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HB 134: "An Act relating to the rights of crime victims, the crime of violating a protective injunction, mitigating factors in sentencing for an offense, and the return of certain seized property to victims; clarifying that a violation of certain protective orders is contempt of the authority of the court; expanding the scope of the prohibition of compromise based on civil remedy of misdemeanor crimes involving domestic violence; providing for protective relief for victims of stalking that is not domestic violence and for the crime of violating an order for that relief; providing for continuing education regarding domestic violence for certain persons appointed by the court; making certain conforming amendments; amending Rules 65.1 and 100(a), Alaska Rules of Civil Procedure; amending Rules 10, 11, 13, 16, and 17, Alaska District Court Rules of Civil Procedure; and amending Rule 9, Alaska Rules of Administration."

00 HOUSE BILL NO. 134 01 "An Act relating to the rights of crime victims, the crime of violating a protective 02 injunction, mitigating factors in sentencing for an offense, and the return of certain 03 seized property to victims; clarifying that a violation of certain protective orders is 04 contempt of the authority of the court; expanding the scope of the prohibition of 05 compromise based on civil remedy of misdemeanor crimes involving domestic violence; 06 providing for protective relief for victims of stalking that is not domestic violence and 07 for the crime of violating an order for that relief; providing for continuing education 08 regarding domestic violence for certain persons appointed by the court; making certain 09 conforming amendments; amending Rules 65.1 and 100(a), Alaska Rules of Civil 10 Procedure; amending Rules 10, 11, 13, 16, and 17, Alaska District Court Rules of Civil 11 Procedure; and amending Rule 9, Alaska Rules of Administration." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

01 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 02 to read: 03 INTENT AND PURPOSE. The intent and purpose of this Act are to 04 (1) advance public safety by facilitating the prosecution of criminals; 05 (2) further implement art. I, sec. 24, of the Alaska Constitution, to protect the 06 rights of crime victims; 07 (3) protect the public by expanding the scope of the prohibition of 08 compromise of certain crimes by certain domestic violence victims because of a civil remedy; 09 (4) protect the public and victims of stalking by a person who is not a member 10 of the victim's household by establishing a streamlined process to obtain protective relief; and 11 (5) protect the public by clarifying that violation of certain protective orders is 12 contempt of court. 13 * Sec. 2. AS 09.50.010 is amended to read: 14 Sec. 09.50.010. Acts or omissions constituting contempt. The following 15 acts or omissions with respect to a court of justice or court proceedings are contempts 16 of the authority of the court: 17 (1) disorderly, contemptuous, or insolent behavior toward the judge 18 while holding the court, tending to impair its authority or to interrupt the course of a 19 trial or other judicial proceeding; 20 (2) a breach of the peace, boisterous conduct, or violent disturbance, 21 tending to interrupt the course of a trial or other judicial proceeding; 22 (3) misbehavior in office, or other wilful neglect or violation of duty 23 by an attorney, clerk, peace officer, or other person appointed or elected to perform a 24 judicial or ministerial service; 25 (4) deceit or abuse of the process or proceedings of the court by a party 26 to an action or proceeding; 27 (5) disobedience of a lawful judgment, order, or process of the court, 28 including violating a protective order issued under AS 18.66.100 - 18.66.180 or 29 18.66.190 - 18.66.198; 30 (6) falsely pretending to act under authority to an order or process of 31 the court;

01 (7) rescuing a person or property in the custody of an officer by virtue 02 of an order or process of the court; 03 (8) unlawfully detaining a witness or party to an action or proceeding 04 while going to, remaining at, or returning from the court where the witness or party is 05 for trial; 06 (9) any other unlawful interference with the process or proceedings of 07 the court; 08 (10) disobedience of a subpoena duly served, or refusing to be sworn 09 or answer as a witness; 10 (11) when summoned as a juror in a court, neglecting to attend or 11 serve, or improperly conversing with a party to an action or proceeding to be tried at 12 the court or with another person in relation to the merits of the action, or receiving a 13 communication from a party or other person in respect to it without immediately 14 disclosing it to the court; 15 (12) disobedience by an inferior court, judge, magistrate, referee, 16 master, or officer of the lawful judgment, order, or process of a higher court, or 17 proceeding in an action or proceeding contrary to law after the action or proceeding is 18 removed from the jurisdiction of that inferior court, judge, magistrate, or officer; 19 (13) failure, when acting as a custodian appointed by the court for a 20 released person under AS 12.30, to report immediately that the person released has 21 violated a condition of release. 22 * Sec. 3. AS 11.41.260(a) is amended to read: 23 (a) A person commits the crime of stalking in the first degree if the person 24 violates AS 11.41.270 and 25 (1) the actions constituting the offense are in violation of an order 26 issued or filed under AS 18.66.100 - 18.66.180 or 18.66.190 - 18.66.198, or issued 27 under former AS 25.35.010(b) or 25.35.020; 28 (2) the actions constituting the offense are in violation of a condition of 29 probation, release before trial, release after conviction, or parole; 30 (3) the victim is under 16 years of age; 31 (4) at any time during the course of conduct constituting the offense

