drug or alcohol rehabilitation programs; 24  (3) "domestic violence" and "crime involving domestic violence" mean 25 one or more of the following offenses or a law or ordinance of another jurisdiction 26 having elements similar to these offenses, or an attempt to commit the offense, by a 27 household member against another household member: 28  (A) a crime against the person under AS 11.41; 29  (B) burglary under AS 11.46.300 - 11.46.310; 30  (C) criminal trespass under AS 11.46.320 - 11.46.330; 31  (D) arson or criminally negligent burning under AS 11.46.400 - 01 11.46.430; 02  (E) criminal mischief under AS 11.46.480 - 11.46.486; 03  (F) terroristic threatening under AS 11.56.810; 04  (G) violating a domestic violence order under AS 11.56.740; or 05  (H) harassment under AS 11.61.120(a)(2) - (4); 06  (4) "domestic violence program" means a program that provides 07 services to the victims of domestic violence, their families, or perpetrators of domestic 08 violence; 09  (5) "household member" includes 10  (A) adults or minors who are current or former spouses; 11  (B) adults or minors who live together or who have lived 12 together; 13  (C) adults or minors who are dating or who have dated; 14  (D) adults or minors who are engaged in or who have engaged 15 in a sexual relationship; 16  (E) adults or minors who are related to each other up to the 17 fourth degree of consanguinity, whether of the whole or half blood or by 18 adoption, computed under the rules of civil law; 19  (F) adults or minors who are related or formerly related by 20 marriage; 21  (G) persons who have a child of the relationship; and 22  (H) minor children of a person in a relationship that is described 23 in (A) - (G) of this paragraph; 24  (6) "local community entity" means a city or borough or other political 25 subdivision of the state, a nonprofit organization, or a combination of these; 26  (7) "judicial day" means any Monday through Friday that is not a state 27 holiday and on which the court clerk's offices are officially opened to receive legal 28 documents for filing; 29  (8) "petitioner" includes a person on whose behalf an emergency 30 protective order has been requested under AS 18.66.110(b); 31  (9) "sexual assault" means a crime specified in AS 11.41.410 - 01 11.41.450; 02  (10) "sexual assault program" means a program that provides services 03 to the victims of sexual assault, their families, or perpetrators of sexual assault. 04 * Sec. 34. AS 22.10.020(a) is amended to read: 05  (a) The superior court is the trial court of general jurisdiction, with original 06 jurisdiction in all civil and criminal matters, including probate and guardianship of 07 minors and incompetents. Except for a petition for a protective order [INJUNCTIVE 08 RELIEF] under AS 18.66.100 - 18.66.180 [AS 25.35.010 OR 25.35.020], an action that 09 falls within the concurrent jurisdiction of the superior court and the district court may 10 not be filed in the superior court, except as provided by rules of the supreme court. 11 * Sec. 35. AS 22.15.030 is amended to read: 12  Sec. 22.15.030. CIVIL JURISDICTION. (a) The district court has jurisdiction 13 of civil cases, including foreign judgments filed under AS 09.30.200 and arbitration 14 proceedings under AS 09.43.170, as follows: 15  (1) for the recovery of money or damages when the amount claimed 16 exclusive of costs, interest, and attorney fees does not exceed $50,000; 17  (2) for the recovery of specific personal property, when the value of 18 the property claimed and the damages for the detention do not exceed $50,000; 19  (3) for the recovery of a penalty or forfeiture, whether given by statute 20 or arising out of contract, not exceeding $50,000; 21  (4) to give judgment without action upon the confession of the 22 defendant for any of the cases specified in this section, except for a penalty or 23 forfeiture imposed by statute; 24  (5) for establishing the fact of death of any person in the manner 25 prescribed in AS 09.55.020 - 09.55.060; 26  (6) for the recovery of the possession of premises in the manner 27 provided under AS 09.45.070 - 09.45.160 when the value of the arrears and damage 28 to the property does not exceed $50,000; 29  (7) for the foreclosure of a lien when the amount in controversy does 30 not exceed $50,000; 31  (8) for the recovery of money or damages in motor vehicle tort cases 01 when the amount claimed exclusive of costs, interest, and attorney fees does not 02 exceed $50,000; 03  (9) over civil actions for taking utility service and for damages to or 04 interference with a utility line filed under AS 42.20.030; 05  (10) over cases involving protective orders [INJUNCTIVE RELIEF] 06 for domestic violence under AS 18.66.100 - 18.66.180 [AS 25.35.010 AND 25.35.020]. 