SB 54: "An Act relating to notification to victims of sexual assault; relating to protective orders; and relating to arrests for crimes involving sexual assault, violation of protective orders, or violation of conditions of release."
00 SENATE BILL NO. 54 01 "An Act relating to notification to victims of sexual assault; relating to protective 02 orders; and relating to arrests for crimes involving sexual assault, violation of protective 03 orders, or violation of conditions of release." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.65 is amended by adding a new section to read: 06 Sec. 18.65.525. Notification to victims of sexual assault. (a) A peace 07 officer investigating a crime involving sexual assault shall orally and in writing inform 08 the victim of the rights of victims of sexual assault and the services available to them. 09 The notice must be in substantially the following form: 10 If you are the victim of sexual assault and you believe that law 11 enforcement protection is needed for your physical safety, you have the 12 right to request that the officer assist in providing for your safety, 13 including asking for an emergency protective order. 14 If you are in need of medical treatment, you may request that
01 the officer assist you in obtaining medical treatment. 02 You may obtain information about whether the prosecuting 03 attorney will file a criminal complaint about the sexual assault. 04 Additionally, the victim/witness assistance program of the 05 Department of Law may be able to help you. This information is 06 available from the district attorney's office, which is located at 07 ___________. 08 You also have the right to file a petition in court requesting a 09 protective order that may include any of the following provisions: 10 (1) prohibit a perpetrator from threatening to commit or 11 committing further acts of sexual assault; 12 (2) prohibit a perpetrator from stalking, harassing, 13 telephoning, contacting, or otherwise communicating with you, directly 14 or indirectly; 15 (3) remove a perpetrator from your residence; 16 (4) order a perpetrator to stay away from your 17 residence, school, place of employment, or any other specified place 18 frequented by you or another designated household member; 19 (5) prohibit a perpetrator from entering your vehicle or 20 a vehicle you occupy; 21 (6) prohibit a perpetrator from using or possessing a 22 deadly weapon if the court finds a perpetrator was in the actual 23 possession of or used a weapon during the commission of a sexual 24 assault; 25 (7) direct a perpetrator to surrender any firearm owned 26 or possessed by that person if the court finds a perpetrator was in the 27 actual possession of or used a firearm during the commission of a 28 sexual assault; 29 (8) request a peace officer to accompany you to your 30 residence to ensure your safe possession of the residence, vehicle, or 31 other items, or to ensure your safe removal of personal items from the
01 residence; 02 (9) prohibit a perpetrator from consuming controlled 03 substances; 04 (10) require a perpetrator to reimburse you for your 05 expenses caused by the sexual assault, including medical bills, or for 06 your costs in getting a protective order; 07 (11) order a perpetrator to participate in an intervention 08 program for perpetrators; and 09 (12) other relief the court determines to be necessary for 10 your safety. 11 The forms you need to obtain a protective order are available 12 from the nearest court. It is not necessary to have an attorney to obtain 13 a protective order, but you may consult an attorney if you choose. If 14 you would like help obtaining a protective order, you may contact the 15 nearest sexual assault program located at ___________. The program 16 can also tell you about other resources available in this community for 17 information about sexual assault, treatment of injuries, and places of 18 safety and shelter. 19 You may also qualify for compensation from the Violent 20 Crimes Compensation Board. The board may be contacted at 21 ___________. 22 (b) If the victim of sexual assault does not understand English, the peace 23 officer shall make reasonable efforts to inform the victim of the services and rights 24 specified in (a) of this section in a language the victim understands. 25 * Sec. 2. AS 18.65 is amended by adding a new section to read: 26 Sec. 18.65.535. Mandatory arrest for crimes involving sexual assault, 27 violation of protective orders, and violation of conditions of release. A peace 28 officer, with or without a warrant, shall arrest a person if the officer has probable 29 cause to believe the person has, either in or outside the presence of the officer, within 30 the previous 12 hours, 31 (1) committed sexual assault, whether the crime is a felony or a
01 misdemeanor; 02 (2) committed the crime of violating a protective order in violation of 03 AS 11.56.740(a)(1); 04 (3) violated a condition of release imposed under AS 12.30.029. 05 * Sec. 3. AS 18.65.590 is amended to read: 06 Sec. 18.65.590. Definitions [DEFINITION]. In AS 18.65.510 - 18.65.590, 07 (1) "domestic violence" has the meaning given in AS 18.66.990; 08 (2) "sexual assault" has the meaning given in AS 18.66.990. 09 * Sec. 4. AS 18.66.100 is amended to read: 10 Sec. 18.66.100. Protective orders: eligible petitioners; relief. (a) A person 11 who is or has been a victim of a crime involving domestic violence may file a petition 12 in the district or superior court for a protective order against a household member. A 13 person who is or has been a victim of a crime involving sexual assault may file a 14 petition in the district or superior court for a protective order against a 15 perpetrator of the crime. A parent, guardian, or other representative appointed by 16 the court under this section may file a petition for a protective order on behalf of a 17 minor. The court may appoint a guardian ad litem or attorney to represent the minor. 18 Notwithstanding AS 25.24.310 or this section, the office of public advocacy may not 19 be appointed as a guardian ad litem or attorney for a minor in a petition filed under 20 this section unless the petition has been filed on behalf of the minor. 21 (b) When a petition for a protective order is filed, the court shall schedule a 22 hearing and provide at least 10 days' notice to the respondent of the hearing and of the 23 respondent's right to appear and be heard, either in person or by an attorney. If the 24 court finds by a preponderance of evidence that the respondent has committed a crime 25 involving domestic violence or sexual assault against the petitioner, regardless of 26 whether the respondent appears at the hearing, the court may order any relief available 27 under (c) of this section. The provisions of a protective order issued under 28 (1) (c)(1) of this section are effective until further order of the court; 29 (2) (c)(2) - (16) of this section are effective for one year unless earlier 30 dissolved by court order. 31 (c) A protective order under this section may
