00                       CS FOR SENATE BILL NO. 308(JUD)                                                                   
01 "An Act relating to warnings on domestic violence and stalking forms; and increasing                                    
02 the duration of certain provisions of domestic violence protective orders from six                                      
03 months to up to one year."                                                                                              
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 18.65.865(b) is amended to read:                                                                  
06            (b)  The Alaska Court System shall prepare forms for petitions and protective                                
07       orders and instructions for their use by a person seeking a protective order under                                
08       AS 18.65.850 - 18.65.860.  The forms must conform to the Alaska Rules of Civil                                    
09       Procedure, except that information on the forms may be filled in by legible                                       
10       handwriting.  Filing fees may not be charged in any action seeking only the relief                                
11       provided in AS 18.65.850 - 18.65.870.  Each protective order form must contain the                                
12       following warning in boldface type: "Violation of this order may be a misdemeanor,                                
13       punishable by up to one year of incarceration and a fine of up to $5,000."  Forms and                         
14       instructions for petitions and requests to modify petitions must contain a                                    
01       conspicuous warning that the petitions and requests are submitted under oath                                  
02       under penalty of perjury and that a person making a false statement may be                                    
03       prosecuted for perjury and, if found guilty, may be punished for violation of a                               
04       felony.                                                                                                       
05    * Sec. 2.  AS 18.66.100(b) is amended to read:                                                                     
06            (b)  When a petition for a protective order is filed, the court shall schedule a                             
07       hearing and provide at least 10 days' notice to the respondent of the hearing and of the                          
08       respondent's right to appear and be heard, either in person or by an attorney.  If the                            
09       court finds by a preponderance of evidence that the respondent has committed a crime                              
10       involving domestic violence against the petitioner, regardless of whether the                                     
11       respondent appears at the hearing, the court may order any relief available under (c) of                          
12       this section.  The provisions of a protective order issued under                                                  
13                 (1)  (c)(1) of this section are effective until further order of the court;                             
14                 (2)  (c)(2) - (16) of this section are effective for a minimum of six                               
15       months or up to one year unless earlier dissolved by court order.                                             
16    * Sec. 3.  AS 18.66.150 is amended by adding a new subsection to read:                                             
17            (e)  Forms and instructions for petitions and requests to modify petitions must                              
18       contain a conspicuous warning that the petitions and requests are submitted under oath                            
19       under penalty of perjury and that a person making a false statement may be prosecuted                             
20       for perjury and, if found guilty, may be punished for violation of a felony.