01 the defendant possessed a deadly weapon; 02 (5) the defendant has been previously convicted of a crime under this 03 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 04 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 05 AS 11.56.740; or 06 (6) the defendant has been previously convicted of a crime, or an 07 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 08 11.41.300 - 11.41.460, AS 11.56.810, AS 11.61.120, or (B) a law or an ordinance of 09 this or another jurisdiction with elements similar to a crime, or an attempt or 10 solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11 11.41.460, AS 11.56.810, or AS 11.61.120, involving the same victim as the present 12 offense. 13 * Sec. 4. AS 11.46.350(a) is amended to read: 14 (a) As used in AS 11.46.300 - 11.46.350, unless the context requires 15 otherwise, "enter or remain unlawfully" means to 16 (1) enter or remain in or upon premises or in a propelled vehicle when 17 the premises or propelled vehicle, at the time of the entry or remaining, is not open to 18 the public and when the defendant is not otherwise privileged to do so; 19 (2) fail to leave premises or a propelled vehicle that is open to the 20 public after being lawfully directed to do so personally by the person in charge; or 21 (3) enter or remain upon premises or in a propelled vehicle in violation 22 of a provision in an order issued or filed under AS 18.66.100 - 18.66.180 or 23 18.66.190 - 18.66.198 or issued under former AS 25.35.010(b) or 25.35.020. 24 * Sec. 5. AS 11.56.740(a) is amended to read: 25 (a) A person commits the crime of violating a protective order or a protective 26 injunction if the person is 27 (1) subject to a protective order containing a provision listed in 28 AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to commit an act in 29 violation of that provision; 30 (2) subject to a protective order containing a provision listed in 31 AS 18.66.190(c)(1) - (6) and knowingly commits or attempts to commit an act in

01 violation of that provision; or 02 (3) subject to a protective injunction issued under AS 47.17.069 03 and knowingly commits or attempts to commit an act in violation of the 04 injunction. 05 * Sec. 6. AS 11.56.740(c) is amended to read: 06 (c) In this section, "protective order" means an order issued or filed under 07 AS 18.66.100 - 18.66.180 or 18.66.190 - 18.66.198. 08 * Sec. 7. AS 11.61.200(a)(8) is amended to read: 09 (8) violates AS 11.46.320 or 11.46.330 by entering or remaining 10 unlawfully on premises or in a propelled vehicle in violation of a provision of an order 11 issued or filed under AS 18.66.100 - 18.66.180 or 18.66.190 - 18.66.198 or issued 12 under former AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the 13 person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; 14 * Sec. 8. AS 12.25.030(b) is amended to read: 15 (b) In addition to the authority granted by (a) of this section, a peace officer 16 (1) shall make an arrest under the circumstances described in 17 AS 18.65.530; 18 (2) without a warrant may arrest a person if the officer has probable 19 cause to believe the person has, either in or outside the presence of the officer, 20 (A) committed a crime involving domestic violence, whether 21 the crime is a felony or a misdemeanor; in this subparagraph, "crime involving 22 domestic violence" has the meaning given in AS 18.66.990; 23 (B) committed the crime of violating a protective order or a 24 protective injunction in violation of AS 11.56.740; or 25 (C) violated a condition of release imposed under 26 AS 12.30.025 or 12.30.027; 27 (3) without a warrant may arrest a person when the peace officer has 28 reasonable cause for believing that the person has 29 (A) committed a crime under or violated conditions imposed as 30 part of the person's release before trial on misdemeanor charges brought under 31 AS 11.41.270;

01 (B) violated AS 04.16.050 or an ordinance with similar 02 elements; however, unless there is a lawful reason for further detention, a 03 person who is under the age of 18 and who has been arrested for violating 04 AS 04.16.050 or an ordinance with similar elements shall be cited for the 05 offense and released to the person's parent, guardian, or legal custodian; or 06 (C) violated conditions imposed as part of the person's release 07 before trial on felony charges brought under AS 11.41.410 - 11.41.458. 08 * Sec. 9. AS 12.36 is amended by adding a new section to read: 09 Sec. 12.36.070. Property seized from pawnbroker or secondhand dealer. 10 (a) Property that a law enforcement agency has obtained from a pawnbroker or 11 secondhand dealer and that is possessed by a law enforcement agency in connection 12 with an investigation of the wrongful taking of the property shall be disposed of as 13 provided in this section. 14 (b) If the pawnbroker or secondhand dealer waives the right to notice of the 15 disposition of the property, the property may be returned to the victim of the offense 16 as provided in AS 12.36.010 - 12.36.060 and 12.36.090. 17 (c) If the pawnbroker or secondhand dealer requests notice of the disposition 18 of the property, the law enforcement agency shall provide to the pawnbroker or 19 secondhand dealer and to the victim of the offense notice of intent to dispose of the 20 property, and the names and addresses of the persons notified. 21 (d) A victim who receives notice under (c) of this section may file in the 22 district court a petition for return of the property on a form provided by the court. The 23 petition must be supported by an affidavit setting out the basis for the claim to 24 ownership of the property. The petition must be filed within 30 days after receipt of 25 the notice given under (c) of this section. The victim must submit proof that a copy of 26 the petition and affidavit has been served on the pawnbroker or secondhand dealer and 27 on the law enforcement agency that possesses the property. If a petition is not filed in 28 accordance with this subsection, the property may be returned to the pawnbroker or 29 secondhand dealer. 30 (e) Within 30 days after the filing of a petition under (d) of this section, the 31 pawnbroker or secondhand dealer may file a response to the petition and a supporting