07  (b) Insofar as the civil jurisdiction of the district courts and the superior court 08 is the same, the jurisdiction is concurrent. Except for a petition for a protective order 09 [INJUNCTIVE RELIEF] under AS 18.66.100 - 18.66.180 [AS 25.35.010 OR 10 25.35.020], an action that falls within the concurrent jurisdiction of the superior court 11 and the district court may not be filed in the superior court, except as provided by 12 rules of the supreme court. 13 * Sec. 36. AS 22.15.100 is amended to read: 14  Sec. 22.15.100. FUNCTIONS AND POWERS OF DISTRICT JUDGE AND 15 MAGISTRATE. Each district judge and magistrate has the power 16  (1) to issue writs of habeas corpus for the purpose of inquiring into the 17 cause of restraint of liberty, returnable before a judge of the superior court, and the 18 same proceedings shall be had on the writ as if it had been granted by the superior 19 court judge under the laws of the state in such cases; 20  (2) of a notary public; 21  (3) to issue marriage licenses and to solemnize marriages; 22  (4) to issue warrants of arrest, summons, and search warrants according 23 to manner and procedure prescribed by law and the supreme court; 24  (5) to act as an examining judge or magistrate in preliminary 25 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 26 release of defendants under bail; 27  (6) to act as a referee in matters and actions referred to the judge or 28 magistrate by the superior court, with all powers conferred upon referees by laws; 29  (7) of the superior court in all respects including but not limited to 30 contempts, attendance of witnesses, and bench warrants; 31  (8) to order the temporary detention of a minor, or take other action 01 authorized by law or rules of procedure, in cases arising under AS 47.10, when the 02 minor is in a condition or surrounding dangerous or injurious to the welfare of the 03 minor or others that requires immediate action; the action may be continued in effect 04 until reviewed by the superior court in accordance with rules of procedure governing 05 these cases; 06  (9) to issue a protective order [TEMPORARY ORDER FOR 07 INJUNCTIVE RELIEF] in cases involving domestic violence as provided in 08 AS 18.66.100 - 18.66.180 [AS 25.35.010 AND 25.35.020]; 09  (10) to review an administrative revocation of a person's driver's 10 license or nonresident privilege to drive, and an administrative refusal to issue an 11 original license, when designated as a hearing officer by the commissioner of public 12 safety and with the consent of the administrative director of the state court system. 13 * Sec. 37. AS 22.20.110 is amended to read: 14  Sec. 22.20.110. DUTY OF THE COMMISSIONER IN THE COURT OF 15 APPEALS, THE SUPERIOR COURT, AND DISTRICT COURTS. When required 16 by the supreme court, and except as otherwise provided in AS 18.66.160 17 [AS 25.35.040], the commissioner shall serve and execute all process issued by the 18 court of appeals, the superior court, and the district courts; attend to and wait upon 19 grand and petit juries; maintain order; attend the sessions of the courts; and exercise 20 the power and perform the duties concerning all matters within the jurisdiction of the 21 courts as may be assigned. The commissioner is the executive officer of the court of 22 appeals, the superior court, and district courts. 23 * Sec. 38. AS 25.20.060 is amended by adding a new subsection to read: 24  (d) If the court finds that a parent or child is a victim of domestic violence, 25 the court may order that the address and telephone number of the parent or child be 26 kept confidential in the proceedings. 27 * Sec. 39. AS 25.20 is amended by adding a new section to read: 28  Sec. 25.20.061. VISITATION IN PROCEEDINGS INVOLVING DOMESTIC 29 VIOLENCE. If visitation is awarded to a parent who has committed a crime involving 30 domestic violence, against the other parent or a child of the two parents, within the 31 five years preceding the award of visitation, the court may set conditions for the 01 visitation, including 02  (1) the transfer of the child for visitation must occur in a protected 03 setting; 04  (2) visitation shall be supervised by another person or agency and under 05 specified conditions as ordered by the court; 06  (3) the perpetrator shall attend and complete, to the satisfaction of the 07 court, a program for the rehabilitation of perpetrators of domestic violence that meets 08 the standards set by the Department of Corrections under AS 44.28.020(b), or other 09 counseling; the perpetrator shall be required to pay the costs of the program or other 10 counseling; 11  (4) the perpetrator shall abstain from possession or consumption of 12 alcohol or controlled substances during the visitation and for 24 hours before visitation; 13  (5) the perpetrator shall pay costs of supervised visitation as set by the 14 court; 15  (6) the prohibition of overnight visitation; 16  (7) the perpetrator shall post a bond to the court for the return and 17 safety of the child; and 18  (8) any other condition necessary for the safety of the child, the other 19 parent, or other household member. 