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HB 8: "An Act relating to protective orders."

00                              HOUSE BILL NO. 8                                                                           
01 "An Act relating to protective orders."                                                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 11.56.740(a) is amended to read:                                                                   
04            (a)  A person commits the crime of violating a protective order if the person is                             
05       subject to a protective order                                                                                     
06 (1)  issued, [OR] filed, or recognized under AS 18.66 and containing a                                          
07 provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to                                       
08 commit an act with reckless disregard that the act violates or would violate a provision                                
09       of the protective order;                                                                                          
10                 (2)  issued or recognized under AS 18.65.850, 18.65.855, [OR]                                       
11       18.65.860, or 18.65.867 and knowingly commits or attempts to commit an act that                               
12       violates or would violate a provision listed in AS 18.65.850(c)(1) - (3); or                                      
13                 (3)  issued under AS 13.26.450 - 13.26.460 and knowingly commits or                                     
14       attempts to commit an act with reckless disregard that the act violates or would violate                          
15       a provision of the protective order.                                                                              
01    * Sec. 2. AS 11.56.740(c) is amended to read:                                                                      
02            (c)  In this section, "protective order" means an order issued, [OR] filed, or                       
03       recognized under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.870, or                                       
04       AS 18.66.100 - 18.66.180.                                                                                         
05    * Sec. 3. AS 12.30.027(b) is amended to read:                                                                      
06 (b)  A judicial officer may not order or permit a person released under (a) of                                          
07 this section to return to the residence or place of employment of the victim or the                                     
08 residence or place of employment of a petitioner who has a protective order directed to                                 
09 the person and issued, [OR] filed, or recognized under AS 18.66.100 - 18.66.180                                 
10       unless                                                                                                            
11                 (1)  20 days have elapsed following the date the person was arrested;                                   
12 (2)  the victim or petitioner consents to the person's return to the                                                    
13       residence or place of employment;                                                                                 
14 (3)  the person does not have a prior conviction for an offense under                                                   
15       AS 11.41 that is a crime involving domestic violence; and                                                         
16 (4)  the court finds by clear and convincing evidence that the return to                                                
17 the residence or place of employment does not pose a danger to the victim or                                            
18       petitioner.                                                                                                       
19    * Sec. 4. AS 12.65.130(a) is amended to read:                                                                      
20            (a)  The state child fatality review team shall                                                              
21 (1)  assist the state medical examiner in determining the cause and                                                     
22       manner of the deaths in this state of children under 18 years of age;                                             
23 (2)  unless the child's death is currently being investigated by a law                                                  
24 enforcement agency, review a report of a death of a child within 48 hours of the report                                 
25       being received by the medical examiner if                                                                         
26                      (A)  the death is of a child under 10 years of age;                                                
27 (B)  the deceased child, a sibling, or a member of the deceased                                                         
28            child's household                                                                                            
29 (i)  is in the legal or physical custody of the state under                                                             
30 AS 47 or under similar custody of another state or political subdivision                                                
31                 of a state; or                                                                                          
01 (ii)  has been the subject of a report of harm under                                                                    
02 AS 47.17 or a child abuse or neglect investigation by the Department of                                                 
03 Health and Social Services or by a similar child protective service in                                                  
04                 this or another state;                                                                                  
05 (C)  a protective order issued, filed, or recognized under                                                          
06 AS 18.66.100, [OR] 18.66.110, or 18.66.140 has been in effect during the                                        
07 previous year in which the petitioner or respondent was a member of the                                                 
08            deceased child's immediate family or household; or                                                           
09 (D)  the child's death occurred in a mental health institution,                                                         
10 mental health treatment facility, foster home, or other residential or child care                                       
11            facility, including a day care facility;                                                                     
12                 (3)  review records concerning                                                                          
13 (A)  abuse or neglect of the deceased child or another child in                                                         
14            the deceased child's household;                                                                              
15 (B)  the criminal history or juvenile delinquency of a person                                                           
16 who may have caused the death of the child and of persons in the deceased                                               
17            child's household; and                                                                                       
18 (C)  a history of domestic violence involving a person who may                                                          
19 have caused the death of the child or involving persons in the deceased child's                                         
20 household, including records in the central registry of protective orders under                                         
21            AS 18.65.540;                                                                                                
22 (4)  if insufficient information exists to adequately determine the cause                                               
23 and manner of death, recommend to the state medical examiner that additional                                            
24       information be obtained under AS 12.65.020; and                                                                   
25 (5)  if a local, regional, or district child fatality review team has not                                               
26 been appointed under AS 12.65.015 or is not available, be available to provide                                          
27 recommendations, suggestions, and advice to state or municipal law enforcement or                                       
28       social service agencies in the investigation of deaths of children.                                               
29    * Sec. 5. AS 18.65 is amended by adding a new section to read:                                                     
30 Sec. 18.65.867. Enforcement and recognition of protective orders issued in                                            
31 other jurisdictions. (a) A protective order issued in another jurisdiction has the same                               
01       effect and must be recognized and enforced in the same manner as a protective order                               
02       issued by a court of this state if the protective order is                                                        
03                 (1)  issued by a court of the United States, a court of another state or                                
04       territory, a United States military tribunal, or a tribal court;                                                  
05                 (2)  related to stalking or sexual assault that is not a crime involving                                
06       domestic violence; and                                                                                            
07                 (3)  entitled to full faith and credit under 18 U.S.C. 2265.                                            
08            (b)  A protective order issued in another jurisdiction that appears authentic on                             
09       its face is presumed valid.                                                                                       
10    * Sec. 6. AS 18.66.140(b) is amended to read:                                                                      
11 (b)  A protective order issued in another jurisdiction [FILED IN                                                    
12 ACCORDANCE WITH (a) OF THIS SECTION] has the same effect and must be                                                    
13 recognized and enforced in the same manner as a protective order issued by a court of                               
14 this state, regardless of whether the protective order issued in another jurisdiction                               
15       is filed as described in (a) of this section, if the protective order is                                      
16 (1)  issued by a court of the United States, a court of another state                                               
17       or territory, a United States military tribunal, or a tribal court;                                           
18                 (2)  related to domestic violence; and                                                              
19                 (3)  entitled to full faith and credit under 18 U.S.C. 2265.                                      
