SB 316: "An Act relating to stalking and to violating a protective order or injunction; and amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration."
00 SENATE BILL NO. 316 01 "An Act relating to stalking and to violating a protective order or injunction; and 02 amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of 03 Administration." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.11.494 (e) is amended to read: 06 (e) A person is disqualified as described under (b)(9) of this section due to the 07 person's criminal record if less than 08 (1) two years has elapsed from the person's unconditional discharge 09 due to a conviction or adjudication as a delinquent for any of the following offenses or 10 a law or ordinance from another jurisdiction with similar elements: 11 (A) driving while intoxicated under AS 28.35.030 or refusal to 12 submit to a chemical test under AS 28.35.032; or 13 (B) a crime involving domestic violence, as that term is defined 14 under AS 18.66.990, or violating a protective order or injunction under
01 AS 11.56.740; 02 (2) five years has elapsed from the person's unconditional discharge 03 due to a conviction or adjudication as a delinquent for any of the following offenses or 04 a law or ordinance from another jurisdiction with similar elements: 05 (A) a felony violation or a felony attempt to commit a violation 06 of AS 11.41; or 07 (B) a misdemeanor violation of or a misdemeanor attempt to 08 violate a provision in this title; or 09 (3) 10 years has elapsed from the person's unconditional discharge due 10 to a conviction or adjudication as a delinquent for a felony violation or a felony 11 attempt to violate a provision of this title or a law or ordinance from another 12 jurisdiction with similar elements. 13 * Sec. 2. AS 11.56.740(a) is amended to read: 14 (a) A person commits the crime of violating a protective order or injunction 15 if the person 16 (1) is subject to a 17 (A) protective order 18 (i) issued or filed under AS 18.66 and containing a 19 provision listed in AS 18.66.100(c)(1) - (7); or 20 (ii) issued under AS 18.65.850; or 21 (B) protective injunction issued under AS 47.17.069; and 22 (2) knowingly commits or attempts to commit an act with reckless 23 disregard that the act violates or would violate a [IN VIOLATION OF THAT] 24 provision of the protective order or injunction. 25 * Sec. 3. AS 12.25.030(b) is amended to read: 26 (b) In addition to the authority granted by (a) of this section, a peace officer 27 (1) shall make an arrest under the circumstances described in 28 AS 18.65.530; 29 (2) without a warrant, may arrest a person if the officer has probable 30 cause to believe the person has, either in or outside the presence of the officer, 31 (A) committed a crime involving domestic violence, whether
01 the crime is a felony or a misdemeanor; in this subparagraph, "crime involving 02 domestic violence" has the meaning given in AS 18.66.990; 03 (B) committed the crime of violating a protective order or 04 injunction in violation of AS 11.56.740; or 05 (C) violated a condition of release imposed under 06 AS 12.30.025 or 12.30.027; 07 (3) without a warrant, may arrest a person when the peace officer has 08 reasonable cause for believing that the person has 09 (A) committed a crime under or violated conditions imposed as 10 part of the person's release before trial on misdemeanor charges brought under 11 AS 11.41.270; 12 (B) violated AS 04.16.050 or an ordinance with similar 13 elements; however, unless there is a lawful reason for further detention, a 14 person who is under the age of 18 and who has been arrested for violating 15 AS 04.16.050 or an ordinance with similar elements shall be cited for the 16 offense and released to the person's parent, guardian, or legal custodian; or 17 (C) violated conditions imposed as part of the person's release 18 before trial on felony charges brought under AS 11.41.410 - 11.41.458. 19 * Sec. 4. AS 18.65.530(a) is amended to read: 20 (a) Except as provided in (b) or (c) of this section, a peace officer, with or 21 without a warrant, shall arrest a person if the officer has probable cause to believe the 22 person has, either in or outside the presence of the officer, within the previous 12 23 hours, 24 (1) committed domestic violence, except an offense under 25 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 26 (2) committed the crime of violating a protective order or injunction 27 in violation of AS 11.56.740; 28 (3) violated a condition of release imposed under AS 12.30.027. 29 * Sec. 5. AS 18.65 is amended by adding new sections to read: 30 Article 11. Stalking Protective Orders and Notifications to Stalking Victims. 31 Sec. 18.65.850. Protective orders for stalking. (a) A person who reasonably