20 * Sec. 40. AS 25.20.080(a) is amended to read: 21  (a)  Except as provided in (f) and (g) of this section, at [AT] any time within 22 30 days after a petition for child custody is filed under AS 25.20.060 the court may 23 order the parties to submit to mediation. Each party has [SHALL HAVE] the right to 24 challenge peremptorily one mediator appointed. 25 * Sec. 41. AS 25.20.080 is amended by adding new subsections to read: 26  (f) The court may not order or refer parties to mediation in a proceeding 27 concerning custody or visitation of a child if a protective order issued or filed under 28 AS 18.66.100 - 18.66.180 is in effect. The court may not order or refer parties to 29 mediation if a party objects on the grounds that domestic violence has occurred 30 between the parties unless the court finds that the conditions of (g)(1) - (3) of this 31 section are met. If the court proposes or suggests mediation under this subsection, 01  (1) mediation may not occur unless the victim of the alleged domestic 02 violence agrees to the mediation; and 03  (2) the court shall advise the parties that each party has the right to not 04 agree to mediation and that the decision of each party will not bias other decisions of 05 the court. 06  (g) A mediator who receives a referral or order from a court to conduct 07 mediation under (a) of this section shall evaluate whether domestic violence has 08 occurred between the parties. A mediator may not engage in mediation when either 09 party has committed a crime involving domestic violence unless 10  (1) mediation is requested by the victim of the alleged domestic 11 violence, or proposed by the court and agreed to by the victim; 12  (2) mediation is provided by a mediator who is trained in domestic 13 violence in a manner that protects the safety of the victim and any household member, 14 taking into account the results of an assessment of the potential danger posed by the 15 perpetrator and the risk of harm to the victim; and 16  (3) the victim is permitted to have in attendance a person of the 17 victim's choice, including an attorney. 18 * Sec. 42. AS 25.20.110 is amended by adding a new subsection to read: 19  (c) In a proceeding involving the modification of an award for custody of a 20 child or visitation with a child, a finding that a crime involving domestic violence has 21 occurred since the last custody or visitation determination is a finding of change of 22 circumstances under (a) of this section. 23 * Sec. 43. AS 25.24.060(a) is amended to read: 24  (a)  Except as provided in (f) and (g) of this section, at [AT] any time within 25 30 days after a complaint or cross-complaint in a divorce action is filed, a party to the 26 action may file a motion with the court requesting mediation, for the purpose of 27 achieving a mutually agreeable settlement in termination of the marriage. When a 28 party moves for settlement mediation, the other party shall answer the motion on the 29 record, and the judge may order mediation. When no request for mediation is made, 30 the court may at any time order the parties to submit to mediation if it determines that 31 mediation may result in a more satisfactory settlement between the parties. 01 * Sec. 44. AS 25.24.060 is amended by adding new subsections to read: 02  (f) The court may not order or refer parties to mediation in a divorce 03 proceeding if a protective order issued or filed under AS 18.66.100 - 18.66.180 is in 04 effect. The court may not order or refer parties to mediation if a party objects on the 05 grounds that domestic violence has occurred between the parties unless the court finds 06 that the conditions of (g)(1) - (3) of this section are met. If the court proposes or 07 suggests mediation under this subsection, 08  (1) mediation may not occur unless the victim of the alleged domestic 09 violence agrees to the mediation; and 10  (2) the court shall advise the parties that each party has the right to not 11 agree to mediation and that the decision of each party will not bias other decisions of 12 the court. 13  (g) A mediator who receives a referral or order from a court to conduct 14 mediation under (a) of this section shall evaluate whether domestic violence has 15 occurred between the parties. A mediator may not engage in mediation when either 16 party has committed a crime involving domestic violence unless 17  (1) mediation is requested by the victim of the alleged domestic 18 violence, or proposed by the court and agreed to by the victim; 19  (2) mediation is provided by a mediator who is trained in domestic 20 violence in a manner that protects the safety of the victim and any household member, 21 taking into account the results of an assessment of the potential danger posed by the 22 perpetrator and the risk of harm to the victim; and 23  (3) the victim is permitted to have in attendance a person of the 24 victim's choice, including an attorney. 