SCS CSHB 314(JUD): "An Act relating to domestic violence and to crime victims and witnesses; amending Rules 3, 4, 65, and 100, Alaska Rules of Civil Procedure, Rules 505 and 613, Alaska Rules of Evidence, and Rule 9, Alaska Rules of Administration; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 314(JUD) 01 "An Act relating to domestic violence and to crime victims and witnesses; 02 amending Rules 3, 4, 65, and 100, Alaska Rules of Civil Procedure, Rules 505 03 and 613, Alaska Rules of Evidence, and Rule 9, Alaska Rules of Administration; 04 and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. SHORT TITLE. This Act shall be known as the Domestic Violence 07 Prevention and Victim Protection Act of 1996. 08 * Sec. 2. AS 09.60.070(c) is amended to read: 09 (c) In this section, "serious criminal offense" means the following offenses: 10 (1) murder in any degree; 11 (2) manslaughter; 12 (3) criminally negligent homicide; 13 (4) assault in any degree; 14 (5) kidnapping;
01 (6) sexual assault in any degree; 02 (7) sexual abuse of a minor in any degree; 03 (8) robbery in any degree; 04 (9) coercion; 05 (10) extortion; 06 (11) arson in any degree; 07 (12) burglary in any degree; 08 (13) criminal mischief in the first, second, or third degree; 09 (14) driving while intoxicated or another crime resulting from the 10 operation of a motor vehicle, boat, or airplane when the offender is intoxicated; 11 (15) a crime involving domestic violence, as defined in 12 AS 18.66.990. 13 * Sec. 3. AS 11.41.260(a) is amended to read: 14 (a) A person commits the crime of stalking in the first degree if the person 15 violates AS 11.41.270 and 16 (1) the actions constituting the offense are in violation of an order 17 issued or filed under AS 18.66.100 - 18.66.180 or issued under former 18 AS 25.35.010(b) or 25.35.020; 19 (2) the actions constituting the offense are in violation of a condition 20 of probation, release before trial, release after conviction, or parole; 21 (3) the victim is under 16 years of age; 22 (4) at any time during the course of conduct constituting the offense 23 the defendant possessed a deadly weapon; 24 (5) the defendant has been previously convicted of a crime under this 25 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 26 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 27 AS 11.56.740; or 28 (6) the defendant has been previously convicted of a crime, or an 29 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 30 11.41.300 - 11.41.460, AS 11.56.810, AS 11.61.120, or (B) a law or an ordinance of 31 this or another jurisdiction with elements similar to a crime, or an attempt or
01 solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, 02 AS 11.56.810, or AS 11.61.120, involving the same victim as the present offense. 03 * Sec. 4. AS 11.46.350(a) is amended to read: 04 (a) As used in AS 11.46.300 - 11.46.350, unless the context requires otherwise, 05 "enter or remain unlawfully" means to 06 (1) enter or remain in or upon premises or in a propelled vehicle when 07 the premises or propelled vehicle, at the time of the entry or remaining, is not open 08 to the public and when the defendant is not otherwise privileged to do so; 09 (2) fail to leave premises or a propelled vehicle that is open to the 10 public after being lawfully directed to do so personally by the person in charge; or 11 (3) enter or remain upon premises or in a propelled vehicle in violation 12 of a provision in an order issued or filed under AS 18.66.100 - 18.66.180 or issued 13 under former AS 25.35.010(b) or 25.35.020. 14 * Sec. 5. AS 11.56.740(a) is amended to read: 15 (a) A person commits the crime of violating a 16 (1) protective order if the person is subject to a protective order 17 containing a provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits 18 or attempts to commit an act in violation of that provision; 19 (2) domestic violence restraining order if [(1)] the person knowingly 20 violates a provision of an order issued before July 1, 1996, under AS 25.35.010(b) or 21 25.35.020 22 (A) restraining the person from communicating directly or 23 indirectly with another; and 24 (B) [(2)] at the time the restraining order was issued, the court 25 made a finding that the person had subjected another to domestic violence. 26 * Sec. 6. AS 11.56.740 is amended by adding new subsections to read: 27 (c) It is not a defense to a prosecution under (a) of this section that the person 28 who obtained the order initiated the contact or invited the defendant into the residence 29 of that person, regardless of ownership of the residence, or into a propelled vehicle in 30 the possession of or occupied by that person. 31 (d) In this section, "protective order" means an order issued or filed under
01 AS 18.66.100 - 18.66.180. 02 * Sec. 7. AS 11.61.200(a)(8) is amended to read: 03 (8) violates AS 11.46.320 or 11.46.330 by entering or remaining 04 unlawfully on premises or in a propelled vehicle in violation of a provision of an order 05 issued or filed under AS 18.66.100 - 18.66.180 or issued under former 06 AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the person a 07 defensive weapon or a deadly weapon, other than an ordinary pocketknife; 08 * Sec. 8. AS 12.25.030(b) is repealed and reenacted to read: 09 (b) In addition to the authority granted by (a) of this section, a peace officer 10 (1) shall make an arrest under the circumstances described in 11 AS 18.65.530; 12 (2) without a warrant may arrest a person if the officer has probable 13 cause to believe the person has, either in or outside the presence of the officer 14 (A) committed a crime involving domestic violence, whether the 15 crime is a felony or a misdemeanor; in this subparagraph, "crime involving 16 domestic violence" has the meaning given in AS 18.66.990; 17 (B) committed the crime of violating a protective order in 18 violation of AS 11.56.740; or 19 (C) violated a condition of release imposed under AS 12.30.025 20 or 12.30.027; 21 (3) without a warrant may arrest a person when the peace officer has 22 reasonable cause for believing that the person has 23 (A) committed a crime under or violated conditions imposed as 24 part of the person's release before trial on misdemeanor charges brought under 25 (i) AS 04.16.050 or an ordinance with similar elements; 26 or 27 (ii) AS 11.41.270; 28 (B) violated AS 04.16.050; however, unless there is a lawful 29 reason for further detention, a person who is under the age of 18 and who has 30 been arrested for violating AS 04.16.050 shall be cited for the offense and 31 released to the person's parent, guardian, or legal custodian; or
01 (C) violated conditions imposed as part of the person's release 02 before trial on felony charges brought under AS 11.41.410 - 11.41.455. 03 * Sec. 9. AS 12.25.180(a) is amended to read: 04 (a) When a person is stopped or contacted by a peace officer for the 05 commission of a misdemeanor or the violation of a municipal ordinance, the person 06 may, in the discretion of the contacting peace officer, be issued a citation instead of 07 being taken before a judge or magistrate under AS 12.25.150, unless 08 (1) the person does not furnish satisfactory evidence of identity; 09 (2) the contacting officer has reasonable and probable cause to believe 10 the person is a danger to self or others; 11 (3) the crime for which the person is contacted is one involving 12 violence or harm to another person or to property; [OR] 13 (4) the person asks to be taken before a judge or magistrate under 14 AS 12.25.150; or 15 (5) the peace officer has probable cause to believe the person 16 committed a crime involving domestic violence; in this paragraph, "crime 17 involving domestic violence" has the meaning given in AS 18.66.990. 18 * Sec. 10. AS 12.30.025 is repealed and reenacted to read: 19 Sec. 12.30.025. RELEASE BEFORE TRIAL IN CASES INVOLVING 20 STALKING. (a) In determining the conditions of release under AS 12.30.020 in 21 cases involving stalking but not domestic violence, the court shall consider the 22 following conditions and impose one or more conditions it considers reasonably 23 necessary to protect the alleged victim of the stalking, including ordering the defendant 24 (1) not to subject the victim to further stalking; 25 (2) not to contact the victim other than through counsel; 26 (3) to engage in counseling; if the court directs the defendant to engage 27 in personal counseling, the court shall provide in the order that the counseling must 28 propose alternatives to aggression if that type of counseling is available; 29 (4) to refrain from the consumption of alcohol or the use of drugs. 30 (b) As used in this section, 31 (1) "domestic violence" has the meaning given in AS 18.66.990;