01 believes that the crime of stalking, that is not a crime involving domestic violence, is 02 being committed against the person by another may petition the district or superior 03 court for an order directing the person who is allegedly committing the stalking to 04 (1) stay away from the home, school, business, or place of employment 05 of the petitioner and any other location specifically named by the court; 06 (2) refrain from contacting, intimidating, threatening, or otherwise 07 interfering with the petitioner or a family member of the petitioner specifically named 08 by the court. 09 (b) After receiving a petition under (a) of this section, a court may grant 10 (1) an emergency protective order if the court finds that 11 (A) the petition establishes probable cause that the respondent 12 has committed the crime of stalking against the petitioner; 13 (B) the protective order is necessary to protect the petitioner 14 from further stalking; and 15 (C) the petition does not order the respondent to stay away 16 from the respondent's own home, school, business, or place of employment; 17 (2) a temporary protective order if the court finds that 18 (A) the petition establishes probable cause that the respondent 19 has committed the crime of stalking against the petitioner; 20 (B) the protective order is necessary to protect the petitioner 21 from further stalking; 22 (C) the respondent has been served with or otherwise provided 23 notice of the petition; and 24 (D) the petition does not order the alleged stalker to stay away 25 from the alleged stalker's own home, school, business, or place of employment 26 unless the alleged stalker has been provided an opportunity to be heard on the 27 petition; or 28 (3) an extended protective order if the court finds, after a hearing, that 29 (A) by a preponderance of evidence, the respondent has 30 committed the crime of stalking against the petitioner; 31 (B) the protective order is necessary to protect the petitioner
01 from further stalking; and 02 (C) the respondent has been provided at least 10 days' notice of 03 the hearing and of the alleged stalker's right to appear and be heard, either in 04 person or by an attorney. 05 (c) A protective order is not effective until served upon the respondent. An 06 emergency protective order expires 72 hours after the date the order is issued. A 07 temporary protective order expires 20 days after the date the order is served on the 08 respondent. An extended protective order expires six months after the order is served 09 on the respondent. 10 (d) A parent or guardian may file a petition for a protective order under this 11 section on behalf of a minor. A peace officer may make a written or oral application 12 for an emergency protective order under this section on behalf of, and with the consent 13 of, the stalking victim. 14 (e) Either the petitioner or the respondent may request modification of a 15 protective order. The court may not grant a modification unless notice of the request 16 has been provided to the adverse party and the adverse party has been granted a 17 reasonable opportunity to be heard. A modified order issued under this subsection 18 replaces the protective order it modifies. 19 (f) A protective order issued by a court under this section shall be delivered to 20 the appropriate law enforcement agency for service on the respondent. Service of 21 process shall be as provided in AS 18.66.160 for service of process of domestic 22 violence protective orders. 23 (g) The Alaska Court System shall prepare forms for petitions and protective 24 orders and instructions for their use by a person seeking a protective order under this 25 section. Each protective order form must contain the following warning in boldface 26 type: "Violation of this order may be a misdemeanor, punishable by up to one year of 27 incarceration and up to a $5,000 fine." Filing fees may not be charged for the filing of 28 a petition under this section." 29 (h) In this section, "crime involving domestic violence" has the meaning given 30 in AS 18.66.990. 31 Sec. 18.65.855. Notification to stalking victims. The Department of Public
01 Safety shall develop and make available to law enforcement agencies in the state a 02 notice that details the rights of victims of stalking, that is not a crime involving 03 domestic violence, and the services available to them. The form must be similar to 04 that provided to victims of domestic violence under AS 18.65.520. A peace officer 05 investigating a stalking offense shall provide the form to the victim. In this section, 06 "crime involving domestic violence" has the meaning given in AS 18.66.990. 07 * Sec. 6. AS 18.66.990(3) is amended to read: 08 (3) "domestic violence" and "crime involving domestic violence" mean 09 one or more of the following offenses or an offense under a law or ordinance of 10 another jurisdiction having elements similar to these offenses, or an attempt to commit 11 the offense, by a household member against another household member: 12 (A) a crime against the person under AS 11.41; 13 (B) burglary under AS 11.46.300 - 11.46.310; 14 (C) criminal trespass under AS 11.46.320 - 11.46.330; 15 (D) arson or criminally negligent burning under AS 11.46.400 - 16 11.46.430; 17 (E) criminal mischief under AS 11.46.480 - 11.46.486; 18 (F) terroristic threatening under AS 11.56.810; 19 (G) violating a protective [DOMESTIC VIOLENCE] order or 20 injunction under AS 11.56.740; or 21 (H) harassment under AS 11.61.120(a)(2) - (4); 22 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 INDIRECT COURT RULE AMENDMENTS. AS 18.65.850(f), added by sec. 5 of 25 this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, 26 Alaska Rules of Administration, relating to service of process for protective orders for victims 27 of stalking.