25 * Sec. 45. AS 25.24.140(b) is amended to read: 26  (b) During the pendency of the action, upon application, a spouse is entitled 27 to necessary protective orders, including orders 28  (1) providing for the freedom of each spouse from the control of the 29 other spouse; 30  (2)  for protection under AS 18.66.100 - 18.66.180 [RESTRAINING 31 EACH SPOUSE FROM SUBJECTING THE OTHER SPOUSE OR ANOTHER 01 PERSON LIVING IN THE HOUSEHOLD TO DOMESTIC VIOLENCE, 02 AS DEFINED IN AS 25.35.200]; 03  (3) directing one spouse to vacate the marital residence or the home of 04 the other spouse; 05  (4) restraining a spouse from communicating directly or indirectly with 06 the other spouse; 07  (5) restraining a spouse from entering a propelled vehicle in the 08 possession of or occupied by the other spouse; and 09  (6) prohibiting a spouse from disposing of the property of either spouse 10 or marital property without the permission of the other spouse or a court order. 11 * Sec. 46. AS 25.24.140(c) is amended to read: 12  (c)  Except as provided in (d) and (e) of this section, after [AFTER] a 13 hearing, if both parties agree, the court may also order that the parties engage in 14 personal or family counseling or mediation. In the order, the court shall provide for 15 the payment of the costs of the counseling or mediation. 16 * Sec. 47. AS 25.24.140 is amended by adding new subsections to read: 17  (d) The court may not order or refer parties to mediation or family counseling 18 under (c) of this section if a protective order issued or filed under AS 18.66.100 - 19 18.66.180 is in effect. The court may not order or refer parties to mediation or family 20 counseling if a party objects on the grounds that domestic violence has occurred 21 between the parties unless the court finds that the conditions of (e)(1) - (3) of this 22 section are met. If the court proposes or suggests mediation under this subsection, 23  (1) mediation may not occur unless the victim of the alleged domestic 24 violence agrees to the mediation; and 25  (2) the court shall advise the parties that each party has the right to not 26 agree to mediation and that the decision of each party will not bias other decisions by 27 the court. 28  (e) A mediator or family counselor who receives a referral or order from a 29 court to conduct mediation under (c) of this section shall evaluate whether domestic 30 violence has occurred between the parties. A mediator or family counselor may not 31 engage in mediation when either party has committed a crime involving domestic 01 violence unless 02  (1) mediation or family counseling is requested by the victim of the 03 alleged domestic violence, or proposed by the court and agreed to by the victim; 04  (2) mediation or family counseling is provided by a mediator or family 05 counselor who is trained in domestic violence in a manner that protects the safety of 06 the victim and any household member, taking into account the results of an assessment 07 of the potential danger posed by the perpetrator and the risk of harm to the victim; and 08  (3) the victim is permitted to have in attendance a person of the 09 victim's choice, including an attorney. 10 * Sec. 48. AS 25.24.210(e) is amended to read: 11  (e) If the petition is filed by both spouses under AS 25.24.200(a), the petition 12 must state in detail the terms of the agreement between the spouses concerning the 13 custody of children, child support, visitation, spousal maintenance and tax 14 consequences, if any, and fair and just division of property, including retirement 15 benefits. Agreements on spousal maintenance and property division must fairly 16 allocate the economic effect of dissolution and take into consideration the factors listed 17 in AS 25.24.160(a)(2) and (4). In addition, the petition must state 18  (1) the respective occupations of the petitioners; 19  (2) the income, assets, and liabilities of the respective petitioners at the 20 time of filing the petition; 21  (3) the date and place of the marriage; 22  (4) the name, date of birth, and current marital, educational, and 23 custodial status of each child born of the marriage or adopted by the petitioners who 24 is under the age of 19; 25  (5) whether the wife is pregnant; 26  (6) whether either petitioner requires medical care or treatment; 27  (7) whether any of the following [A DOMESTIC VIOLENCE 28 COMPLAINT] has been issued or filed during the marriage by or regarding either 29 spouse as defendant, participant, or respondent: 30   (A) a criminal charge of a crime involving domestic 31 violence; 01  (B) a protective order under AS 18.66.100 - 18.66.180; 02  (C) injunctive relief under former AS 25.35.010 or 25.35.020; 03 or 04  (D) a protective order issued in another jurisdiction and 05 filed with the court in this state under AS 18.66.140 [A MEMBER OF THE 06 HOUSEHOLD]; 07  (8) whether either petitioner has received the advice of legal counsel 08 regarding a divorce or dissolution; 09  (9) other facts and circumstances that the petitioners believe should be 10 considered; 11  (10) that the petition constitutes the entire agreement between the 12 petitioners; and 13  (11) any other relief sought by the petitioners. 