20    * Sec. 7. AS 18.66.140 is amended by adding a new subsection to read:                                              
21 (d)  A protective order issued in another jurisdiction that appears authentic on                                        
22       its face is presumed valid.                                                                                       
23    * Sec. 8. AS 25.24.210(e) is amended to read:                                                                      
24 (e)  If the petition is filed by both spouses under AS 25.24.200(a), the petition                                       
25 must state in detail the terms of the agreement between the spouses concerning the                                      
26 custody of children, child support in terms of periodic payments and in terms of health                                 
27 care expenses, visitation, spousal maintenance and tax consequences, if any, and fair                                   
28 and just division of property, including retirement benefits. A petition filed by both                                  
29 spouses under AS 25.24.200(a) may provide for the ownership or joint ownership of                                       
30 an animal, taking into consideration the well-being of the animal. Agreements on                                        
31 spousal maintenance and property division must fairly allocate the economic effect of                                   
01       dissolution and take into consideration the factors listed in AS 25.24.160(a)(2) and (4).                         
02       In addition, the petition must state                                                                              
03                 (1)  the respective occupations of the petitioners;                                                     
04                 (2)  the income, assets, and liabilities of the respective petitioners at the                           
05       time of filing the petition;                                                                                      
06                 (3)  the date and place of the marriage;                                                                
07                 (4)  the name, date of birth, and current marital, educational, and                                     
08       custodial status of each child born of the marriage or adopted by the petitioners who is                          
09       under the age of 19;                                                                                              
10                 (5)  whether the wife is pregnant;                                                                      
11                 (6)  whether either petitioner requires medical care or treatment;                                      
12 (7)  whether any of the following has been issued or filed during the                                                   
13       marriage by or regarding either spouse as defendant, participant, or respondent:                                  
14                      (A)  a criminal charge of a crime involving domestic violence;                                     
15                      (B)  a protective order under AS 18.66.100 - 18.66.180;                                            
16 (C)  injunctive relief under former AS 25.35.010 or 25.35.020;                                                          
17            or                                                                                                           
18 (D)  a protective order issued in another jurisdiction and                                                              
19            recognized [FILED WITH THE COURT] in this state under AS 18.66.140;                                      
20 (8)  whether either petitioner has received the advice of legal counsel                                                 
21       regarding a divorce or dissolution;                                                                               
22 (9)  other facts and circumstances that the petitioners believe should be                                               
23       considered;                                                                                                       
24 (10)  that the petition constitutes the entire agreement between the                                                    
25       petitioners; and                                                                                                  
26                 (11)  any other relief sought by the petitioners.                                                       
27    * Sec. 9. AS 25.24.220(h) is amended to read:                                                                      
28 (h)  In its examination of a petitioner under (d) of this section, the court shall                                      
29       use a heightened level of scrutiny of agreements if                                                               
30                 (1)  one party is represented by counsel and the other is not;                                          
31 (2)  there is evidence that a party committed a crime involving                                                         
01       domestic violence during the marriage or if any of the following has been issued or                               
02       filed during the marriage by or regarding either spouse as defendant, participant, or                             
03       respondent:                                                                                                       
04                      (A)  a criminal charge of a crime involving domestic violence;                                     
05                      (B)  a protective order under AS 18.66.100 - 18.66.180;                                            
06                      (C)  injunctive relief under former AS 25.35.010 or 25.35.020;                                     
07            or                                                                                                           
08                      (D)  a protective order issued in another jurisdiction and                                         
09            recognized [FILED WITH THE COURT] in this state under AS 18.66.140;                                      
10                 (3)  there is a minor child of the marriage; or                                                         
11                 (4)  there is a patently inequitable division of the marital estate.