CSHB 317(JUD): "An Act relating to stalking and to violating a protective order; and amending Rules 4 and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration."
00 CS FOR HOUSE BILL NO. 317(JUD) 01 "An Act relating to stalking and to violating a protective order; and amending Rules 4 02 and 65, Alaska Rules of Civil Procedure, and 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 07 (1) issued or filed under AS 18.66 and containing a provision listed 08 in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to commit an act in 09 violation of that provision; or 10 (2) issued under AS 18.65.850, 18.65.855, or 18.65.860 and 11 knowingly commits or attempts to commit an act in violation of the order. 12 * Sec. 2. AS 18.65.530(a) is amended to read: 13 (a) Except as provided in (b) or (c) of this section, a peace officer, with or 14 without a warrant, shall arrest a person if the officer has probable cause to believe the
01 person has, either in or outside the presence of the officer, within the previous 12 02 hours, 03 (1) committed domestic violence, except an offense under 04 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 05 (2) committed the crime of violating a protective order in violation of 06 AS 11.56.740(a)(1) [AS 11.56.740]; 07 (3) violated a condition of release imposed under AS 12.30.027. 08 * Sec. 3. AS 18.65 is amended by adding new sections to read: 09 Article 11. Stalking Protective Orders and Notifications to Stalking Victims. 10 Sec. 18.65.850. Protective orders for stalking. (a) A person who reasonably 11 believes that the person is a victim of stalking that is not a crime involving domestic 12 violence may file a petition in the district or superior court for a stalking protective 13 order against a respondent who is alleged to have committed the stalking. A parent or 14 guardian may file a petition on behalf of a minor. 15 (b) When a petition for a protective order is filed, the court shall schedule a 16 hearing and provide at least 10 days' notice to the respondent of the hearing and of the 17 respondent's right to appear and be heard, either in person or through an attorney. If 18 the court finds by a preponderance of evidence that the respondent has committed 19 stalking against the petitioner, regardless of whether the respondent appears at the 20 hearing, the court may order any relief available under (c) of this section. The 21 provisions of a protective order issued under this section are effective for six months 22 unless earlier dissolved by the court. 23 (c) A protective order issued under this section may 24 (1) prohibit the respondent from threatening to commit or committing 25 stalking; 26 (2) prohibit the respondent from telephoning, contacting, or otherwise 27 communicating directly or indirectly with the petitioner or a designated household 28 member of the petitioner specifically named by the court; 29 (3) direct the respondent to stay away from the residence, school, or 30 place of employment of the petitioner, or any specified place frequented by the 31 petitioner; however, the court may order the respondent to stay away from the
01 respondent's own residence, school, or place of employment only if the respondent has 02 been provided actual notice of the opportunity to appear and be heard on the petition. 03 (d) If the court issues a protective order under this section, the court shall 04 (1) make reasonable efforts to ensure that the order is understood by 05 the petitioner and by the respondent, if present; and 06 (2) have the order delivered to the appropriate local law enforcement 07 agency for expedited service. 08 Sec. 18.65.855. Ex parte and emergency protective orders for stalking. (a) 09 A person who reasonably believes that the person is a victim of stalking that is not a 10 crime involving domestic violence may file a petition under AS 18.65.850 and request 11 an ex parte protective order. If the court finds that the petition establishes probable 12 cause that the crime of stalking has occurred, that it is necessary to protect the 13 petitioner from further stalking, and that the petitioner has certified to the court in 14 writing the efforts, if any, that have been made to provide notice to the respondent, the 15 court shall ex parte and without notice to the respondent issue a protective order. An 16 ex parte protective order under this section may grant the protection provided by 17 AS 18.65.850(c). An ex parte protective order expires 20 days after it is issued unless 18 dissolved earlier by the court at the request of either the petitioner or the respondent 19 after notice and, if requested, a hearing. If the court issues an ex parte protective 20 order, the court shall have the order delivered to the appropriate law enforcement 21 agency for expedited service. 22 (b) A peace officer, on behalf of and with the consent of a victim of stalking 23 that is not a crime involving domestic violence, may request an emergency protective 24 order from a judicial officer. The request may be made orally or in writing based on 25 the sworn statement of a peace officer, and in person or by telephone. If the court 26 finds probable cause to believe that the petitioner is in immediate danger of stalking 27 based on an allegation of the recent commission of stalking, the court ex parte shall 28 issue an emergency protective order. An emergency protective order may grant the 29 protection provided in AS 18.65.850(c). An emergency protective order expires 72 30 hours after it is issued unless dissolved earlier by the court at the request of the 31 petitioner. A peace officer who obtains an emergency protective order under this