14 * Sec. 49. AS 25.24.220(h) is amended to read: 15  (h) In its examination of a petitioner under (d) of this section, the court shall 16 use a heightened level of scrutiny of agreements if 17  (1) one party is represented by counsel and the other is not; 18  (2)  there is evidence that a party committed a crime involving [A] 19 domestic violence during the marriage or if any of the following [COMPLAINT] 20 has been issued or filed during the marriage by or regarding either spouse as 21 defendant, participant, or respondent: 22  (A) a criminal charge of a crime involving domestic 23 violence; 24  (B) a protective order under AS 18.66.100 - 18.66.180; 25  (C) injunctive relief under former AS 25.35.010 or 25.35.020; 26 or 27  (D) a protective order issued in another jurisdiction and 28 filed with the court in this state under AS 18.66.140 [A MEMBER OF THE 29 FAMILY OR THERE IS EVIDENCE OF DOMESTIC VIOLENCE DURING 30 THE MARRIAGE]; 31  (3) there is a minor child of the marriage; or 01  (4) there is a patently inequitable division of the marital estate. 02 * Sec. 50. AS 25 is amended by adding a new chapter to read: 03 CHAPTER 90. GENERAL PROVISIONS. 04  Sec. 25.90.010. DEFINITIONS. In this title, "domestic violence" and "crime 05 involving domestic violence" have the meanings given in AS 18.66.990. 06 * Sec. 51. AS 33.16.120 is amended by adding a new subsection to read: 07  (g) A victim of a crime involving domestic violence shall be informed by the 08 board at least 30 days in advance of a scheduled hearing to review or consider 09 discretionary parole for a prisoner. The board shall inform the victim of any decision 10 to grant or deny discretionary parole or to release the prisoner under AS 33.16.010(c). 11 If the prisoner is to be released, the victim shall be notified of the expected date of the 12 release, the geographic area in which the prisoner will reside, and any other 13 information concerning conditions of parole that may affect the victim. The victim 14 shall also be informed of any changes in the conditions of parole that may affect the 15 victim. The board shall send the notice required to the last known address of the 16 victim. A person may not bring a civil action for damages for a failure to comply 17 with the provisions of this subsection. 18 * Sec. 52. AS 33.16.150 is amended by adding a new subsection to read: 19  (f) In addition to other conditions of parole imposed under this section, the 20 board may impose as a condition of special medical, discretionary, or mandatory parole 21 for a prisoner serving a term for a crime involving domestic violence (1) any of the 22 terms of protective orders under AS 18.66.100(c)(1) - (7); (2) a requirement that, at 23 the prisoner's expense, the prisoner participate in and complete, to the satisfaction of 24 the board, a program for the rehabilitation of perpetrators of domestic violence that 25 meets the standards set by the department under AS 44.28.020(b); and (3) any other 26 condition necessary to rehabilitate the prisoner. The board shall establish procedures 27 for the exchange of information concerning the parolee with the victim and for 28 responding to reports of nonattendance or noncompliance by the parolee with 29 conditions imposed under this subsection. 30 * Sec. 53. AS 33.16.220(a) is amended to read: 31  (a) The board may revoke parole if the parolee 01  (1) engages in conduct in violation of AS 33.16.150(a), [OR] (b), or 02 (f); or 03  (2) has violated an order of the court to participate in or comply with 04 the treatment plan of a rehabilitation program under AS 12.55.015(a)(10). 05 * Sec. 54. AS 33.16.220(c) is amended to read: 06  (c) In determining whether a parole violator should be released pending a final 07 revocation hearing, the board or its designee shall consider 08  (1) the likelihood of the parolee's appearance at a final revocation 09 hearing; 10  (2) the seriousness of the alleged violation; 11  (3) whether the parolee presents a danger to the community; [AND] 12  (4) whether the parolee is likely to further violate conditions of parole; 13 and 14  (5) whether the parolee is on parole for a crime involving domestic 15 violence; if the violation of the condition of parole involved an act of domestic 16 violence, the parolee may not be released pending the final revocation hearing. 17 * Sec. 55. AS 33.16.900 is amended by adding a new paragraph to read: 18  (13) "crime involving domestic violence" and "domestic violence" have 19 the meanings given in AS 18.66.990. 