01 affidavit rebutting the victim's claim of ownership, and must include with the response 02 a copy of the records of the transaction involving the property required under 03 AS 08.76. The pawnbroker or secondhand dealer must submit proof that a copy of the 04 response, affidavit, and records has been served on the victim and on the law 05 enforcement agency that possesses the property. If a response is not filed in 06 accordance with this subsection, the property may be returned to the victim. 07 (f) In a proceeding under this section or another proceeding concerning 08 ownership of the property, if the victim claims ownership in accordance with (d) of 09 this section, the pawnbroker or secondhand dealer has the burden of proving by a 10 preponderance of the evidence that the victim is not the owner of the property. Good 11 faith purchase of the property by the pawnbroker or secondhand dealer from another 12 person is not relevant to ownership of the property. For purposes of this section, 13 "good faith purchase" means the purchase for money or other consideration without 14 knowledge that the property was wrongfully taken or that the victim claims ownership 15 in the property. 16 (g) The district court may decide ownership based on the documents filed 17 under this section unless a party requests a hearing or the court on its own motion 18 finds that a hearing is necessary to resolve the matter. If a hearing is held, the district 19 court may treat the petition, response, and affidavits as documents in support of 20 pleadings and the matter may be heard as a small claim under AS 22.15.040. If either 21 party claims that the value of the property exceeds the jurisdictional amount for a 22 small claim, the parties may proceed in the appropriate court under the applicable 23 rules of court. 24 (h) Filing fees may not be charged for filing a petition or a response to a 25 petition under this section. 26 (i) A person may not bring a civil action against the court, a law enforcement 27 agency, the state, or a subdivision of the state, or their officers, agents, or employees 28 concerning property disposed of under this section if the court, law enforcement 29 agency, state, subdivision of the state, or their officers, agents, or employees have in 30 good faith substantially complied with the provisions of this section. 31 (j) In this section, "pawnbroker or secondhand dealer" means a person

01 engaged in the business of buying and selling secondhand articles, or lending money 02 on secondhand articles, except a bank or other financial institution. 03 * Sec. 10. AS 12.45.120 is amended to read: 04 Sec. 12.45.120. Authority to compromise misdemeanors for which victim 05 has civil action. If a defendant is held to answer on a charge of misdemeanor for 06 which the person injured by the act constituting the crime has a remedy by a civil 07 action, the crime may be compromised except when it [WAS COMMITTED] 08 (1) was committed by or upon a peace officer, judge, or magistrate 09 while in the execution of the duties of that office; 10 (2) was committed riotously; 11 (3) was committed with an intent to commit a felony; 12 (4) was committed larcenously; 13 (5) is a crime involving domestic violence [AGAINST 14 (A) A SPOUSE OR A FORMER SPOUSE OF THE 15 DEFENDANT; 16 (B) A PARENT, GRANDPARENT, CHILD, OR 17 GRANDCHILD OF THE DEFENDANT; 18 (C) A MEMBER OF THE SOCIAL UNIT COMPRISED OF 19 THOSE LIVING TOGETHER IN THE SAME DWELLING AS THE 20 DEFENDANT; OR 21 (D) A PERSON WHO IS NOT A SPOUSE OR FORMER 22 SPOUSE OF THE DEFENDANT BUT WHO PREVIOUSLY LIVED IN A 23 SPOUSAL RELATIONSHIP WITH THE DEFENDANT]. 24 * Sec. 11. AS 12.45.120 is amended by adding a new subsection to read: 25 (b) In this section, "crime involving domestic violence" has the meaning given 26 in AS 18.66.990. 27 * Sec. 12. AS 12.55.155(d) is amended by adding a new paragraph to read: 28 (18) in a conviction for an offense, the defendant reduced the impact of 29 the offense on the victim by entering a plea of guilty or no contest within the 30 days 30 after being arraigned on the charge. 31 * Sec. 13. AS 18.65.530(a) is amended to read:

01 (a) Except as provided in (b) or (c) of this section, a peace officer, with or 02 without a warrant, shall arrest a person if the officer has probable cause to believe the 03 person has, either in or outside the presence of the officer, within the previous 12 04 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 or a protective 08 injunction in violation of AS 11.56.740; 09 (3) violated a condition of release imposed under AS 12.30.027. 10 * Sec. 14. AS 18.65.540(a) is amended to read: 11 (a) The Department of Public Safety shall maintain a central registry of 12 protective orders issued by or filed with a court of this state under AS 18.66.100 - 13 18.66.180 or 18.66.190 - 18.66.198. The registry must include for each protective 14 order the names of the petitioner and respondent, their dates of birth, if known, and 15 the conditions and duration of the order. The registry shall retain a record of the 16 protective order after it has expired. 17 * Sec. 15. AS 18.65.540(b) is amended to read: 18 (b) A peace officer receiving a protective order from a court under 19 AS 18.66.100 - 18.66.180 or 18.66.190 - 18.66.198, a modified order issued under 20 AS 18.66.120 or 18.66.190, or an order dismissing a protective order, must take 21 reasonable steps to ensure that the order, modified order, or dismissal is entered into 22 the central registry within 24 hours after being received. 23 * Sec. 16. AS 18.66.100(c)(14) is amended to read: 24 (14) require the respondent to pay costs and fees incurred by the 25 petitioner in bringing the action under AS 18.66.100 - 18.66.180 [THIS CHAPTER]; 26 * Sec. 17. AS 18.66.120(a) is amended to read: 27 (a) Either the petitioner or the respondent may request modification of a 28 protective order issued under AS 18.66.100 - 18.66.180. If a request is made for 29 modification of 30 (1) an ex parte protective order under AS 18.66.110(a), the court shall 31 schedule a hearing on three days' notice or on shorter notice as the court may