01 section shall 02 (1) place the provisions of an oral order in writing on a form provided 03 by the court and file the written order with the issuing court by the end of the judicial 04 day after the order is issued; 05 (2) provide a copy of the order to the petitioner; and 06 (3) serve a copy of the order on the respondent. 07 Sec. 18.65.860. Modification of protective orders for stalking. (a) Either 08 the petitioner or the respondent may request modification of a protective order issued 09 under AS 18.65.850 or 18.65.855(a). If a request is made for modification of 10 (1) a protective order, after notice and hearing under AS 18.65.850, the 11 court shall schedule a hearing within 20 days after the date the request is made, except 12 that, if the court finds that the request is meritless on its face, the court may deny the 13 request without a hearing; or 14 (2) an ex parte protective order under AS 18.65.855(a), the court shall 15 schedule a hearing on three days' notice or on shorter notice as the court may 16 prescribe. 17 (b) If the court modifies a protective order under this section, the court shall 18 issue a modified order and shall 19 (1) make reasonable efforts to ensure that the order is understood by 20 the petitioner and by the respondent, if present at the hearing; and 21 (2) have the order delivered to the appropriate local law enforcement 22 agency for expedited service. 23 Sec. 18.65.865. Service of process; forms for petitions and orders; fees; 24 warnings; and notification. (a) Service of process of an order issued by the court 25 under AS 18.65.850 - 18.65.860 shall be as provided in AS 18.66.160 for service of 26 process of domestic violence protective orders. 27 (b) The Alaska Court System shall prepare forms for petitions and protective 28 orders and instructions for their use by a person seeking a protective order under 29 AS 18.65.850 - 18.65.860. The forms must conform to the Alaska Rules of Civil 30 Procedure, except that information on the forms may be filled in by legible 31 handwriting. Filing fees may not be charged for filing the petition. Each protective
01 order form must contain the following warning in boldface type: "Violation of this 02 order may be a misdemeanor, punishable by up to one year of incarceration and a fine 03 of up to $5,000." 04 (c) The Department of Public Safety shall develop and make available to law 05 enforcement agencies in the state a notice that details the rights of victims of stalking 06 and the services available to them. The form must be similar to that provided to 07 victims of domestic violence under AS 18.65.520. A peace office investigating a 08 stalking offense shall provide the form to the victim. 09 Sec. 18.65.870. Definitions. In AS 18.65.850 - 18.65.870, 10 (1) "crime involving domestic violence" has the meaning given in 11 AS 18.66.990; 12 (2) "household member" has the meaning given in AS 18.66.990; 13 (3) "stalking" means a violation of AS 11.41.260 or 11.41.270. 14 * Sec. 4. AS 18.66.990(3) is amended to read: 15 (3) "domestic violence" and "crime involving domestic violence" mean 16 one or more of the following offenses or an offense under a law or ordinance of 17 another jurisdiction having elements similar to these offenses, or an attempt to commit 18 the offense, by a household member against another household member: 19 (A) a crime against the person under AS 11.41; 20 (B) burglary under AS 11.46.300 - 11.46.310; 21 (C) criminal trespass under AS 11.46.320 - 11.46.330; 22 (D) arson or criminally negligent burning under AS 11.46.400 - 23 11.46.430; 24 (E) criminal mischief under AS 11.46.480 - 11.46.486; 25 (F) terroristic threatening under AS 11.56.810; 26 (G) violating a protective [DOMESTIC VIOLENCE] order 27 under AS 11.56.740; or 28 (H) harassment under AS 11.61.120(a)(2) - (4); 29 * Sec. 5. AS 22.15.100(9) is amended to read: 30 (9) to issue a protective order in cases involving 31 (A) domestic violence as provided in AS 18.66.100 -
01 18.66.180; or 02 (B) stalking as provided in AS 18.65.850 - 18.65.870; 03 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 INDIRECT COURT RULE AMENDMENTS. (a) AS 18.65.865, added by sec. 3 of 06 this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, 07 Alaska Rules of Administration, relating to fees and service of process for protective orders 08 for victims of stalking. 09 (b) AS 18.65.850 - 18.65.870, added by sec. 3 of this Act, have the effect of 10 amending Rule 65, Alaska Rules of Civil Procedure, relating to temporary restraining orders, 11 the method of obtaining those orders, and the timing of those orders.