01 (2) "stalking" means a violation of AS 11.41.260 or 11.41.270. 02 * Sec. 11. AS 12.30 is amended by adding a new section to read: 03 Sec. 12.30.027. RELEASE IN DOMESTIC VIOLENCE CASES. (a) Before 04 ordering release before or after trial, or pending appeal, of a person charged with or 05 convicted of a crime involving domestic violence, the court shall consider the safety 06 of the alleged victim or other household member. To protect the alleged victim, 07 household member, and the public and to reasonably assure the person's appearance, 08 the court may impose bail and any of the conditions authorized under AS 12.30.020, 09 any of the provisions of AS 18.66.100(c)(1) - (7) and (11), and any other condition 10 necessary to protect the alleged victim, household member, and the public, and to 11 ensure the appearance of the person in court, including ordering the person to refrain 12 from the consumption of alcohol. 13 (b) A court may not order or permit a person released under (a) of this section 14 to return to the residence of the alleged victim or the residence of a petitioner who has 15 a protective order directed to the person and issued or filed under AS 18.66.100 - 16 18.66.180. 17 (c) If the court imposes conditions of release under (a) of this section, it shall 18 (1) issue a written order specifying the conditions of release; 19 (2) provide a copy of the order to the person arrested or charged; and 20 (3) immediately distribute a copy of the order to the law enforcement 21 agency that arrested the person. 22 (d) When a person is released from custody under (a) of this section, 23 (1) from a correctional facility, the correctional facility shall notify the 24 prosecuting authority and the prosecuting authority shall make reasonable efforts to 25 immediately notify the alleged victim of the release, and to furnish the alleged victim 26 with a copy of the order setting any conditions of release; 27 (2) from other than a correctional facility, the arresting authority shall 28 make reasonable efforts to immediately notify the alleged victim of the release, and 29 to furnish the alleged victim with a copy of the order setting any conditions of release. 30 (e) A person arrested for a crime involving domestic violence may not be 31 released from custody until the person has appeared in person before a judicial officer
01 or telephonically for arraignment. 02 (f) A person may not bring a civil action for damages for a failure to comply 03 with the provisions of this section. 04 (g) In this section, "crime involving domestic violence" has the meaning given 05 in AS 18.66.990. 06 * Sec. 12. AS 12.55.015 is amended by adding a new subsection to read: 07 (g) Notwithstanding (a) of this section, the court shall order the forfeiture to 08 the commissioner of public safety or a municipal law enforcement agency of a deadly 09 weapon that was in the actual possession of or used by the defendant during the 10 commission of a crime involving domestic violence. 11 * Sec. 13. AS 12.55 is amended by adding a new section to read: 12 Sec. 12.55.101. ADDITIONAL CONDITIONS OF PROBATION FOR 13 DOMESTIC VIOLENCE CRIMES. (a) Before granting probation to a person 14 convicted of a crime involving domestic violence, the court shall consider the safety 15 and protection of the victim and any member of the victim's family. If a person 16 convicted of a crime involving domestic violence is placed on probation, the court may 17 order the conditions authorized in AS 12.55.100 and AS 18.66.100(c)(1) - (7) and (11), 18 and may 19 (1) require the defendant to participate in and complete to the 20 satisfaction of the court one or more programs for the rehabilitation of perpetrators 21 of domestic violence that meet the standards set by the Department of Corrections 22 under AS 44.28.020(b), if the program is available in the community where the 23 defendant resides; 24 (2) require the defendant to refrain from the consumption of alcohol; 25 and 26 (3) impose any other condition necessary to protect the victim and any 27 members of the victim's family, or to rehabilitate the defendant. 28 (b) If the defendant is not in custody, the defendant shall pay the costs of an 29 evaluation or a program of rehabilitation ordered under (a)(1) - (3) of this section. If 30 the defendant is in custody, the responsibility for costs shall be as provided in 31 AS 33.30.028.
01 * Sec. 14. AS 12.55.135(c) is amended to read: 02 (c) A defendant convicted of assault in the fourth degree committed in 03 violation of the provisions of an order issued or filed under AS 18.66.100 - 18.66.180 04 or issued under former AS 25.35.010 or 25.35.020 shall be sentenced to a minimum 05 term of imprisonment of 20 days. 06 * Sec. 15. AS 12.55.185(3) is repealed and reenacted to read: 07 (3) "domestic violence" has the meaning given in AS 18.66.990; 08 * Sec. 16. AS 12.61.015(a) is amended to read: 09 (a) If a victim of a felony or a crime involving domestic violence 10 [ASSAULT] requests, the prosecuting attorney shall make a reasonable effort to 11 (1) confer with the person against whom the offense has been 12 perpetrated about that person's testimony before the defendant's trial; 13 (2) in a manner reasonably calculated to give prompt actual notice, 14 notify the victim 15 (A) of the defendant's conviction and the crimes of which the 16 defendant was convicted; 17 (B) of the victim's right in a case that is a felony to make a 18 written or oral statement for use in preparation of the defendant's presentence 19 report, and of the victim's right to appear personally at the defendant's 20 sentencing hearing to present a written statement and to give sworn testimony 21 or an unsworn oral presentation; 22 (C) of the address and telephone number of the office that will 23 prepare the presentence report; and 24 (D) of the time and place of the sentencing proceeding; 25 (3) notify the victim in writing of the final disposition of the case 26 within 30 days after final disposition of the case; 27 (4) confer with the victim of a crime involving domestic violence 28 concerning a proposed plea agreement before entering into an agreement. 29 * Sec. 17. AS 12.61.120(b) is amended to read: 30 (b) If the defendant is proceeding without counsel in a case involving a 31 charged violation of AS 11.41, AS 11.46.300 - 11.46.330, AS 11.56.740, 11.56.810,
