HB 317: "An Act relating to stalking and amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration."
00 HOUSE BILL NO. 317 01 "An Act relating to stalking and amending Rule 4, Alaska Rules of Civil Procedure, and 02 Rule 9, Alaska Rules of Administration." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.56.740(a) is amended to read: 05 (a) A person commits the crime of violating a protective order if the person is 06 subject to a protective order containing a provision listed in AS 18.65.850 or 07 AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to commit an act in 08 violation of that provision. 09 * Sec. 2. AS 11.56.740(c) is amended to read: 10 (c) In this section, "protective order" means an order issued or filed under 11 AS 18.65.850 or AS 18.66.100 - 18.66.180. 12 * Sec. 3. AS 18.65.540(a) is amended to read: 13 (a) The Department of Public Safety shall maintain a central registry of 14 protective orders issued by or filed with a court of this state under AS 18.65.850 or
01 AS 18.66.100 - 18.66.180. The registry must include for each protective order the 02 names of the petitioner and respondent, their dates of birth, and the conditions and 03 duration of the order. The registry shall retain a record of the protective order after it 04 has expired. 05 * Sec. 4. AS 18.65.540(b) is amended to read: 06 (b) A peace officer receiving a protective order from a court under 07 AS 18.65.850, AS 18.66.100 - 18.66.180, a modified order issued under 08 AS 18.66.120, or an order dismissing a protective order, must take reasonable steps to 09 ensure that the order, modified order, or dismissal is entered into the central registry 10 within 24 hours after being received. 11 * Sec. 5. AS 18.65 is amended by adding new sections to read: 12 Article 11. Stalking Protective Orders and Notifications to Stalking Victims. 13 Sec. 18.65.850. Protective orders for stalking. (a) A person who reasonably 14 believes that the crime of stalking, that is not a crime involving domestic violence, is 15 being committed against the person by another may petition the district or superior 16 court for an order directing the person who is allegedly committing the stalking to 17 (1) stay away from the home, school, business, or place of employment 18 of the petitioner and any other location specifically named by the court; 19 (2) refrain from contacting, intimidating, threatening, or otherwise 20 interfering with the petitioner or a family member of the petitioner specifically named 21 by the court. 22 (b) After receiving a petition under (a) of this section, a court may grant 23 (1) an ex parte protective order if the court finds that 24 (A) the petition establishes probable cause that the respondent 25 has committed the crime of stalking against the petitioner; 26 (B) the protective order is necessary to protect the petitioner 27 from further stalking; 28 (C) reasonable but ultimately unsuccessful efforts have been 29 made to provide notice of the petition to the alleged stalker; and 30 (D) the petition does not order the respondent to stay away 31 from the respondent's own home, school, business, or place of employment;
01 (2) a temporary protective order if the court finds that 02 (A) the petition establishes probable cause that the respondent 03 has committed the crime of stalking against the petitioner; 04 (B) the protective order is necessary to protect the petitioner 05 from further stalking; 06 (C) the respondent has been provided notice of the petition; and 07 (D) the petition does not order the alleged stalker to stay away 08 from the alleged stalker's own home, school, business, or place of employment 09 unless the alleged stalker has been provided an opportunity to be heard on the 10 petition; or 11 (3) an extended protective order if the court finds, after a hearing, that 12 (A) by a preponderance of evidence, the respondent has 13 committed the crime of stalking against the petitioner; 14 (B) the protective order is necessary to protect the petitioner 15 from further stalking; and 16 (C) the respondent has been provided at least 10 days' notice of 17 the hearing and of the alleged stalker's right to appear and be heard, either in 18 person or by an attorney. 19 (c) A protective order is not effective until served upon the respondent. An ex 20 parte protective order expires 30 days after the date the order is issued. A temporary 21 protective order expires 30 days after the date the order is served on the respondent. 22 An extended protective order expires six months after the order is served on the 23 respondent. 24 (d) Either the petitioner or the respondent may request modification of a 25 protective order. The court may not grant a modification unless notice of the request 26 has been provided to the adverse party and the adverse party has been granted a 27 reasonable opportunity to be heard. A modified order issued under this subsection 28 replaces the protective order it modifies. 29 (e) A protective order issued by a court under this section shall be delivered to 30 the appropriate law enforcement agency for service on the respondent and for entry in 31 the central registry of protective orders under AS 18.65.540. Service of process shall
01 be as provided in AS 18.66.160 for service of process of domestic violence protective 02 orders. 03 (f) The Alaska Court System shall prepare forms for petitions and protective 04 orders and instructions for their use by a person seeking a protective order under this 05 section. Each protective order form must contain the following warning in boldface 06 type: "Violation of this order may be a misdemeanor, punishable by up to one year of 07 incarceration and up to a $5,000 fine. Filing fees may not be charged for the filing of 08 a petition under this section." 09 (g) In this section, "crime involving domestic violence" has the meaning given 10 in AS 18.66.990. 11 Sec. 18.65.855. Notification to stalking victims. The Department of Public 12 Safety shall develop and make available to law enforcement agencies in the state a 13 notice that details the rights of victims of stalking, that is not a crime involving 14 domestic violence, and the services available to them. The form must be similar to 15 that provided to victims of domestic violence under AS 18.65.520. A peace officer 16 investigating a stalking offense shall provide the form to the victim. In this section, 17 "crime involving domestic violence" has the meaning given in AS 18.66.990. 18 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 INDIRECT COURT RULE AMENDMENTS. AS 18.65.850(e), added by sec. 5 of 21 this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, 22 Alaska Rules of Administration, relating to service of process for protective orders for victims 23 of stalking.