20 * Sec. 56. AS 33.20.080(b) is amended to read: 21  (b) If requested by the victim of a crime against a person, a crime involving 22 domestic violence, or arson in the first degree, the board shall send notice of an 23 application for executive clemency submitted by the state prisoner who was convicted 24 of that crime. The victim may comment in writing to the board on the application for 25 executive clemency. 26 * Sec. 57. AS 33.20.080(d) is amended by adding a new paragraph to read: 27  (3) "crime involving domestic violence" has the meaning given in 28 AS 18.66.990. 29 * Sec. 58. AS 33.30.013(b) is amended to read: 30  (b) The commissioner is required to give notice of a change in the status of an 31 offender under this section only if the victim has requested notice of the change, 01 except that the commissioner is required to give notice, mailed to the last known 02 address of the victim, in every case of a crime involving domestic violence. 03 * Sec. 59. AS 33.30.101 is amended by adding a new subsection to read: 04  (c) The commissioner may release on furlough a prisoner convicted of a crime 05 involving domestic violence only under conditions that would protect the victim of 06 domestic violence or other household member. 07 * Sec. 60. AS 33.30.111(f) is amended to read: 08  (f)  Except as provided in (g) of this section, if [IF] the commissioner 09 considers a prisoner convicted of a crime against a person or arson in the first degree 10 for a prerelease furlough and the victim has requested notice under AS 33.30.013, the 11 commissioner shall send notice of intent to consider the prisoner for a prerelease 12 furlough to the victim. The victim may comment in writing on the commissioner's 13 intent to release the prisoner on a prerelease furlough status. The commissioner shall 14 consider the victim's comments before making a final decision to release a prisoner 15 on a prerelease furlough status. The commissioner shall make a reasonable effort to 16 notify the victim of an intent to release the prisoner on a prerelease furlough. The 17 notice must contain the expected date of the prisoner's release, the geographic area in 18 which the prisoner will reside, and other pertinent information concerning the 19 prisoner's release that may affect the victim. 20 * Sec. 61. AS 33.30.111 is amended by adding a new subsection to read: 21  (g) If the commissioner considers a prisoner convicted of a crime involving 22 domestic violence for a prerelease furlough, the commissioner shall send notice of 23 intent to consider the prisoner for prerelease furlough to the last known address of the 24 victim. The victim may comment in writing on the commissioner's intention to release 25 the prisoner on a prerelease furlough. The commissioner shall consider the victim's 26 comments, if any, before making a final decision to release the prisoner on a prerelease 27 furlough. The commissioner shall make a reasonable effort to notify the victim of any 28 decision to release the prisoner on the prerelease furlough. The notice must include 29 the expected date of the furlough and any other information concerning the furlough 30 that may affect the victim. A person may not bring a civil action for damages for a 31 failure to comply with the provisions of this subsection. 01 * Sec. 62. AS 33.30.901 is amended by adding a new paragraph to read: 02  (15) "crime involving domestic violence" has the meaning given in 03 AS 18.66.990. 04 * Sec. 63. AS 43.23.065(b) is amended to read: 05  (b) An exemption is not available under this section for permanent fund 06 dividends taken to satisfy 07  (1) child support obligations required by court order or decision of the 08 child support enforcement agency under AS 25.27.140 - 25.27.220; 09  (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 10 or AS 47.10.080(b)(4); 11  (3) claims on defaulted scholarship loans under AS 43.23.067; 12  (4) court ordered fines; 13  (5) writs of execution under AS 09.35 of a judgment that is entered 14  (A) against a minor in a civil action to recover damages; 15  (B) under AS 34.50.020 against the parent, parents, or legal 16 guardian of an unemancipated minor; 17  (6) a debt owed by an eligible individual to an agency of the state, 18 unless the debt is contested and an appeal is pending, or the time limit for filing an 19 appeal has not expired; 20  (7) a debt owed to a person for a program for the rehabilitation of 21 perpetrators of domestic violence required under AS 12.55.101, 22 AS 18.66.100(c)(15), AS 25.20.061(3), or AS 33.16.150(f)(2). 