01 AS 11.61.190 - 11.61.210, or a crime involving domestic violence, [AS 11.56.810, 02 OR 11.61.190 - 11.61.210] and the court finds that the defendant may pose a 03 continuing threat to the victim of or witness to the offense charged, the court shall 04 protect the address and telephone number of the victim or witness by providing the 05 information only to a person specified by the court or by imposing other restrictions 06 that the court considers necessary. When an address or telephone number is released 07 to a person specified by the court under this subsection, that person, who shall be 08 ordered not to disclose the information to the defendant, shall contact the victim or 09 witness on behalf of the defendant, and the defendant shall meet or speak with the 10 victim or witness only in the presence of that person. 11 * Sec. 18. AS 12.61.120(c) is amended to read: 12 (c) If a defendant or a person acting on behalf of a defendant 13 [REPRESENTING THE DEFENDANT, INCLUDING THE DEFENDANT'S 14 ATTORNEY OR A PERSON SPECIFIED BY THE COURT UNDER (b) OF THIS 15 SECTION,] contacts the victim of an offense with which the defendant is or could be 16 charged, the person shall clearly inform the victim 17 (1) of the person's identity and specific association with the defendant; 18 (2) that the victim does not have to talk to the person unless the victim 19 wishes; and 20 (3) that the victim may have a prosecuting attorney or other person 21 present during an interview. 22 * Sec. 19. AS 12.61.120 is amended by adding new subsections to read: 23 (d) If a defendant or a person acting on behalf of a defendant wishes to make 24 a recording of statements of the victim of an offense with which the defendant is or 25 could be charged in this or another jurisdiction, or of a witness, the person shall, before 26 recording begins, obtain the consent of the victim or witness to record the statement by 27 clearly informing the victim or witness (1) of the information set out in (c) of this 28 section, (2) that the statement will be recorded if the victim or witness consents, and (3) 29 that the victim or witness may obtain a transcript or other copy of the recorded statement 30 upon request. When recording begins, the person making the recording shall indicate in 31 the recording that the victim or witness has been informed as required by this subsection,
01 and the victim or witness shall state in the recording that consent of the victim or witness 02 to the recording has been given. 03 (e) If a victim or witness requests a transcript or other copy of a recorded 04 statement taken under (d) of this section, the defense shall prepare the transcript or other 05 copy and provide it to the person whose statement was recorded. 06 (f) In this section, "recording" means capturing a statement of a person, whether 07 by magnetic tape or other electronic or electromagnetic means. 08 * Sec. 20. AS 12.61 is amended by adding new sections to read: 09 Sec. 12.61.125. VICTIMS AND WITNESSES OF SEXUAL OFFENSES. (a) 10 The defendant accused of a sexual offense, the defendant's counsel, or an investigator 11 or other person acting on behalf of the defendant, may not 12 (1) notwithstanding AS 12.61.120, contact the victim of the offense or 13 a witness to the offense if the victim or witness, or the parent or guardian of the victim 14 or witness if the victim or witness is a minor, has informed the defendant or the 15 defendant's counsel in writing or in person that the victim or witness does not wish to 16 be contacted by the defense; a victim or witness who has not informed the defendant or 17 the defendant's counsel in writing or in person that the victim does not wish to be 18 contacted by the defense is entitled to rights as provided in AS 12.61.120; 19 (2) obtain a statement from the victim of the offense or a witness to the 20 offense, unless, 21 (A) if the statement is taken as a recording, the recording is taken 22 in compliance with AS 12.61.120; or 23 (B) if the statement is not taken as a recording, written 24 authorization is first obtained from the victim or witness, or from the parent or 25 guardian of the victim or witness if the victim or witness is a minor; the written 26 authorization must state that the victim or witness is aware that there is no legal 27 requirement that the victim or witness talk to the defense; a victim or witness 28 making a statement under this subparagraph remains entitled to rights as provided 29 in AS 12.61.120. 30 (b) A defendant who is the parent or guardian of a minor victim or witness may 31 not provide the authorization required under (a) of the section.
01 (c) If an attorney, or a person acting on behalf of the defendant for an attorney, 02 violates this section, the court shall refer the violation to the Disciplinary Board of the 03 Alaska Bar Association as a grievance. 04 (d) In this section, 05 (1) "recording" has the meaning given in AS 12.61.120; 06 (2) "sexual offense" means a violation of AS 11.41.410 - 11.41.470. 07 Sec. 12.61.127. INADMISSIBILITY OF STATEMENTS TAKEN IN 08 VIOLATION OF AS 12.61.120 or 12.61.125. A statement obtained from a victim or 09 witness in violation of AS 12.61.120 or 12.61.125 is presumed inadmissible in a 10 prosecution of the defendant. To overcome the presumption of inadmissibility, the 11 defendant must prove by clear and convincing evidence that 12 (1) the statement is reliable; 13 (2) similar evidence is unavailable from any other source; and 14 (3) failure to introduce the statement would substantially undermine the 15 reliability of the fact-finding process and result in manifest injustice. 16 * Sec. 21. AS 12.61.900 is amended by adding new paragraphs to read: 17 (3) "crime involving domestic violence" has the meaning given in 18 AS 18.66.990; 19 (4) "person acting on behalf of a defendant" includes the defendant's 20 attorney, an agent of the defendant or the defendant's attorney, or a person specified by 21 the court under AS 12.61.120(b) or an agent of that person, but does not include the 22 defendant; 23 (5) "witness" means a person contacted in connection with a criminal 24 case because the person may have knowledge or information about the criminal case. 25 * Sec. 22. AS 12.62.900(22) is amended to read: 26 (22) "serious offense" means a conviction for a felony offense, a crime 27 involving domestic violence, or a violation or attempted violation of any of the 28 following laws, or of the laws of another jurisdiction with substantially similar 29 elements: 30 (A) AS 11.41.410 - 11.41.470; 31 (B) AS 11.51.130(a)(1), (3), or (5);
01 (C) AS 11.61.110(a)(7); 02 (D) AS 11.66.100 - 11.66.130; or 03 (E) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 04 11.40.420, if committed before January 1, 1980; 05 * Sec. 23. AS 12.62.900 is amended by adding a new paragraph to read: 06 (24) "crime involving domestic violence" has the meaning given in 07 AS 18.66.990. 08 * Sec. 24. AS 18.65.240(a) is amended to read: 09 (a) A person may not be appointed as a police officer, except on a 10 probationary basis, unless the person (1) has satisfactorily completed a basic program 11 of police training approved by the council, which includes at least 12 hours of 12 instruction regarding domestic violence as defined in AS 18.66.990, and (2) 13 possesses other qualifications the council has established for the employment of police 14 officers, including [BUT NOT LIMITED TO] minimum age, education, physical and 15 mental standards, citizenship, moral character, and experience. The council shall 16 prescribe the means of presenting evidence of fulfillment of these requirements. 17 * Sec. 25. AS 18.65.242(b) is amended to read: 18 (b) The council shall 19 (1) prescribe the means of presenting evidence of fulfillment of the 20 requirements set out in (a) of this section; and 21 (2) issue a certificate evidencing satisfaction of the requirements of (a) 22 of this section to an applicant who 23 (A) satisfies the requirements of (a)(1) of this section; and 24 (B) meets the minimum education standards of (a)(2) of this 25 section by satisfactorily completing a training program for correctional, 26 probation, or parole officers established under AS 18.65.230, including 27 training regarding domestic violence that contains the subjects set out in 28 AS 18.66.310(d), or a course of instruction in another jurisdiction equivalent 29 in content and quality to that required by the council for approved correctional, 30 probation, or parole officer education and training programs in this state. 31 * Sec. 26. AS 18.65.510 is amended to read:
01 Sec. 18.65.510. DOMESTIC VIOLENCE TRAINING. (a) Each established 02 police training program in the state shall provide training that acquaints police officers 03 with 04 (1) laws relating to substantive crimes and rules of criminal procedure 05 applicable in cases involving domestic violence; 06 (2) techniques for handling incidents of domestic violence that promote 07 the safety of the victim and the officer and that reduce the likelihood of recurrence; 08 (3) the investigation and management of cases involving domestic 09 violence and report writing for those cases; 10 (4) organizations in the state that offer aid or shelter to victims of 11 domestic violence; 12 (5) [(4)] procedures applicable in the prosecution of cases involving 13 domestic violence; 14 (6) [(5)] orders that may be issued by or filed with a court under 15 AS 18.66.100 - 18.66.180 [AS 25.35.010 AND 25.35.020]; [AND] 16 (7) [(6)] the notification to be given to victims of domestic violence 17 under AS 18.65.520; and 18 (8) the subjects set out in AS 18.66.310(d). 19 (b) In providing a training program under this section, each agency or 20 institution offering an established police training program shall consult with the 21 Council on Domestic Violence and Sexual Assault and interested individuals and 22 organizations providing assistance to victims of domestic violence. 23 * Sec. 27. AS 18.65 is amended by adding a new section to read: 24 Sec. 18.65.515. DUTIES OF PEACE OFFICER IN A CRIME INVOLVING 25 DOMESTIC VIOLENCE. (a) A peace officer investigating a crime involving 26 domestic violence shall protect the victim and any member of the victim's family and 27 prevent further violence by 28 (1) transporting an adult victim and any member of the victim's family 29 from the place of the offense or the place of contact, to a location within the 30 community where the offense occurred that is a shelter, a safe home, or another 31 location in the community requested by the victim;
01 (2) assisting the victim in removing from the residence essential items 02 belonging to the victim, such as clothing, vehicles, medication, personal records, and 03 legal documents; 04 (3) assisting the victim and any member of the victim's family in 05 obtaining medical treatment necessitated by the offense, by contacting emergency 06 medical services or by transporting the victim to a local medical facility, if available 07 in the community where the offense occurred; and 08 (4) providing notice of the rights of victims and services available to 09 victims of domestic violence as provided in AS 18.65.520. 10 (b) If a peace officer investigating a crime involving domestic violence 11 determines that it is necessary to protect the victim or the victim's family from 12 domestic violence or to protect the officer or the public during the investigation, the 13 officer may (1) seize a deadly weapon in plain view of the officer, and (2) if a deadly 14 weapon was used or threatened to be used in the domestic violence, seize all deadly 15 weapons owned, used, possessed, or within the control of the alleged perpetrator. If 16 the weapon is not needed as evidence in a criminal case, the law enforcement agency 17 having custody of the weapon, within 24 hours of making the determination that the 18 weapon is not needed as evidence in a criminal case, shall make the weapon available 19 for pickup by the owner of the weapon during regular business hours. 20 * Sec. 28. AS 18.65.520(a) is repealed and reenacted to read: 21 (a) A peace officer investigating a crime involving domestic violence shall 22 orally and in writing inform the victim of the rights of victims of domestic violence 23 and the services available to them. The notice must be in substantially the following 24 form: 25 If you are the victim of domestic violence and you believe that 26 law enforcement protection is needed for your physical safety, you have 27 the right to request that the officer assist in providing for your safety, 28 including asking for an emergency protective order. 29 You may also request the officer to assist you in obtaining your 30 essential personal belongings and locating and taking you to a safe 31 place, including a designated meeting place or shelter, the residence of
01 a household member or friend, or a similar place of safety. In some 02 places in Alaska there are organizations that provide aid and shelter to 03 victims of domestic violence. The nearest organization is located at 04 _____________________________________. 05 If you are in need of medical treatment, you may request that 06 the officer assist you in obtaining medical treatment. 07 You may obtain information about whether the prosecuting 08 attorney will file a criminal complaint about the domestic violence. 09 Additionally, the victim/witness assistance program of the Department 10 of Law may be able to help you. This information is available from the 11 district attorney's office, which is located at . 12 You also have the right to file a petition in court requesting a 13 protective order that may include any of the following provisions: 14 (1) prohibit your abuser from threatening to commit or 15 committing further acts of domestic violence; 16 (2) prohibit your abuser from stalking, harassing, 17 telephoning, contacting, or otherwise communicating with you, directly 18 or indirectly; 19 (3) remove your abuser from your residence; 20 (4) order your abuser to stay away from your residence, 21 school, place of employment, or any other specified place frequented by 22 you or another designated household member; 23 (5) prohibit your abuser from entering your vehicle or 24 a vehicle you occupy; 25 (6) prohibit your abuser from using or possessing a 26 deadly weapon if your abuser used, possessed, or threatened to use a 27 deadly weapon during the commission of your abuse; 28 (7) direct your abuser to surrender any firearm owned 29 or possessed by that person if your abuser used, possessed, or 30 threatened to use, a firearm during the commission of your abuse; 31 (8) request a peace officer to accompany you to your
01 residence to ensure your safe possession of the residence, vehicle, or 02 other items, or to ensure your safe removal of personal items from the 03 residence; 04 (9) award temporary custody of a minor child to the 05 petitioner and may arrange for visitation with a minor child if the safety 06 of the child and the petitioner can be protected; 07 (10) grant you possession and use of a vehicle and other 08 essential personal effects; 09 (11) prohibit your abuser from consuming controlled 10 substances; 11 (12) require your abuser to pay support for you or a 12 minor child in your care if there is an independent legal obligation of 13 your abuser to support you or the child; 14 (13) require your abuser to reimburse you for your 15 expenses caused by domestic violence, including medical bills, or for 16 your costs in getting a protective order; 17 (14) order your abuser to participate in an intervention 18 program for batterers; and 19 (15) other relief the court determines to be necessary for 20 your safety. 21 The forms you need to obtain a protective order are available 22 from the nearest court. It is not necessary to have an attorney to obtain 23 a protective order, but you may consult an attorney if you choose. If 24 you would like help obtaining a protective order, you may contact the 25 nearest domestic violence program located at . The 26 program can also tell you about other resources available in this 27 community for information about domestic violence, treatment of 28 injuries, and places of safety and shelter. 29 You may also qualify for compensation from the Violent Crimes 30 Compensation Board. The board may be contacted at 31 .