01 prescribe; the court shall hear and rule on the request in an expeditious manner; or 02 (2) a protective order after notice and hearing under AS 18.66.100(b), 03 the court shall schedule a hearing within 20 days after the date the request is made, 04 except that if the court finds that the request is meritless on its face, the court may 05 deny the request without further hearing. 06 * Sec. 18. AS 18.66.130(b) is amended to read: 07 (b) A court may not grant protective orders against the petitioner and the 08 respondent in the same action under AS 18.66.100 - 18.66.180 [THIS CHAPTER]. 09 * Sec. 19. AS 18.66.130(d) is amended to read: 10 (d) In addition to other required information contained in a protective order 11 issued under AS 18.66.100 - 18.66.180, the order must include in bold face type the 12 following statements: 13 (1) "Violation of this order may be a misdemeanor, punishable by up 14 to one year of incarceration and up to a $5,000 fine"; 15 (2) "If you are ordered to have no contact with the petitioner or to stay 16 away from the petitioner's residence, vehicle, or other place designated by the court, 17 an invitation by the petitioner to have the prohibited contact or to be present at or enter 18 the residence, vehicle, or other place does not in any way invalidate or nullify the 19 order." 20 * Sec. 20. AS 18.66.130(e) is amended to read: 21 (e) A protective order issued under AS 18.66.100 - 18.66.180 [THIS 22 CHAPTER] is in addition to and not in place of any other civil or criminal remedy. A 23 petitioner is not barred from seeking an order under AS 18.66.100 - 18.66.180 because 24 of the existence of another civil action between the petitioner and respondent. 25 * Sec. 21. AS 18.66.140(a) is amended to read: 26 (a) A certified copy of an unexpired domestic violence protective order issued 27 in another jurisdiction may be filed with the clerk of court in any judicial district in 28 this state. 29 * Sec. 22. AS 18.66.150(a) is amended to read: 30 (a) The Alaska Court System, after consulting with the Council on Domestic 31 Violence and Sexual Assault and other interested persons and organizations, shall

01 prepare forms for petitions, protective orders, and instructions for their use by a person 02 seeking a protective order under AS 18.66.100 - 18.66.180 [THIS CHAPTER]. The 03 forms must conform to the Alaska Rules of Civil Procedure, except that information 04 on the forms may be filled in by legible handwriting. 05 * Sec. 23. AS 18.66.150(b) is amended to read: 06 (b) In addition to other information required, a petition for a protective order 07 under AS 18.66.100 - 18.66.180 must include a statement of pending civil actions or 08 domestic violence criminal actions involving either the petitioner or the respondent. 09 While a protective order under AS 18.66.100 - 18.66.180 is in effect or a petition for 10 protective order under AS 18.66.100 - 18.66.180 is pending, both the petitioner and 11 respondent have a continuing duty to inform the court of pending civil actions or 12 domestic violence criminal actions involving either the petitioner or the respondent. 13 * Sec. 24. AS 18.66.150(d) is amended to read: 14 (d) Filing fees may not be charged in any action seeking only the relief 15 provided in AS 18.66.100 - 18.66.180 [THIS CHAPTER]. 16 * Sec. 25. AS 18.66.160 is amended to read: 17 Sec. 18.66.160. Service of process. (a) Process issued under AS 18.66.100 - 18 18.66.180 [THIS CHAPTER] shall be promptly served and executed. If process is to 19 be served upon a person believed to be present or residing in a municipality, as 20 defined in AS 29.71.800, or in an unincorporated community, process shall be served 21 by a peace officer of that municipality or unincorporated community who has 22 jurisdiction within the area of service. If a peace officer of the municipality or 23 unincorporated community who has jurisdiction is not available, a superior court, 24 district court, or magistrate may designate any other peace officer to serve and execute 25 process. A state peace officer shall serve process in any area that is not within the 26 jurisdiction of a peace officer of a municipality or unincorporated community. A 27 peace officer shall use every reasonable means to serve process issued under 28 AS 18.66.100 - 18.66.180 [THIS CHAPTER]. 29 (b) Service of process under (a) of this section does not preclude a petitioner 30 from using any other available means to serve process issued under AS 18.66.100 - 31 18.66.180 [THIS CHAPTER].

