CSSB 54(JUD): "An Act relating to protective orders for crimes involving sexual assault or 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(JUD) 01 "An Act relating to protective orders for crimes involving sexual assault or 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) and knowingly commits or attempts to commit an act with 11 reckless disregard that the act violates or would violate a provision of the protective 12 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(a) is amended to read: 14 (a) A person who reasonably believes that the person is a victim of stalking or 15 sexual assault that is not a crime involving domestic violence may file a petition in 16 the district or superior court for a [STALKING] protective order against a respondent 17 who is alleged to have committed the stalking or sexual assault. A parent or guardian 18 may file a petition on behalf of a minor. 19 * Sec. 4. AS 18.65.850(b) is amended to read: 20 (b) When a petition for a protective order is filed, the court shall schedule a 21 hearing and provide at least 10 days' notice to the respondent of the hearing and of the 22 respondent's right to appear and be heard, either in person or through an attorney. If 23 the court finds by a preponderance of evidence that the respondent has committed 24 stalking or sexual assault against the petitioner, regardless of whether the respondent 25 appears at the hearing, the court may order any relief available under (c) of this 26 section. The provisions of a protective order issued under this section are effective for 27 six months unless earlier dissolved by the court. 28 * Sec. 5. AS 18.65.850(c) is amended to read: 29 (c) A protective order issued under this section may 30 (1) prohibit the respondent from threatening to commit or committing 31 stalking or sexual assault;
01 (2) prohibit the respondent from telephoning, contacting, or otherwise 02 communicating directly or indirectly with the petitioner or a designated household 03 member of the petitioner specifically named by the court; 04 (3) direct the respondent to stay away from the residence, school, or 05 place of employment of the petitioner, or any specified place frequented by the 06 petitioner; however, the court may order the respondent to stay away from the 07 respondent's own residence, school, or place of employment only if the respondent has 08 been provided actual notice of the opportunity to appear and be heard on the petition; 09 (4) for a protective order for sexual assault, require the respondent 10 to reimburse the petitioner or other person for expenses incurred as a result of 11 the sexual assault, including medical and counseling expenses; 12 (5) order other relief the court determines to be necessary to 13 protect the petitioner or the designated household member. 14 * Sec. 6. AS 18.65.850 is amended by adding a new subsection to read: 15 (e) A court may not deny a petition for a protective order solely because of a 16 lapse of time between an act of sexual assault and the filing of the petition. 17 * Sec. 7. AS 18.65.855 is amended to read: 18 Sec. 18.65.855. Ex parte and emergency protective orders for stalking and 19 sexual assault. (a) A person who reasonably believes that the person is a victim of 20 stalking or sexual assault that is not a crime involving domestic violence may file a 21 petition under AS 18.65.850 and request an ex parte protective order. If the court 22 finds that the petition establishes probable cause that the crime of stalking or sexual 23 assault has occurred, that it is necessary to protect the petitioner from further stalking 24 or sexual assault, and that the petitioner has certified to the court in writing the 25 efforts, if any, that have been made to provide notice to the respondent, the court shall 26 ex parte and without notice to the respondent issue a protective order. An ex parte 27 protective order under this section may grant the protection allowed by 28 AS 18.65.850(c). An ex parte protective order expires 20 days after it is issued unless 29 dissolved earlier by the court at the request of either the petitioner or the respondent 30 after notice and, if requested, a hearing. If the court issues an ex parte protective 31 order, the court shall have the order delivered to the appropriate law enforcement
01 agency for expedited service. 02 (b) A peace officer, on behalf of and with the consent of a victim of stalking 03 or sexual assault that is not a crime involving domestic violence, may request an 04 emergency protective order from a judicial officer. The request may be made orally or 05 in writing based on the sworn statement of a peace officer, and in person or by 06 telephone. If the court finds probable cause to believe that the petitioner is in 07 immediate danger of stalking or sexual assault based on an allegation of the recent 08 commission of stalking or sexual assault, the court ex parte shall issue an emergency 09 protective order. An emergency protective order may grant the protection allowed by 10 AS 18.65.850(c). An emergency protective order expires 72 hours after it is issued 11 unless dissolved earlier by the court at the request of the petitioner. A peace officer 12 who obtains an emergency protective order under this section shall 13 (1) place the provisions of an oral order in writing on a form provided 14 by the court and file the written order with the issuing court by the end of the judicial 15 day after the order is issued; 16 (2) provide a copy of the order to the petitioner; [AND] 17 (3) serve a copy of the order on the respondent; and 18 (4) enter the protective order in the central registry of protective 19 orders as required under AS 18.65.540. 20 * Sec. 8. AS 18.65.865(c) is amended to read: 21 (c) The Department of Public Safety shall develop and make available to law 22 enforcement agencies in the state a notice that details the rights of victims of stalking 23 and sexual assault and the services available to them. The form must be similar to 24 that provided to victims of domestic violence under AS 18.65.520. A peace officer 25 investigating a stalking or sexual assault offense shall provide the form to the victim. 26 * Sec. 9. AS 18.65.865 is amended by adding a new subsection to read: 27 (d) In addition to other information required, a petition for a protective order 28 must include a statement of pending civil and criminal actions involving either the 29 petitioner or the respondent, if known. While a protective order is in effect or a 30 petition for a protective order is pending, both the petitioner and respondent have a 31 continuing duty to inform the court of pending civil and criminal actions involving
01 either the petitioner or the respondent, if known. 02 * Sec. 10. AS 18.65.870 is amended by adding a new paragraph to read: 03 (4) "sexual assault" has the meaning given in AS 18.66.990. 04 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 INDIRECT COURT RULE AMENDMENT. The provisions of secs. 3 - 7 of this Act 07 have the effect of changing Rule 65, Alaska Rules of Civil Procedure, by changing the 08 method for obtaining, and the timing of, temporary restraining orders. 09 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the title 12 of Article 11 of AS 18.65 from "Stalking Protective Orders and Notifications to Stalking 13 Victims" to "Stalking and Sexual Assault Protective Orders and Notifications to Stalking and 14 Sexual Assault Victims," to change the catch line of AS 18.65.850 from "Protective orders for 15 stalking" to "Protective order for stalking and sexual assault," and to change the catch line of 16 AS 18.65.860 from "Modification of protective orders for stalking" to "Modification of 17 protective orders for stalking and sexual assault."