23 * Sec. 64. AS 44.21.410(a)(5) is amended to read: 24  (5) provide legal representation and guardian ad litem services under 25 AS 25.24.310; in cases arising under AS 47.15 (Uniform Interstate Compact on 26 Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or 27 petitions for the termination of parental rights on grounds set out in 28 AS 25.23.180(c)(3); in cases involving petitions to remove the disabilities of a minor 29 under AS 09.55.590; in children's proceedings under AS 47.10.050(a); in cases 30 involving appointments under AS 18.66.100(a) in petitions for protective orders 31 on behalf of a minor; and in cases involving indigent persons who are entitled to 01 representation under AS 18.85.100 and who cannot be represented by the public 02 defender agency because of a conflict of interests; 03 * Sec. 65. AS 44.28.020 is amended by adding a new subsection to read: 04  (b) The department shall, with the approval of the Council on Domestic 05 Violence and Sexual Assault, adopt standards, by regulation, for rehabilitation 06 programs for perpetrators of domestic violence as defined in AS 18.66.990. For 07 purposes of AS 12.55.101, AS 18.66.100(c), and AS 33.16.150(f), the department shall 08 determine whether a program meets the standards. 09 * Sec. 66. AS 47.17.020(a) is amended to read: 10  (a) The following persons who, in the performance of their occupational duties, 11 have reasonable cause to suspect that a child has suffered harm as a result of child 12 abuse or neglect shall immediately report the harm to the nearest office of the 13 department: 14  (1) practitioners of the healing arts; 15  (2) school teachers and school administrative staff members of public 16 and private schools; 17  (3) social workers; 18  (4) peace officers, and officers of the Department of Corrections; 19  (5) administrative officers of institutions; 20  (6) child care providers; 21  (7) paid employees of domestic violence and sexual assault programs, 22 and crisis intervention and prevention programs as defined in AS 18.66.990 23 [AS 18.66.900]; 24  (8) paid employees of an organization that provides counseling or 25 treatment to individuals seeking to control their use of drugs or alcohol. 26 * Sec. 67. AS 47.17 is amended by adding a new section to read: 27  Sec. 47.17.035. DUTIES OF DEPARTMENT IN DOMESTIC VIOLENCE 28 CASES. (a) In consultation with the Council on Domestic Violence and Sexual 29 Assault, the department shall develop written procedures for screening reports of harm 30 for abuse and neglect of a child to assess whether there is domestic violence occurring 31 within the family. The procedures must include the following factors: 01  (1) inquiry concerning the criminal records of the parents or of the 02 alleged abusive or neglectful person or the alleged perpetrator if not the parent of the 03 child; and 04  (2) inquiry concerning the existence of protective orders issued or filed 05 under AS 18.66.100 - 18.66.180 involving either parent as a petitioner or respondent. 06  (b) If the department determines in an investigation of abuse or neglect of a 07 child that 08  (1) the child is in danger because of domestic violence or that the child 09 needs protection as a result of the presence of domestic violence in the family, the 10 department shall take appropriate steps for the protection of the child; 11  (2) a person is the victim of domestic violence, the department shall 12 provide the victim with a written notice of the rights of and services available to 13 victims of domestic violence that is substantially similar to the notice provided to 14 victims of domestic violence under AS 18.65.520. 15  (c) For purposes of obtaining access to information needed to conduct the 16 inquiries required by (a)(1) and (2) of this section, the department is a criminal justice 17 agency conducting a criminal justice activity. 18  (d) A person may not bring a civil action for damages for a failure to comply 19 with the provisions of this section. 20  (e) In this section, 21  (1) "criminal justice activity" has the meaning given in AS 12.62.900; 22  (2) "criminal justice agency" has the meaning given in AS 12.62.900; 23  (3) "domestic violence" has the meaning given in AS 18.66.990. 24 * Sec. 68. Rule 3, Alaska Rules of Civil Procedure, is amended by adding a new 25 subsection to read: 26  (h) A petition or request for a protective order on domestic violence under 27 AS 18.66 may be filed in the judicial district 28  (1) where the petitioner currently or temporarily resides; 29  (2) where the respondent resides; or 30  (3) where the domestic violence occurred. 31 * Sec. 69. Rule 100(a), Alaska Rules of Civil Procedure, is amended to read: 01  (a) Application. At any time after a complaint is filed, a party may file a 02 motion with the court requesting mediation for the purpose of achieving a mutually 03 agreeable settlement. The motion must address how the mediation should be 04 conducted as specified in paragraph (b), including the names of any acceptable 05 mediators.  