01 (c) Fees for service of process may not be charged in a proceeding seeking 02 only the relief provided in AS 18.66.100 - 18.66.180 [THIS CHAPTER]. 03 * Sec. 26. AS 18.66.170 is amended to read: 04 Sec. 18.66.170. Notification of law enforcement agencies. When a court 05 issues or accepts for filing a protective order under AS 18.66.100 -18.66.180 [THIS 06 CHAPTER], it shall send a copy of the order to the appropriate local law enforcement 07 agency. Each law enforcement agency shall establish procedures to inform peace 08 officers of protective orders. Peace officers shall use every reasonable means to 09 enforce a protective order issued or filed under AS 18.66.100 - 18.66.180 [THIS 10 CHAPTER]. 11 * Sec. 27. AS 18.66.180 is amended to read: 12 Sec. 18.66.180. Civil liability. A person may not bring a civil action for 13 damages against the state, its officers, agents, or employees, or a law enforcement 14 agency, its officers, agents, or employees for any failure to comply with the provisions 15 of AS 18.66.100 - 18.66.180 [THIS CHAPTER]. 16 * Sec. 28. AS 18.66 is amended by adding new sections to read: 17 Article 2A. Non-domestic Violence Stalking Protective Orders. 18 Sec. 18.66.190. Protective order for other stalking. (a) A person who is or 19 has been a victim of stalking by a person who is not a household member may file a 20 petition in the district or superior court for a protective order for non-domestic 21 violence stalking against the other person. A parent, guardian, or other representative 22 appointed by the court under this section may file a petition for a protective order for 23 non-domestic violence stalking on behalf of a minor. 24 (b) When a petition is filed under (a) of this section, the court shall schedule a 25 hearing and provide at least 10 days' notice to the respondent of the hearing and of the 26 respondent's right to appear and be heard, either in person or by an attorney. If the 27 court finds by a preponderance of evidence that the respondent has committed non- 28 domestic violence stalking against the petitioner, regardless of whether the respondent 29 appears at the hearing, the court may order any relief available under (c) of this 30 section. The provisions of a protective order issued under 31 (1) (c)(1) of this section are effective until further order of the court;

01 (2) (c)(2) - (10) of this section are effective for six months unless 02 earlier dissolved by court order. 03 (c) A protective order for non-domestic violence stalking issued under this 04 section may 05 (1) prohibit the respondent from threatening to commit or committing 06 stalking; 07 (2) prohibit the respondent from telephoning, contacting, or otherwise 08 communicating directly or indirectly with the petitioner; 09 (3) direct the respondent to stay away from the residence, school, or 10 place of employment of the petitioner or any specified place frequented by the 11 petitioner; 12 (4) prohibit the respondent from entering a propelled vehicle in the 13 possession of or occupied by the petitioner; 14 (5) prohibit the respondent from using or possessing a deadly weapon 15 if the court finds that the respondent was in actual possession of or used a weapon 16 while stalking the petitioner; 17 (6) direct the respondent to surrender any firearm owned or possessed 18 by the respondent if the court finds that the respondent was in the actual possession of 19 or used a firearm while stalking the petitioner; 20 (7) prohibit the respondent from using controlled substances; 21 (8) require the respondent to reimburse the petitioner or other person 22 for expenses associated with the stalking, including medical expenses and counseling; 23 (9) require the respondent to pay costs and fees incurred by the 24 petitioner in bringing the action under this section; 25 (10) order other relief the court determines necessary to protect the 26 petitioner. 27 (d) A person who is a victim of stalking by another person who is not a 28 household member may file a petition under (a) of this section and request an ex parte 29 protective order. If the court finds that the petition establishes probable cause to 30 believe that the stalking has occurred and that it is necessary to protect the petitioner 31 from that stalking, and if the petitioner has certified to the court in writing the efforts,

01 if any, that have been made to provide notice to the respondent, the court shall ex parte 02 and without notice to the respondent issue a protective order for non-domestic 03 violence stalking. An ex parte protective order for non-domestic violence stalking 04 may grant the protection provided by (c)(1) - (4) and (10) of this section. An ex parte 05 protective order expires 20 days after it is issued unless dissolved earlier by the court 06 at the request of either the petitioner or the respondent and after notice and, if 07 requested, a hearing. 08 (e) Either the petitioner or the respondent may request modification of a 09 protective order issued under this section. If a request is made for modification of 10 (1) a protective order after notice and hearing under (a) of this section, 11 the court shall schedule a hearing within 20 days after the date the request is made, 12 except that if the court finds that the request is meritless on its face, the court may 13 deny the request without further hearing; or 14 (2) an ex parte protective order under (d) of this section, the court shall 15 schedule a hearing on three days' notice or on shorter notice as the court may 16 prescribe. 17 (f) If a court issues a protective order or a modification of a protective order 18 for non-domestic violence stalking, it shall make reasonable efforts to ensure that the 19 order is understood by the petitioner and by the respondent, if present at any hearing, 20 and have the order delivered to the appropriate local law enforcement agency for 21 expedited service and for entry into the central registry of protective orders under 22 AS 18.65.540. 23 (g) In addition to other required information contained in a protective order, 24 the order must include in bold face type the statement "Violation of this order may be 25 a misdemeanor, punishable by up to one year of incarceration and up to a $5,000 fine." 26 (h) A protective order issued under this section is in addition to and not in 27 place of any other civil or criminal remedy. A petitioner is not barred from seeking an 28 order under this section because of the existence of another civil action between the 29 petitioner and respondent. 30 Sec. 18.66.192. Forms for petitions and orders; fees. (a) The Alaska Court 31 System, after consulting with other interested persons and organizations, shall prepare