01 * Sec. 29. AS 18.65 is amended by adding new sections to article 6 to read: 02 Sec. 18.65.530. MANDATORY ARREST FOR CRIMES INVOLVING 03 DOMESTIC VIOLENCE, VIOLATION OF PROTECTIVE ORDERS, AND 04 VIOLATION OF CONDITIONS OF RELEASE. (a) Except as provided in (b) or (c) 05 of this section, a peace officer, with or without a warrant, shall arrest a person if the 06 officer has probable cause to believe the person has, either in or outside the presence 07 of the officer, within the previous 12 hours, 08 (1) committed domestic violence, except an offense under 09 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 10 (2) committed the crime of violating a protective order in violation of 11 AS 11.56.740; 12 (3) violated a condition of release imposed under AS 12.30.027. 13 (b) If a peace officer receives complaints of domestic violence from more than 14 one person arising from the same incident, the officer shall evaluate the conduct of 15 each person to determine who was the principal physical aggressor. If the officer 16 determines that one person was the principal physical aggressor, the other person or 17 persons need not be arrested. In determining whether a person is a principal physical 18 aggressor, the officer shall consider 19 (1) prior complaints of domestic violence; 20 (2) the relative severity of the injuries inflicted on each person; 21 (3) the likelihood of future injury from domestic violence to each 22 person; and 23 (4) whether one of the persons acted in defense of self or others. 24 (c) A peace officer is not required to make an arrest under (a) of this section 25 if the officer has received authorization not to arrest from a prosecuting attorney in the 26 jurisdiction in which the offense under investigation arose. 27 (d) When investigating a crime involving domestic violence, a peace officer 28 may not threaten or suggest the possible arrest of all persons involved in the same 29 incident in a manner that would have a tendency to discourage requests for 30 intervention by law enforcement in incidents involving domestic violence. 31 (e) In addition to the contents of any other report, a peace officer who does
01 not make an arrest after investigating a complaint of domestic violence, or who arrests 02 two or more persons based on the same incident, shall describe in writing the reasons 03 for not making an arrest or for arresting more than one person. 04 (f) A person may not bring a civil action for damages for a failure to comply 05 with the provisions of this section. 06 Sec. 18.65.540. CENTRAL REGISTRY OF PROTECTIVE ORDERS. (a) 07 The Department of Public Safety shall maintain a central registry of protective orders 08 issued by or filed with a court of this state under AS 18.66.100 - 18.66.180. The 09 registry must include for each protective order the names of the petitioner and 10 respondent, their dates of birth, and the conditions and duration of the order. The 11 registry shall retain a record of the protective order after it has expired. 12 (b) A peace officer receiving a protective order from a court under 13 AS 18.66.100 - 18.66.180, a modified order issued under AS 18.66.120, or an order 14 dismissing a protective order, must take reasonable steps to ensure that the order, 15 modified order, or dismissal is entered into the central registry within 24 hours after 16 being received. 17 (c) A petitioner or respondent who is the subject of a protective order may 18 request the Department of Public Safety to correct information about the order in the 19 central registry. The person requesting the correction has the burden of proving that 20 the information is inaccurate or incomplete. The person may appeal an adverse 21 decision to the court under applicable court rules for appealing the decision of an 22 administrative agency. On appeal, the appellant has the burden of showing that the 23 department's action was an abuse of discretion. An appeal filed under this subsection 24 may not collaterally attack a protective order, challenge the grounds upon which the 25 order was based, or challenge the evidence submitted in support of the order. 26 (d) The Department of Public Safety may adopt regulations to implement this 27 section. 28 (e) A person may not bring a civil action for damages for a failure to comply 29 with the provisions of this section. 30 Sec. 18.65.590. DEFINITION. In AS 18.65.510 - 18.65.590, "domestic 31 violence" has the meaning given in AS 18.66.990.
01 * Sec. 30. AS 18.65.705 is amended to read: 02 Sec. 18.65.705. QUALIFICATIONS TO OBTAIN A PERMIT. A person is 03 qualified to receive and hold a permit to carry a concealed handgun if the person 04 (1) is 21 years of age or older; 05 (2) is eligible to own or possess a firearm under the laws of this state 06 and under federal law; 07 (3) has not been convicted of and is not currently charged under a 08 complaint, information, indictment, or presentment with a felony under the laws of this 09 state or a similar law of another jurisdiction; 10 (4) has not been convicted, within the five years immediately preceding 11 the application, of, and is not currently charged under a complaint, information, 12 indictment, or presentment with any of the following misdemeanor offenses or similar 13 laws of another jurisdiction: 14 (A) AS 11.41.230, 11.41.250, 11.41.270; 15 (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484; 16 (C) AS 11.51.130; 17 (D) AS 11.56.330, 11.56.340, former AS 11.56.350, 11.56.380, 18 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 19 11.56.805; 20 (E) AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240; 21 [OR] 22 (F) AS 11.71.050, 11.71.060; or 23 (G) a crime involving domestic violence as defined in 24 AS 18.66.990; 25 (5) has not been convicted of two or more class A misdemeanors of 26 this state or similar laws of another jurisdiction within the five years immediately 27 preceding the application; 28 (6) has not within the 10 years immediately preceding the application 29 been adjudicated a delinquent for a felony offense of this state or another jurisdiction; 30 (7) is not now suffering, and has not within the five years immediately 31 preceding the application suffered, from a mental illness as defined in AS 47.30.915;
01 (8) has not been adjudicated as mentally incapacitated by a court of this 02 state, another state, territory, or jurisdiction, or of the United States, unless the 03 guardianship or similar arrangement has been closed or terminated and five years have 04 elapsed since the closure or other termination; 05 (9) is a resident of the state and has been for the one year immediately 06 preceding the application for a permit; 07 (10) has not been discharged from the armed forces of the United 08 States under dishonorable conditions; 09 (11) is not an alien who is residing in the United States illegally or a 10 former citizen of the United States who has renounced the person's citizenship; 11 (12) is not an unlawful user of, or addicted to, a controlled substance; 12 (13) is not now the respondent in a protective order under 13 AS 18.66.100 - 18.66.180 or the subject of an injunction under former AS 25.35.010 14 - 25.35.020 unless the protective order or injunction has been dissolved or has 15 expired; 16 (14) is not now in and has not in the three years immediately preceding 17 the application been ordered by a court to complete an alcohol treatment program; 18 (15) is not now in and has not in the three years immediately preceding 19 the application entered a substance abuse treatment program; and 20 (16) has demonstrated competence with handguns as provided in 21 AS 18.65.715. 22 * Sec. 31. AS 18.65.735(a) is amended to read: 23 (a) The department shall immediately suspend a permit to carry a concealed 24 handgun if a permittee is arrested for or formally charged with a crime that would 25 disqualify the permittee under AS 18.65.705(3) - (4) from being eligible for a permit 26 to carry a concealed handgun, [OR] is the respondent in a protective order under 27 AS 18.66.100 - 18.66.180, or is the subject of an injunction under former 28 AS 25.35.010 - 25.35.020. A suspension of a permit remains in effect until the permit 29 is revoked under AS 18.65.740, the department has been notified of a disposition 30 favorable to the defendant or the defendant has been released from custody without 31 being charged, or the protective order under AS 18.66.100 - 18.66.180 or the
