txt

HB 12: "An Act relating to protective orders."

00                              HOUSE BILL NO. 12                                                                          
01 "An Act relating to protective orders."                                                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 18.65.850(e) is amended to read:                                                                   
04            (e)  A court may not deny a petition for a protective order solely because                                   
05                 (1)  there is [OF] a lapse of time between an act of sexual assault and                             
06       the filing of the petition;                                                                                   
07                 (2)  the act of sexual assault was the basis for a previous protective                              
08       order; or                                                                                                     
09                 (3)  a court previously found that the incident was stalking or a                                   
10       sexual assault committed against the petitioner but declined to order relief under                            
11       this section.                                                                                                 
12    * Sec. 2. AS 18.65.850 is amended by adding a new subsection to read:                                              
13 (f)  Within 30 days before, or within 60 days after, the expiration of a                                                
14 protective order issued or extended under this section, a petitioner may petition the                                   
15 court for an extension of the protective order. The court shall schedule a hearing and                                  
01 provide at least 10 days' notice to the respondent of the hearing and of the respondent's                               
02 right to appear and be heard, either in person or through an attorney. If the court finds                               
03 that an extension of the provisions of the order is necessary to protect the petitioner                                 
04 from stalking or sexual assault, regardless of whether the respondent appears at the                                    
05 hearing, the court may extend the provisions of the order. An extension granted under                                   
06       this subsection is effective for six months unless earlier dissolved by court order.                              
07    * Sec. 3. AS 18.66.100(e) is amended to read:                                                                      
08            (e)  A court may not deny a petition for a protective order under this section                               
09       solely because                                                                                                    
10 (1)  there is [OF] a lapse of time between an act of domestic violence                                              
11       and the filing of the petition;                                                                               
12 (2)  the act of domestic violence was the basis for a previous                                                      
13       protective order; or                                                                                          
14 (3)  a court previously found that the incident was a crime of                                                      
15 domestic violence committed against the petitioner but declined to order relief                                     
16       under this section.                                                                                           
17    * Sec. 4. AS 18.66.100 is amended by adding a new subsection to read:                                              
18 (f)  Within 30 days before, or within 60 days after, the expiration of a                                                
19 protective order issued or extended under (b)(2) of this section, a petitioner may                                      
20 petition the court for an extension of the protective order. 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 that an extension of the provisions of the order is necessary to protect                                
24 the petitioner from domestic violence, regardless of whether the respondent appears at                                  
25 the hearing, the court may extend the provisions of the order. An extension granted                                     
26       under this subsection is effective for one year unless earlier dissolved by court order.                          
27    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
28 read:                                                                                                                   
29 APPLICABILITY. AS 18.65.850(e), as amended by sec. 1 of this Act,                                                       
30 AS 18.65.850(f), enacted by sec. 2 of this Act, AS 18.66.100(e), as amended by sec. 3 of this                           
31 Act, and AS 18.66.100(f), enacted by sec. 4 of this Act, apply to protective orders issued                              
01 before, on, or after the effective date of secs. 1 - 4 of this Act.