CSSB 54(STA): "An Act relating to protective orders for crimes involving sexual assault and stalking, to notifications to victims of sexual assault, and to mandatory arrest for crimes involving violation of protective orders and violation of conditions of release; and amending Rule 65, Alaska Rules of Civil Procedure."
00 CS FOR SENATE BILL NO. 54(STA) 01 "An Act relating to protective orders for crimes involving sexual assault and stalking, to 02 notifications to victims of sexual assault, and to mandatory arrest for crimes involving 03 violation of protective orders and violation of conditions of release; and amending Rule 04 65, Alaska Rules of Civil Procedure." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.56.740(a) is amended to read: 07 (a) A person commits the crime of violating a protective order if the person is 08 subject to a protective order 09 (1) issued or filed under AS 18.66 and containing a provision listed in 10 AS 18.66.100(c)(1) - (7) or 18.66.105(c)(1) - (3) and knowingly commits or attempts 11 to commit an act with reckless disregard that the act violates or would violate a 12 provision of the protective order; or 13 (2) issued under AS 18.65.850, 18.65.855, or 18.65.860 and knowingly 14 commits or attempts to commit an act that violates or would violate a provision
01 listed in AS 18.65.850(c)(1) - (3) [IN VIOLATION OF THE ORDER]. 02 * Sec. 2. AS 18.65.530(a) is amended to read: 03 (a) Except as provided in (b) or (c) of this section, a peace officer, with or 04 without a warrant, shall arrest a person if the officer has probable cause to believe the 05 person has, either in or outside the presence of the officer, within the previous 12 06 hours, 07 (1) committed domestic violence, except an offense under 08 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 09 (2) committed the crime of violating a protective order in violation of 10 AS 11.56.740 [AS 11.56.740(a)(1)]; 11 (3) violated a condition of release imposed under AS 12.30.025, 12 12.30.027, or 12.30.029 [AS 12.30.027]. 13 * Sec. 3. AS 18.65.850(c) is amended to read: 14 (c) A protective order issued under this section may 15 (1) prohibit the respondent from threatening to commit or committing 16 stalking; 17 (2) prohibit the respondent from telephoning, contacting, or otherwise 18 communicating directly or indirectly with the petitioner or a designated household 19 member of the petitioner specifically named by the court; 20 (3) direct the respondent to stay away from the residence, school, or 21 place of employment of the petitioner, or any specified place frequented by the 22 petitioner; however, the court may order the respondent to stay away from the 23 respondent's own residence, school, or place of employment only if the respondent has 24 been provided actual notice of the opportunity to appear and be heard on the petition; 25 (4) order other relief the court determines to be necessary to 26 protect the petitioner or the designated household member. 27 * Sec. 4. AS 18.66 is amended by adding a new section to read: 28 Sec. 18.66.105. Protective orders for sexual assault. (a) A person who is or 29 has been a victim of a crime involving sexual assault that is not a crime involving 30 domestic violence may file a petition in the district or superior court for a sexual 31 assault protective order against a respondent who is alleged to have committed the
01 sexual assault. A parent or guardian may file a petition on behalf of a minor. 02 (b) When a petition for a protective order is filed, the court shall schedule a 03 hearing and provide at least 10 days' notice to the respondent of the hearing and of the 04 respondent's right to appear and be heard, either in person or through an attorney. If 05 the court finds by a preponderance of evidence that the respondent has committed 06 sexual assault against the petitioner, regardless of whether the respondent appears at 07 the hearing, the court may order any relief available under (c) of this section. The 08 provisions of a protective order issued under this section are effective for six months 09 unless earlier dissolved by the court. 10 (c) A protective order issued under this section may 11 (1) prohibit the respondent from threatening to commit or committing 12 a crime against the petitioner or a designated household member of the petitioner who 13 is specifically named in the order; 14 (2) prohibit the respondent from telephoning, contacting, or otherwise 15 communicating directly or indirectly with the petitioner or a designated household 16 member of the petitioner specifically named by the court; 17 (3) direct the respondent to stay away from the residence, school, or 18 place of employment of the petitioner, or any specified place frequented by the 19 petitioner; however, the court may order the respondent to stay away from the 20 respondent's own residence, school, or place of employment only if the respondent has 21 been provided actual notice of the opportunity to appear and be heard on the petition; 22 (4) require the respondent to reimburse the petitioner or other person 23 for expenses incurred as a result of the sexual assault, including medical and 24 counseling expenses; 25 (5) order other relief the court determines to be necessary to protect the 26 petitioner or the designated household member. 27 (d) If the court issues a protective order under this section, the court shall 28 (1) make reasonable efforts to ensure that the order is understood by 29 the petitioner and by the respondent, if present; and 30 (2) have the order delivered to the appropriate local law enforcement 31 agency for expedited service.