01 injunction under former AS 25.35.010 - 25.35.020 is dissolved or expires without 02 being renewed. In this subsection, "disposition favorable to the defendant" means a 03 dismissal by the prosecutor or an adjudication by a court other than a conviction or a 04 suspended imposition of sentence. 05 * Sec. 32. AS 18.66.050 is amended by adding new paragraphs to read: 06 (12) consult with the Department of Health and Social Services in the 07 formulation of standards and procedures for the delivery of services to victims of 08 domestic violence by health care facilities and practitioners of healing arts and 09 personnel in those facilities as required in AS 18.66.300; 10 (13) consult with the Alaska Police Standards Council and other police 11 training programs in the state to develop training programs regarding domestic violence 12 for police officers and for correction, probation, and parole officers; 13 (14) consult with public employers, the Alaska Supreme Court, school 14 districts, and prosecuting authorities who are required by AS 18.66.300 - 18.66.310 to 15 provide continuing education courses in domestic violence to employees. 16 * Sec. 33. AS 18.66 is amended by adding new sections to read: 17 ARTICLE 2. PROTECTIVE ORDERS. 18 Sec. 18.66.100. PROTECTIVE ORDERS: ELIGIBLE PETITIONERS; 19 RELIEF. (a) A person who is or has been a victim of a crime involving domestic 20 violence may file a petition in the district or superior court for a protective order 21 against a household member. A parent, guardian, or other representative appointed by 22 the court under this section, may file a petition for a protective order on behalf of a 23 minor. The court may appoint a guardian ad litem or attorney to represent the minor. 24 (b) When a petition for a protective order is filed, the court shall schedule a 25 hearing, and provide at least 10 days' notice to the respondent of the hearing and of 26 the respondent's right to appear and be heard, either in person or by an attorney. If 27 the court finds by a preponderance of evidence that the respondent has committed a 28 crime involving domestic violence against the petitioner, regardless of whether the 29 respondent appears at the hearing, the court may order any relief available under (c) 30 of this section. The provisions of a protective order issued 31 (1) under (c)(1), (2), (4), or (5) of this section are effective until further
01 order of the court; 02 (2) under (c)(3) or (6) - (16) of this section are effective for one year 03 unless earlier dissolved by court order. 04 (c) A protective order under this section may 05 (1) prohibit the respondent from threatening to commit or committing 06 domestic violence; 07 (2) prohibit the respondent from stalking or harassing the petitioner or 08 telephoning, contacting, or otherwise communicating directly or indirectly with the 09 petitioner; 10 (3) remove and exclude the respondent from the residence of the 11 petitioner, regardless of ownership of the residence; 12 (4) direct the respondent to stay away from the residence, school, or 13 place of employment of the petitioner or any specified place frequented by the 14 petitioner or any designated household member; 15 (5) prohibit the respondent from entering a propelled vehicle in the 16 possession of or occupied by the petitioner; 17 (6) prohibit the respondent from using or possessing a deadly weapon 18 if the court finds the respondent used, or threatened to use, a weapon in the domestic 19 violence or in future domestic violence; 20 (7) direct the respondent to surrender any firearm owned or possessed 21 by the respondent if the court finds that the respondent used, or threatened to use, a 22 firearm in the domestic violence or in future domestic violence; 23 (8) request a peace officer to accompany the petitioner to the 24 petitioner's residence to ensure that the petitioner 25 (A) safely obtains possession of the petitioner's residence, 26 vehicle, or personal items; and 27 (B) is able to safely remove a vehicle or personal items from 28 the petitioner's residence; 29 (9) award temporary custody of a minor child to the petitioner and may 30 arrange for visitation with a minor child if the safety of the child and the petitioner can 31 be protected; if visitation is allowed, the court may order visitation under the
01 conditions provided in AS 25.20.061; 02 (10) give the petitioner possession and use of a vehicle and other 03 essential personal items, regardless of ownership of the items; 04 (11) prohibit the respondent from consuming controlled substances; 05 (12) require the respondent to pay support for the petitioner or a minor 06 child in the care of the petitioner if there is an independent legal obligation of the 07 respondent to support the petitioner or child; 08 (13) require the respondent to reimburse the petitioner or other person 09 for expenses associated with the domestic violence, including medical expenses, 10 counseling, shelter, and repair or replacement of damaged property; 11 (14) require the respondent to pay costs and fees incurred by the 12 petitioner in bringing the action under this chapter; 13 (15) order the respondent, at the respondent's expense, to participate in 14 (A) a program for the rehabilitation of perpetrators of domestic violence that meets the 15 standards set by the Department of Corrections under AS 44.28.020(b) or (B) treatment 16 for the abuse of alcohol or controlled substances, or both; 17 (16) order other relief the court determines necessary to protect the 18 petitioner or any household member. 19 (d) If the court issues a protective order under this section, it shall 20 (1) make reasonable efforts to ensure that the order is understood by 21 the petitioner and by the respondent, if present; and 22 (2) have the order delivered to the appropriate local law enforcement 23 agency for expedited service and for entry into the central registry of protective orders 24 under AS 18.65.540. 25 (e) A court may not deny a petition for a protective order under this section 26 solely because of a lapse of time between an act of domestic violence and the filing 27 of the petition. 28 Sec. 18.66.110. EX PARTE AND EMERGENCY PROTECTIVE ORDERS. 29 (a) A person who is a victim of a crime involving domestic violence may file a 30 petition under AS 18.66.100(a) and request an ex parte protective order. If the court 31 finds that the petition establishes probable cause that a crime involving domestic
01 violence has occurred, it is necessary to protect the petitioner from domestic violence, 02 and if the petitioner has certified to the court in writing the efforts, if any, that have 03 been made to provide notice to the respondent, the court shall ex parte and without 04 notice to the respondent issue a protective order. An ex parte protective order may 05 grant the protection provided by AS 18.66.100(c)(1) - (5), (8) - (12), and (16). An ex 06 parte protective order expires 20 days after it is issued unless dissolved earlier by the 07 court at the request of either the petitioner or the respondent and after notice and, if 08 requested, a hearing, or unless extended by the court at the request of the petitioner. 09 If the order is extended, the court shall enter into the record the reasons for the 10 extension. If a court issues an ex parte protective order, the court shall have the order 11 delivered to the appropriate local law enforcement agency for expedited service and 12 for entry into the central registry of protective orders under AS 18.65.540. 13 (b) A peace officer, on behalf of and with the consent of a victim of a crime 14 involving domestic violence, may request an emergency protective order from a 15 judicial officer. The request may be made orally or in writing based upon the sworn 16 statement of a peace officer, and in person or by telephone. If the court finds probable 17 cause to believe that the victim is in immediate danger of domestic violence based on 18 an allegation of the recent commission of a crime involving domestic violence, the 19 court ex parte shall issue an emergency protective order. In an emergency protective 20 order, the court may grant the protection provided by AS 18.66.100(c)(1) - (5), (8), 21 (10), (11), and (16). An emergency protective order expires 72 hours after it is issued 22 unless dissolved earlier by the court at the request of the petitioner. 23 (c) A peace officer who obtains an emergency protective order under (b) of 24 this section shall 25 (1) place the provisions of an oral order in writing on a form provided 26 by the court and file the written order with the issuing court by the end of the judicial 27 day after it was issued; 28 (2) provide a copy of the order to the petitioner; 29 (3) serve a copy of the order on the respondent; and 30 (4) comply with the requirements of AS 18.65.540 for ensuring that the 31 order is entered into the central registry of protective orders under AS 18.65.540.