01 forms for petitions, protective orders, and instructions for their use by a person seeking 02 a protective order under AS 18.66.190. The forms must conform to the Alaska Rules 03 of Civil Procedure, except that information on the forms may be filled in by legible 04 handwriting. 05 (b) The office of the clerk of each superior and district court shall make 06 available to the public under this section the forms a person seeking a protective order 07 under AS 18.66.190 - 18.66.198 may need and instructions for the use of the forms. 08 The clerk shall provide assistance in completing the forms and filing the forms. 09 (c) Filing fees may not be charged in any action seeking only the relief 10 provided in AS 18.66.190 - 18.66.198. 11 Sec. 18.66.194. Service of process. (a) Process issued under AS 18.66.190 - 12 18.66.198 shall be promptly served and executed. If process is to be served upon a 13 person believed to be present or residing in a municipality, as defined in 14 AS 29.71.800, or in an unincorporated community, process shall be served by a peace 15 officer of that municipality or unincorporated community who has jurisdiction within 16 the area of service. If a peace officer of the municipality or unincorporated 17 community who has jurisdiction is not available, a superior court, district court, or 18 magistrate may designate any other peace officer to serve and execute process. A state 19 peace officer shall serve process in any area that is not within the jurisdiction of a 20 peace officer of a municipality or unincorporated community. A peace officer shall 21 use every reasonable means to serve process issued under AS 18.66.190 - 18.66.198. 22 (b) Service of process under (a) of this section does not preclude a petitioner 23 from using any other available means to serve process issued under AS 18.66.190 - 24 18.66.198. 25 (c) Fees for service of process may not be charged in a proceeding seeking 26 only the relief provided in AS 18.66.190 - 18.66.198. 27 Sec. 18.66.196. Notification of law enforcement agencies. When a court 28 issues a protective order under AS 18.66.190, it shall send a copy of the order to the 29 appropriate local law enforcement agency. Each law enforcement agency shall 30 establish procedures to inform peace officers of protective orders issued under 31 AS 18.66.190. Peace officers shall use every reasonable means to enforce a protective

01 order issued under AS 18.66.190. 02 Sec. 18.66.198. Civil liability. A person may not bring a civil action for 03 damages against the state, its officers, agents, or employees, or a law enforcement 04 agency, its officers, agents, or employees for any failure to comply with 05 AS 18.66.190 - 18.66.198. 06 * Sec. 29. AS 18.66.200(d) is amended to read: 07 (d) Notwithstanding (a) of this section, 08 (1) a minor may waive the privilege provided under (a) of this section 09 and testify or give consent for a victim counselor to testify if the court determines that 10 the minor is capable of knowingly waiving the privilege; 11 (2) a parent or legal guardian may not, on behalf of a minor, waive the 12 privilege provided under (a) of this section with respect to the minor's testimony or the 13 testimony of a victim counselor if 14 (A) the parent or legal guardian has been charged with a crime 15 against the minor; 16 (B) a protective order, protective injunction, or restraining 17 order has been entered against the parent or legal guardian on request of or on 18 behalf of the minor; or 19 (C) the parent or legal guardian otherwise has an interest 20 adverse to that of the minor with respect to the waiver of privilege. 21 * Sec. 30. AS 18.66.250(1) is amended to read: 22 (1) "confidential communication" means information exchanged 23 between a victim and a victim counselor in private or in the presence of a third party 24 who is necessary to facilitate communication or further the counseling process and 25 that is disclosed in the course of victim counseling resulting from a sexual assault, 26 [OR] domestic violence, or non-domestic violence stalking; 27 * Sec. 31. AS 18.66.250(3) is amended to read: 28 (3) "victim" means a person who consults a victim counselor for 29 assistance in overcoming adverse effects of a sexual assault, [OR] domestic violence, 30 or non-domestic violence stalking; 31 * Sec. 32. AS 18.66.250(4) is amended to read:

01 (4) "victim counseling" means support, assistance, advice, or treatment 02 to alleviate the adverse effects of a sexual assault, [OR] domestic violence, or non- 03 domestic violence stalking on the victim; 04 * Sec. 33. AS 18.66.250(5) is amended to read: 05 (5) "victim counseling center" means a private organization or a local 06 government agency that 07 (A) has as one of its primary purposes the provision of direct 08 services to victims for trauma resulting from a sexual assault, [OR] domestic 09 violence, or non-domestic violence stalking; 10 (B) is not affiliated with a law enforcement agency or a 11 prosecutor's office; and 12 (C) is not on contract with the state to provide services under 13 AS 47; 14 * Sec. 34. AS 18.66.250(6) is amended to read: 15 (6) "victim counselor" means an employee or supervised volunteer of a 16 victim counseling center that provides counseling to victims 17 (A) who has undergone a minimum of 40 hours of training in 18 domestic violence, [OR] sexual assault, non-domestic violence stalking, crisis 19 intervention, victim support, treatment and related areas; or 20 (B) whose duties include victim counseling. 21 * Sec. 35. AS 18.66.310(b) is amended to read: 22 (b) The administrative director of the Alaska Court System shall, in 23 consultation with the Council on Domestic Violence and Sexual Assault, provide 24 continuing education in domestic violence for judicial officers and court clerks who 25 have contact with parties involved in domestic violence. Before a person may be 26 appointed by the court as, or continue to serve as, a guardian ad litem, child 27 custody investigator, or mediator, the person must have completed continuing 28 education in domestic violence from a program sponsored by the Council on 29 Domestic Violence and Sexual Assault. 30 * Sec. 36. AS 18.66.990(2) is amended to read: 31 (2) "crisis intervention and prevention program" means a community