01 (1) prohibit the respondent from threatening to commit or committing 02 domestic violence, sexual assault, stalking, or harassment; 03 (2) prohibit the respondent from telephoning, contacting, or otherwise 04 communicating directly or indirectly with the petitioner; 05 (3) remove and exclude the respondent from the residence of the 06 petitioner, regardless of ownership of the residence; 07 (4) direct the respondent to stay away from the residence, school, or 08 place of employment of the petitioner or any specified place frequented by the 09 petitioner or any designated household member; 10 (5) prohibit the respondent from entering a propelled vehicle in the 11 possession of or occupied by the petitioner; 12 (6) prohibit the respondent from using or possessing a deadly weapon 13 if the court finds the respondent was in the actual possession of or used a weapon 14 during the commission of domestic violence or sexual assault; 15 (7) direct the respondent to surrender any firearm owned or possessed 16 by the respondent if the court finds that the respondent was in the actual possession of 17 or used a firearm during the commission of the domestic violence or sexual assault; 18 (8) request a peace officer to accompany the petitioner to the 19 petitioner's residence to ensure that the petitioner 20 (A) safely obtains possession of the petitioner's residence, 21 vehicle, or personal items; and 22 (B) is able to safely remove a vehicle or personal items from 23 the petitioner's residence; 24 (9) award temporary custody of a minor child to the petitioner and may 25 arrange for visitation with a minor child if the safety of the child and the petitioner can 26 be protected; if visitation is allowed, the court may order visitation under the 27 conditions provided in AS 25.20.061; 28 (10) give the petitioner possession and use of a vehicle and other 29 essential personal items, regardless of ownership of the items; 30 (11) prohibit the respondent from consuming controlled substances; 31 (12) require the respondent to pay support for the petitioner or a minor
01 child in the care of the petitioner if there is an independent legal obligation of the 02 respondent to support the petitioner or child; 03 (13) require the respondent to reimburse the petitioner or other person 04 for expenses associated with the domestic violence or sexual assault, including 05 medical expenses, counseling, shelter, and repair or replacement of damaged property; 06 (14) require the respondent to pay costs and fees incurred by the 07 petitioner in bringing the action under this chapter; 08 (15) order the respondent, at the respondent's expense, to participate in 09 (A) a program for the rehabilitation of perpetrators of domestic violence that meets the 10 standards set by, and that is approved by, the Department of Corrections under 11 AS 44.28.020(b), or (B) treatment for the abuse of alcohol or controlled substances, or 12 both; a protective order under this section may not require a respondent to participate 13 in a program for the rehabilitation of perpetrators of domestic violence unless the 14 program meets the standards set by, and that is approved by, the Department of 15 Corrections under AS 44.28.020(b); 16 (16) order other relief the court determines necessary to protect the 17 petitioner or any household member. 18 (d) If the court issues a protective order under this section, it shall 19 (1) make reasonable efforts to ensure that the order is understood by 20 the petitioner and by the respondent, if present; and 21 (2) have the order delivered to the appropriate local law enforcement 22 agency for expedited service and, in cases involving domestic violence, for entry into 23 the central registry of protective orders under AS 18.65.540. 24 (e) A court may not deny a petition for a protective order under this section 25 solely because of a lapse of time between an act of domestic violence or sexual 26 assault and the filing of the petition. 27 * Sec. 5. AS 18.66.110(a) is amended to read: 28 (a) A person who is a victim of a crime involving domestic violence or sexual 29 assault may file a petition under AS 18.66.100(a) and request an ex parte protective 30 order. If the court finds that the petition establishes probable cause that a crime 31 involving domestic violence or sexual assault has occurred and that [,] it is
01 necessary to protect the petitioner from domestic violence or sexual assault, and if the 02 petitioner has certified to the court in writing the efforts, if any, that have been made 03 to provide notice to the respondent, the court shall ex parte and without notice to the 04 respondent issue a protective order. An ex parte protective order may grant the 05 protection provided by AS 18.66.100(c)(1) - (5), (8) - (12), and (16). An ex parte 06 protective order expires 20 days after it is issued unless dissolved earlier by the court 07 at the request of either the petitioner or the respondent and after notice and, if 08 requested, a hearing. If a court issues an ex parte protective order, the court shall have 09 the order delivered to the appropriate local law enforcement agency for expedited 10 service and, in cases involving domestic violence, for entry into the central registry of 11 protective orders under AS 18.65.540. 12 * Sec. 6. AS 18.66.150(b) is amended to read: 13 (b) In addition to other information required, a petition for a protective order 14 must include a statement of pending civil actions or domestic violence or sexual 15 assault criminal actions involving either the petitioner or the respondent. While a 16 protective order is in effect or a petition for protective order is pending, both the 17 petitioner and respondent have a continuing duty to inform the court of pending civil 18 actions or domestic violence or sexual assault criminal actions involving either the 19 petitioner or the respondent.