01 (d) A court may not deny a petition for an ex parte protective order filed under 02 (a) of this section solely because of a lapse of time between an act of domestic 03 violence and the filing of the petition. 04 Sec. 18.66.120. MODIFICATION OF PROTECTIVE ORDERS. (a) Either 05 the petitioner or the respondent may request modification of a protective order. If a 06 request is made for modification of 07 (1) an ex parte protective order under AS 18.66.110(a), the court shall 08 schedule a hearing on three days' notice or on shorter notice as the court may 09 prescribe; the court shall hear and rule on the request in an expeditious manner; or 10 (2) a protective order after notice and hearing under AS 18.66.100(b), 11 the court shall schedule a hearing within 20 days after the date the request is made, 12 except that if the court finds that the request is meritless on its face, the court may 13 deny the request without further hearing. 14 (b) If a request for a modification is made under this section and the 15 respondent raises an issue not raised by the petitioner, the court may allow the 16 petitioner additional time to respond. 17 (c) If the court modifies a protective order under this section, it shall issue a 18 modified order and shall 19 (1) make reasonable efforts to ensure that the order is understood by 20 the petitioner and by the respondent, if present at the hearing; and 21 (2) have the order delivered to the appropriate local law enforcement 22 agency for expedited service and for entry into the central registry of protective orders 23 under AS 18.65.540. 24 Sec. 18.66.130. SPECIFIC PROTECTIVE ORDERS. (a) If a respondent in 25 a protective order issued under AS 18.66.100 - 18.66.180 is prohibited from 26 communicating with the petitioner, excluded from the residence of the petitioner, or 27 ordered to stay away from the petitioner as provided in AS 18.66.100(c)(2) - (5), an 28 invitation by the petitioner to communicate, enter the residence or vehicle, or have 29 other prohibited contact with the petitioner does not waive or nullify any provision in 30 a protective order. 31 (b) A court may not grant protective orders against the petitioner and the
01 respondent in the same action under this chapter. 02 (c) A court may not order parties into mediation or refer them to mediation 03 for resolution of the issues arising from a petition for a protective order under 04 AS 18.66.100 - 18.66.180. 05 (d) In addition to other required information contained in a protective order, 06 the order must include in bold face type the following statements: 07 (1) "Violation of this order may be a misdemeanor, punishable by up 08 to one year of incarceration and up to a $5,000 fine"; 09 (2) "If you are ordered to have no contact with the petitioner or to stay 10 away from the petitioner's residence, vehicle, or other place designated by the court, 11 an invitation by the petitioner to have the prohibited contact or to be present at or enter 12 the residence, vehicle, or other place does not in any way invalidate or nullify the 13 order.". 14 (e) A protective order issued under this chapter is in addition to and not in 15 place of any other civil or criminal remedy. A petitioner is not barred from seeking 16 an order under AS 18.66.100 - 18.66.180 because of the existence of another civil 17 action between the petitioner and respondent. 18 Sec. 18.66.140. FILING AND ENFORCEMENT OF PROTECTIVE ORDERS 19 ISSUED IN OTHER STATES. (a) A certified copy of an unexpired protective order 20 issued in another jurisdiction may be filed with the clerk of court in any judicial 21 district in this state. 22 (b) A protective order filed in accordance with (a) of this section has the same 23 effect and must be enforced in the same manner as a protective order issued by a court 24 of this state. 25 (c) When a protective order is filed with the court under this section, the court 26 shall have the order delivered to the appropriate local law enforcement agency for 27 entry into the central registry of protective orders under AS 18.65.540. 28 Sec. 18.66.150. FORMS FOR PETITIONS AND ORDERS; FEES. (a) The 29 Alaska Court System, after consulting with the Council on Domestic Violence and 30 Sexual Assault and other interested persons and organizations, shall prepare forms for 31 petitions, protective orders, and instructions for their use by a person seeking a
01 protective order under this chapter. The forms must conform to the Alaska Rules of 02 Civil Procedure, except that information on the forms may be filled in by legible 03 handwriting. 04 (b) In addition to other information required, a petition for a protective order 05 must include a statement of pending civil actions or domestic violence criminal actions 06 involving either the petitioner or the respondent. While a protective order is in effect 07 or a petition for protective order is pending, both the petitioner and respondent have 08 a continuing duty to inform the court of pending civil actions or domestic violence 09 criminal actions involving either the petitioner or the respondent. 10 (c) The office of the clerk of each superior and district court shall make 11 available to the public under AS 18.66.100 - 18.66.180 the forms a person seeking a 12 protective order under AS 18.66.100 - 18.66.180 may need and instructions for the use 13 of the forms. The clerk shall provide assistance in completing the forms and filing the 14 forms. 15 (d) Filing fees may not be charged in any action seeking only the relief 16 provided in this chapter. 17 Sec. 18.66.160. SERVICE OF PROCESS. (a) Process issued under this 18 chapter shall be promptly served and executed. If process is to be served upon a 19 person believed to be present or residing in a municipality, as defined in AS 29.71.800, 20 or in an unincorporated community, process shall be served by a peace officer of that 21 municipality or unincorporated community who has jurisdiction within the area of 22 service. If a peace officer of the municipality or unincorporated community who has 23 jurisdiction is not available, a superior court, district court, or magistrate may designate 24 any other peace officer to serve and execute process. A state peace officer shall serve 25 process in any area that is not within the jurisdiction of a peace officer of a 26 municipality or unincorporated community. A peace officer shall use every reasonable 27 means to serve process issued under this chapter. 28 (b) Service of process under (a) of this section does not preclude a petitioner 29 from using any other available means to serve process issued under this chapter. 30 (c) Fees for service of process may not be charged in a proceeding seeking 31 only the relief provided in this chapter.
01 Sec. 18.66.170. NOTIFICATION OF LAW ENFORCEMENT AGENCIES. 02 When a court issues or accepts for filing a protective order under this chapter, it shall 03 send a copy of the order to the appropriate local law enforcement agency. Each law 04 enforcement agency shall establish procedures to inform peace officers of protective 05 orders. Peace officers shall use every reasonable means to enforce a protective order 06 issued or filed under this chapter. 07 Sec. 18.66.180. CIVIL LIABILITY. A person may not bring a civil action for 08 damages against the state, its officers, agents, or employees, or a law enforcement 09 agency, its officers, agents, or employees for any failure to comply with the provisions 10 of this chapter. 11 ARTICLE 3. EDUCATION AND PREVENTION. 12 Sec. 18.66.300. STANDARDS AND PROCEDURES FOR HEALTH CARE 13 IN DOMESTIC VIOLENCE CASES. (a) The Department of Health and Social 14 Services shall adopt standards and procedures for the delivery of services to victims 15 of domestic violence by health care facilities and practitioners of the healing arts and 16 personnel in those facilities. The standards and procedures shall be formulated in 17 consultation with the Council on Domestic Violence and Sexual Assault, the 18 Department of Commerce and Economic Development, private agencies that provide 19 services for victims of domestic violence, and persons with expertise in providing 20 health care and other services to victims of domestic violence. 21 (b) The Department of Health and Social Services shall make available to 22 health care facilities and practitioners of the healing arts and personnel in those 23 facilities a written notice of the rights of victims of domestic violence and the services 24 available to them. The notice shall be substantially similar to the notice provided in 25 AS 18.65.520(a). 26 (c) The Department of Health and Social Services may adopt regulations to 27 implement and interpret this section. 28 Sec. 18.66.310. CONTINUING EDUCATION FOR PUBLIC EMPLOYEES, 29 COURT SYSTEM EMPLOYEES, AND FOR PROSECUTING AUTHORITIES. (a) 30 Employers of state or local public employees, including employees of public schools, 31 shall, in consultation with the Council on Domestic Violence and Sexual Assault,