01 program that provides information, education, counseling, and referral services to 02 individuals experiencing personal crisis related to domestic violence, [OR] sexual 03 assault, or non-domestic violence stalking, and to individuals in personal or 04 professional transition, excluding correctional half-way houses, outpatient mental 05 health programs, and drug or alcohol rehabilitation programs; 06 * Sec. 37. AS 18.66.990 is amended by adding new paragraphs to read: 07 (11) "non-domestic violence stalking" means stalking that is not 08 domestic violence; 09 (12) "stalking" means a violation of AS 11.41.260 or 11.41.270. 10 * Sec. 38. AS 22.10.020(a) is amended to read: 11 (a) The superior court is the trial court of general jurisdiction, with original 12 jurisdiction in all civil and criminal matters, including probate and guardianship of 13 minors and incompetents. Except for a petition for a protective order under 14 AS 18.66.100 - 18.66.180 or 18.66.190 - 18.66.198, an action that falls within the 15 concurrent jurisdiction of the superior court and the district court may not be filed in 16 the superior court, except as provided by rules of the supreme court. 17 * Sec. 39. AS 22.15.030 is amended to read 18 Sec. 22.15.030. Civil jurisdiction. (a) The district court has jurisdiction of 19 civil cases, including foreign judgments filed under AS 09.30.200 and arbitration 20 proceedings under AS 09.43.170, as follows: 21 (1) for the recovery of money or damages when the amount claimed 22 exclusive of costs, interest, and attorney fees does not exceed $50,000; 23 (2) for the recovery of specific personal property, when the value of 24 the property claimed and the damages for the detention do not exceed $50,000; 25 (3) for the recovery of a penalty or forfeiture, whether given by statute 26 or arising out of contract, not exceeding $50,000; 27 (4) to give judgment without action upon the confession of the 28 defendant for any of the cases specified in this section, except for a penalty or 29 forfeiture imposed by statute; 30 (5) for establishing the fact of death or cause and manner of death of 31 any person in the manner prescribed in AS 09.55.020 - 09.55.069;

01 (6) for the recovery of the possession of premises in the manner 02 provided under AS 09.45.070 - 09.45.160 when the value of the arrears and damage to 03 the property does not exceed $50,000; 04 (7) for the foreclosure of a lien when the amount in controversy does 05 not exceed $50,000; 06 (8) for the recovery of money or damages in motor vehicle tort cases 07 when the amount claimed exclusive of costs, interest, and attorney fees does not 08 exceed $50,000; 09 (9) over civil actions for taking utility service and for damages to or 10 interference with a utility line filed under AS 42.20.030; 11 (10) over cases involving protective orders for domestic violence 12 under AS 18.66.100 - 18.66.180 or protective orders under AS 18.66.190 - 13 18.66.198. 14 (b) Insofar as the civil jurisdiction of the district courts and the superior court 15 is the same, the jurisdiction is concurrent. Except for a petition for a protective order 16 under AS 18.66.100 - 18.66.180 or 18.66.190 - 18.66.198, an action that falls within 17 the concurrent jurisdiction of the superior court and the district court may not be filed 18 in the superior court, except as provided by rules of the supreme court. 19 * Sec. 40. AS 22.15.100 is amended to read: 20 Sec. 22.15.100. Functions and powers of district judge and magistrate. 21 Each district judge and magistrate has the power 22 (1) to issue writs of habeas corpus for the purpose of inquiring into the 23 cause of restraint of liberty, returnable before a judge of the superior court, and the 24 same proceedings shall be had on the writ as if it had been granted by the superior 25 court judge under the laws of the state in such cases; 26 (2) of a notary public; 27 (3) to solemnize marriages; 28 (4) to issue warrants of arrest, summons, and search warrants 29 according to manner and procedure prescribed by law and the supreme court; 30 (5) to act as an examining judge or magistrate in preliminary 31 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the

01 release of defendants under bail; 02 (6) to act as a referee in matters and actions referred to the judge or 03 magistrate by the superior court, with all powers conferred upon referees by laws; 04 (7) of the superior court in all respects including but not limited to 05 contempts, attendance of witnesses, and bench warrants; 06 (8) to order the temporary detention of a minor, or take other action 07 authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, 08 when the minor is in a condition or surrounding dangerous or injurious to the welfare 09 of the minor or others that requires immediate action; the action may be continued in 10 effect until reviewed by the superior court in accordance with rules of procedure 11 governing these cases; 12 (9) to issue a protective order in cases involving domestic violence as 13 provided in AS 18.66.100 - 18.66.180 and in cases involving non-domestic violence 14 stalking as provided in AS 18.66.190 - 18.66.198; 15 (10) to review an administrative revocation of a person's driver's 16 license or nonresident privilege to drive, and an administrative refusal to issue an 17 original license, when designated as a hearing officer by the commissioner of 18 administration and with the consent of the administrative director of the state court 19 system; 20 (11) to establish the fact of death or inquire into the death of a person 21 in the manner prescribed under AS 09.55.020 - 09.55.069. 22 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 DIRECT COURT RULE AMENDMENT. Rule 65.1, Alaska Rules of Civil 25 Procedure, is amended to read: 26 Rule 65.1. Domestic Violence and Non-domestic Violence Stalking 27 Protective Orders -- Access to Information. A petitioner who is appearing pro se in 28 a proceeding to obtain a domestic violence protective order under AS 18.66.100 or 29 18.66.110 or a protective order for non-domestic violence stalking under 30 AS 18.66.190 may submit the petitioner's mailing address and telephone number on a 31 separate form and omit this information from other pleadings and papers filed with the