If domestic violence has occurred between the parties and mediation 06 is requested in a matter covered by AS 25, mediation may only be ordered when 07 permitted under AS 25.20.080, AS 25.24.060, or 25.24.140. In matters not covered 08 by AS 25, the [THE] court may order mediation in response to such a motion, or on 09 its own motion, whenever it determines that mediation may result in an equitable 10 settlement. In making this determination, the court shall [MAY] consider whether 11 there is a history of domestic violence between the parties which could be expected 12 to affect the fairness of the mediation process or the physical safety of the domestic 13 violence victim. Mediation may not be ordered between the parties to, or in, a case 14 filed under AS 18.66.100 - 18.66.180 [AS 25.35.010 OR .020 AND CONDUCT 15 WHICH CONSTITUTES DOMESTIC VIOLENCE UNDER THESE STATUTES 16 MAY NOT BE THE SUBJECT OF MEDIATION UNDER THIS RULE]. 17 * Sec. 70. Rule 505(a)(2), Alaska Rules of Evidence, is amended to read: 18  (2) Exceptions. There is no privilege under this subdivision: 19  (A) In a civil proceeding brought by or on behalf of one spouse 20 against the other spouse; or 21  (B) In a proceeding to commit or otherwise place his spouse, 22 the property of his spouse, or both the spouse and the property of the spouse 23 under the control of another because of the alleged mental or physical condition 24 of the spouse; or 25  (C) In a proceeding brought by or on behalf of a spouse to 26 establish his competence; or 27  (D) In a proceeding in which one spouse is charged with: 28  (i) A crime against the person or the property of the 29 other spouse or of a child of either, whether such crime was committed 30 before or during marriage. 31  (ii) Bigamy, incest, adultery, pimping, or prostitution. 01  (iii) A crime related to abandonment of a child or 02 nonsupport of a spouse or child. 03  (iv) A crime prior to the marriage. 04   (v) A crime involving domestic violence as defined in 05 AS 18.66.990. 06  (E) In a proceeding involving custody of a child. 07  (F) Evidence derived from or related to a business relationship 08 involving the spouses. 09 * Sec. 71. AS 11.56.740(a)(2) is repealed. 10 * Sec. 72. AS 12.25.030(d); AS 12.61.900(1); AS 18.65.520(c); AS 18.66.900; 11 AS 25.35.010, 25.35.020, 25.35.030, 25.35.040, 25.35.050, and 25.35.200 are repealed. 12 * Sec. 73. REVISOR'S CHANGES. The revisor of statutes is requested to remove 13 AS 25.35.100 - 25.35.150 from AS 25 and place these provisions in AS 18, renumbered as 14 AS 18.66.200 - 18.66.250, and as a whole described as "Article 3. Confidential 15 Communications." The revisor is also requested to revise all statutory cross-references to 16 these statutes. 17 * Sec. 74. TRANSITION: EXISTING DOMESTIC VIOLENCE PROTECTIVE ORDERS. 18 A domestic violence order issued under former AS 25.35.010 or 25.35.020 and in effect on 19 the effective date of sec. 72 of this Act remains in effect until it expires under the terms of 20 the order and former AS 25.35.010 or 25.35.020 or is dissolved by the court, whichever occurs 21 earlier. 22 * Sec. 75. TRANSITION: REGULATIONS. Notwithstanding secs. 81, 83, and 84 of this 23 Act, the state agencies affected by this Act may proceed to adopt regulations necessary to 24 implement changes affecting the state agency that are enacted by this Act. The regulations 25 take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date 26 of the changes in law in this Act. 27 * Sec. 76. AS 18.66.150(d) and 18.66.160(c), added by sec. 33 of this Act, have the effect 28 of amending Rules 9(b)(11), 9(c)(3), and 9(e)(6), Alaska Rules of Administration, by 29 eliminating filing fees and service of process fees in domestic violence actions for protective 30 orders. 31 * Sec. 77. AS 18.66.160, added by sec. 33 of this Act, has the effect of amending Rule 4, 01 Alaska Rules of Civil Procedure, relating to service of process in domestic violence actions 02 for protective orders. 03 * Sec. 78. AS 18.66.110 - 18.66.130, added by sec. 33 of this Act, have the effect of 04 amending Rule 65(b) - (d), Alaska Rules of Civil Procedure, relating to temporary restraining 05 orders, the method of obtaining those orders, and the timing of those orders. 06 * Sec. 79. AS 12.61.127, added by sec. 29 of this Act, has the effect of amending Rule 07 613, Alaska Rules of Evidence, relating to impeachment of witnesses. 08 * Sec. 80. Sections 68 - 70 and 76 - 79 of this Act take effect only if secs. 68 - 70 and 76 09 - 79 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 10 Constitution of the State of Alaska. 11 * Sec. 81. If secs. 68 - 70 and 76 - 79 of this Act take effect under sec. 80 of this Act, 12 they take effect July 1, 1996. 13 * Sec. 82. Section 75 of this Act takes effect immediately under AS 01.10.070(c). 14 * Sec. 83. Except as provided in secs. 81, 82, and 84 of this Act, this Act takes effect 15 July 1, 1996. 16 * Sec. 84. Section 71 of this Act takes effect 90 days after the effective date of sec. 72 of 17 this Act.