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CSHB 12(STA): "An Act relating to protective orders."

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