01 court. Access to the form containing the petitioner's mailing address and telephone 02 number is limited to the court, authorized court system personnel, and the petitioner. 03 If a child support order is entered in the proceeding, court system personnel may also 04 provide a copy of the address information form to the Child Support Enforcement 05 Division. Further disclosure of this form by the Child Support Enforcement Division 06 is prohibited. If the petitioner submits an information sheet containing the petitioner's 07 address and telephone number for use by law enforcement agencies, the court may 08 retain a copy of this document. Access to the copy is limited to the court, authorized 09 court system personnel, and the petitioner. 10 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 DIRECT COURT RULE AMENDMENT. Rule 100(a), Alaska Rules of Civil 13 Procedure, is amended to read: 14 (a) Application. At any time after a complaint is filed, a party may file a 15 motion with the court requesting mediation for the purpose of achieving a mutually 16 agreeable settlement. The motion must address how the mediation should be 17 conducted as specified in paragraph (b), including the names of any acceptable 18 mediators. If domestic violence has occurred between the parties and mediation is 19 requested in a matter covered by AS 25, mediation may only be ordered when 20 permitted under AS 25.20.080, AS 25.24.060, or 25.24.140. In matters not covered by 21 AS 25, the court may order mediation in response to such a motion, or on its own 22 motion, whenever it determines that mediation may result in an equitable settlement. 23 In making this determination, the court shall consider whether there is a history of 24 domestic violence or non-domestic violence stalking between the parties which 25 could be expected to affect the fairness of the mediation process or the physical safety 26 of the domestic violence or non-domestic violence stalking victim. Mediation may 27 not be ordered between the parties to, or in, a case filed under AS 18.66.100 - 28 18.66.180 or AS 18.66.190. For purposes of this paragraph, "non-domestic 29 violence stalking" has the meaning given in AS 18.66.990. 30 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:

01 INDIRECT COURT RULE CHANGE. (a) The provisions of sec. 9 of this Act have 02 the effect of amending Rules 10, 11, 13, 16, and 17, Alaska District Court Rules of Civil 03 Procedure, by providing procedures for small claims actions regarding property seized from a 04 pawnbroker or secondhand dealer. 05 (b) Section 9 of this Act takes effect only if (a) of this section receives the two-thirds 06 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 07 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 INDIRECT COURT RULE CHANGE. (a) The provisions of AS 12.36.070(h), 10 enacted by sec. 9 of this Act, have the effect of amending Rule 9, Alaska Rules of 11 Administration, by prohibiting the court from setting an administrative fee for the filing of a 12 petition or response in accordance with AS 12.36.070, enacted by sec. 9 of this Act. 13 (b) AS 12.36.070(h), enacted by sec. 9 of this Act, takes effect only if (a) of this 14 section receives the two-thirds majority vote of each house required by art. IV, sec. 15, 15 Constitution of the State of Alaska. 16 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 INDIRECT COURT RULE CHANGE. (a) The provisions of AS 18.66.192(c) and 19 18.66.194(c), enacted by sec. 28 of this Act, have the effect of amending Rule 9, Alaska Rules 20 of Administration, by prohibiting the court from setting an administrative fee for the filing of, 21 or for service of process regarding, a petition under AS 18.66.190, enacted by sec. 28 of this 22 Act. 23 (b) AS 18.66.192(c) and 18.66.194(c), enacted by sec. 28 of this Act, take effect only 24 if (a) of this section receives the two-thirds majority vote of each house required by art. IV, 25 sec. 15, Constitution of the State of Alaska. 26 * Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 REVISOR'S INSTRUCTIONS. The revisor of statutes is instructed to change the 29 following in the Alaska Statutes: 30 (1) the chapter heading of AS 18.66 from "Domestic Violence and Sexual 31 Assault" to "Domestic Violence, Sexual Assault, and Non-domestic Violence Stalking";

01 (2) the article heading of Article 2 of AS 18.66 from "Protective Orders" to 02 "Domestic Violence Protective Orders"; 03 (3) the section heading of AS 18.66.100 from "Protective orders: eligible 04 petitioners; relief" to "Domestic violence protective orders: eligible petitioners; relief"; 05 (4) the section heading of AS 18.66.110 from "Ex parte and emergency 06 protective orders" to "Domestic violence ex parte and emergency protective orders"; 07 (5) the section heading of AS 18.66.120 from "Modification of protective 08 orders" to "Modification of domestic violence protective orders"; 09 (6) the section heading of AS 18.66.130 from "Specific protective orders" to 10 "Specific domestic violence protective orders"; 11 (7) the section heading of AS 18.66.140 from "Filing and enforcement of 12 protective orders issued in other states" to "Filing and enforcement of domestic violence 13 protective orders issued in other states"; 14 (8) the section heading of AS 18.66.310 from "Continuing education for 15 public employees, court system employees, and for prosecuting authorities" to Continuing 16 education". 17 * Sec. 47. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. (a) The changes made by sec. 5 of this Act apply to acts 20 committed on or after the effective date of this Act. 21 (b) Section 9 of this Act applies to property that remains in the possession of a law 22 enforcement agency and that was seized before, on, or after the effective date of this Act. 23 (c) The provisions of sec. 28 of this Act apply to acts committed before, on, or after 24 the effective date of this Act. 25 (d) For a person who, on the effective date of this Act, is serving as a court-appointed 26 guardian ad litem, child custody investigator, or mediator, the changes to AS 18.66.310(b) 27 made by sec. 35 of this Act first apply 180 days after the effective date of this Act.