01 (e) A court may not deny a petition for a protective order solely because of a 02 lapse of time between an act of sexual assault and the filing of the petition. 03 * Sec. 5. AS 18.66 is amended by adding a new section to read: 04 Sec. 18.66.115. Ex parte and emergency protective orders for sexual 05 assault. (a) A person who is or has been a victim of a crime involving sexual assault 06 that is not a crime involving domestic violence may file a petition under AS 18.66.105 07 and request an ex parte protective order. If the court finds that the petition establishes 08 probable cause that the crime of sexual assault has occurred, that it is necessary to 09 protect the petitioner from further sexual assault, and that the petitioner has certified to 10 the court in writing the efforts, if any, that have been made to provide notice to the 11 respondent, the court shall ex parte and without notice to the respondent issue a 12 protective order. A court may not deny a petition for an ex parte protective order filed 13 under this section solely because of a lapse of the time between an act of sexual 14 assault and the filing of the petition. An ex parte protective order under this section 15 may grant the protection allowed by AS 18.66.105(c). An ex parte protective order 16 expires 20 days after it is issued unless dissolved earlier by the court at the request of 17 either the petitioner or the respondent after notice and, if requested, a hearing. If the 18 court issues an ex parte protective order, the court shall have the order delivered to the 19 appropriate law enforcement agency for expedited service. 20 (b) A peace officer, on behalf of and with the consent of a victim of sexual 21 assault that is not a crime involving domestic violence, may request an emergency 22 protective order from a judicial officer. The request may be made orally or in writing 23 based on the sworn statement of a peace officer, and in person or by telephone. If the 24 court finds probable cause to believe that the petitioner is in immediate danger of 25 sexual assault based on an allegation of the recent commission of sexual assault, the 26 court ex parte shall issue an emergency protective order. An emergency protective 27 order may grant the protection allowed by AS 18.66.105(c). An emergency protective 28 order expires 72 hours after it is issued unless dissolved earlier by the court at the 29 request of the petitioner. A peace officer who obtains an emergency protective order 30 under this section shall 31 (1) place the provisions of an oral order in writing on a form provided
01 by the court and file the written order with the issuing court by the end of the judicial 02 day after the order is issued; 03 (2) provide a copy of the order to the petitioner; 04 (3) serve a copy of the order on the respondent; and 05 (4) enter the protective order in the central registry of protective orders 06 as required under AS 18.65.540. 07 * Sec. 6. AS 18.66.120 is amended to read: 08 Sec. 18.66.120. Modification of protective orders. (a) Either the petitioner 09 or the respondent may request modification of a protective order. If a request is made 10 for modification of 11 (1) an ex parte protective order under AS 18.66.110(a) or 12 18.66.115(a), the court shall schedule a hearing on three days' notice or on shorter 13 notice as the court may prescribe; the court shall hear and rule on the request in an 14 expeditious manner; or 15 (2) a protective order after notice and hearing under AS 18.66.100(b) 16 or 18.66.105(b), the court shall schedule a hearing within 20 days after the date the 17 request is made, except that if the court finds that the request is meritless on its face, 18 the court may deny the request without further hearing. 19 * Sec. 7. AS 18.66.150(b) is amended to read: 20 (b) In addition to other information required, a petition for a protective order 21 must include a statement of pending civil [ACTIONS] or [DOMESTIC VIOLENCE] 22 criminal actions involving either the petitioner or the respondent. While a protective 23 order is in effect or a petition for protective order is pending, both the petitioner and 24 respondent have a continuing duty to inform the court of pending civil [ACTIONS] or 25 [DOMESTIC VIOLENCE] criminal actions involving either the petitioner or the 26 respondent. 27 * Sec. 8. AS 18.66.160 is amended by adding a new subsection to read: 28 (d) The Department of Public Safety shall develop and make available to law 29 enforcement agencies in the state a notice that details the rights of victims of sexual 30 assault and the services available to them. The form must be similar to that provided 31 to victims of domestic violence under AS 18.65.520. A peace officer investigating a
01 sexual assault offense shall provide the form to the victim. 02 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 INDIRECT COURT RULE AMENDMENT. The provisions of secs. 4 and 5 of this 05 Act have the effect of changing Rule 65, Alaska Rules of Civil Procedure, by changing the 06 method for obtaining, and the timing of, temporary restraining orders.