01 provide continuing education in domestic violence for the public employees who are 02 required by law to report abuse or neglect of children under AS 47.17.020. 03 (b) The administrative director of the Alaska Court System shall, in 04 consultation with the Council on Domestic Violence and Sexual Assault, provide 05 continuing education in domestic violence for judicial officers and court clerks who 06 have contact with parties involved in domestic violence. 07 (c) The Department of Law and other prosecuting authorities in the state shall, 08 in consultation with the Council on Domestic Violence and Sexual Assault, provide 09 continuing education in domestic violence for prosecuting attorneys and other 10 employees who have contact with persons involved in domestic violence. 11 (d) The continuing education required under (a) - (c) of this section must 12 include information on the following subjects: 13 (1) the nature, extent, and causes of domestic violence; 14 (2) procedures designed to promote the safety of the victim and other 15 household members; 16 (3) resources available to victims and perpetrators of domestic violence; 17 and 18 (4) the lethality of domestic violence. 19 ARTICLE 4. GENERAL PROVISIONS. 20 Sec. 18.66.990. DEFINITIONS. In this chapter, 21 (1) "council" means the Council on Domestic Violence and Sexual 22 Assault; 23 (2) "crisis intervention and prevention program" means a community 24 program that provides information, education, counseling, and referral services to 25 individuals experiencing personal crisis related to domestic violence or sexual assault 26 and to individuals in personal or professional transition, excluding correctional half- 27 way houses, outpatient mental health programs, and drug or alcohol rehabilitation programs; 28 (3) "domestic violence" and "crime involving domestic violence" mean 29 one or more of the following offenses or a law or ordinance of another jurisdiction 30 having elements similar to these offenses, or an attempt to commit the offense, by a 31 household member against another household member:
01 (A) a crime against the person under AS 11.41; 02 (B) burglary under AS 11.46.300 - 11.46.310; 03 (C) criminal trespass under AS 11.46.320 - 11.46.330; 04 (D) arson or criminally negligent burning under AS 11.46.400 - 05 11.46.430; 06 (E) criminal mischief under AS 11.46.480 - 11.46.486; 07 (F) terroristic threatening under AS 11.56.810; 08 (G) violating a domestic violence order under AS 11.56.740; or 09 (H) harassment under AS 11.61.120(a)(2) - (4); 10 (4) "domestic violence program" means a program that provides 11 services to the victims of domestic violence, their families, or perpetrators of domestic 12 violence; 13 (5) "household member" includes 14 (A) adults or minors who are current or former spouses; 15 (B) adults or minors who live together or who have lived 16 together; 17 (C) adults or minors who are dating or who have dated; 18 (D) adults or minors who are engaged in or who have engaged 19 in a sexual relationship; 20 (E) adults or minors who are related to each other up to the 21 fourth degree of consanguinity, whether of the whole or half blood or by 22 adoption, computed under the rules of civil law; 23 (F) adults or minors who are related or formerly related by 24 marriage; 25 (G) persons who have a child of the relationship; and 26 (H) minor children of a person in a relationship that is described 27 in (A) - (G) of this paragraph; 28 (6) "local community entity" means a city or borough or other political 29 subdivision of the state, a nonprofit organization, or a combination of these; 30 (7) "judicial day" means any Monday through Friday that is not a state 31 holiday and on which the court clerk's offices are officially opened to receive legal
01 documents for filing; 02 (8) "petitioner" includes a person on whose behalf an emergency 03 protective order has been requested under AS 18.66.110(b); 04 (9) "sexual assault" means a crime specified in AS 11.41.410 - 05 11.41.450; 06 (10) "sexual assault program" means a program that provides services 07 to the victims of sexual assault, their families, or perpetrators of sexual assault. 08 * Sec. 34. AS 22.10.020(a) is amended to read: 09 (a) The superior court is the trial court of general jurisdiction, with original 10 jurisdiction in all civil and criminal matters, including probate and guardianship of 11 minors and incompetents. Except for a petition for a protective order [INJUNCTIVE 12 RELIEF] under AS 18.66.100 - 18.66.180 [AS 25.35.010 OR 25.35.020], an action that 13 falls within the concurrent jurisdiction of the superior court and the district court may 14 not be filed in the superior court, except as provided by rules of the supreme court. 15 * Sec. 35. AS 22.15.030 is amended to read: 16 Sec. 22.15.030. CIVIL JURISDICTION. (a) The district court has jurisdiction 17 of civil cases, including foreign judgments filed under AS 09.30.200 and arbitration 18 proceedings under AS 09.43.170, as follows: 19 (1) for the recovery of money or damages when the amount claimed 20 exclusive of costs, interest, and attorney fees does not exceed $50,000; 21 (2) for the recovery of specific personal property, when the value of 22 the property claimed and the damages for the detention do not exceed $50,000; 23 (3) for the recovery of a penalty or forfeiture, whether given by statute 24 or arising out of contract, not exceeding $50,000; 25 (4) to give judgment without action upon the confession of the 26 defendant for any of the cases specified in this section, except for a penalty or 27 forfeiture imposed by statute; 28 (5) for establishing the fact of death of any person in the manner 29 prescribed in AS 09.55.020 - 09.55.060; 30 (6) for the recovery of the possession of premises in the manner 31 provided under AS 09.45.070 - 09.45.160 when the value of the arrears and damage
01 to the property does not exceed $50,000; 02 (7) for the foreclosure of a lien when the amount in controversy does 03 not exceed $50,000; 04 (8) for the recovery of money or damages in motor vehicle tort cases 05 when the amount claimed exclusive of costs, interest, and attorney fees does not 06 exceed $50,000; 07 (9) over civil actions for taking utility service and for damages to or 08 interference with a utility line filed under AS 42.20.030; 09 (10) over cases involving protective orders [INJUNCTIVE RELIEF] 10 for domestic violence under AS 18.66.100 - 18.66.180 [AS 25.35.010 AND 25.35.020]. 11 (b) Insofar as the civil jurisdiction of the district courts and the superior court 12 is the same, the jurisdiction is concurrent. Except for a petition for a protective order 13 [INJUNCTIVE RELIEF] under AS 18.66.100 - 18.66.180 [AS 25.35.010 OR 14 25.35.020], an action that falls within the concurrent jurisdiction of the superior court 15 and the district court may not be filed in the superior court, except as provided by 16 rules of the supreme court. 17 * Sec. 36. AS 22.15.100 is amended to read: 18 Sec. 22.15.100. FUNCTIONS AND POWERS OF DISTRICT JUDGE AND 19 MAGISTRATE. Each district judge and magistrate has the power 20 (1) to issue writs of habeas corpus for the purpose of inquiring into the 21 cause of restraint of liberty, returnable before a judge of the superior court, and the 22 same proceedings shall be had on the writ as if it had been granted by the superior 23 court judge under the laws of the state in such cases; 24 (2) of a notary public; 25 (3) to issue marriage licenses and to solemnize marriages; 26 (4) to issue warrants of arrest, summons, and search warrants according 27 to manner and procedure prescribed by law and the supreme court; 28 (5) to act as an examining judge or magistrate in preliminary 29 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 30 release of defendants under bail; 31 (6) to act as a referee in matters and actions referred to the judge or
01 magistrate by the superior court, with all powers conferred upon referees by laws; 02 (7) of the superior court in all respects including but not limited to 03 contempts, attendance of witnesses, and bench warrants; 04 (8) to order the temporary detention of a minor, or take other action 05 authorized by law or rules of procedure, in cases arising under AS 47.10, when the 06 minor is in a condition or surrounding dangerous or injurious to the welfare of the 07 minor or others that requires immediate action; the action may be continued in effect 08 until reviewed by the superior court in accordance with rules of procedure governing 09 these cases; 10 (9) to issue a protective order [TEMPORARY ORDER FOR 11 INJUNCTIVE RELIEF] in cases involving domestic violence as provided in 12 AS 18.66.100 - 18.66.180 [AS 25.35.010 AND 25.35.020]; 13 (10) to review an administrative revocation of a person's driver's 14 license or nonresident privilege to drive, and an administrative refusal to issue an 15 original license, when designated as a hearing officer by the commissioner of public 16 safety and with the consent of the administrative director of the state court system. 17 * Sec. 37. AS 22.20.110 is amended to read: 18 Sec. 22.20.110. DUTY OF THE COMMISSIONER IN THE COURT OF 19 APPEALS, THE SUPERIOR COURT, AND DISTRICT COURTS. When required 20 by the supreme court, and except as otherwise provided in AS 18.66.160 21 [AS 25.35.040], the commissioner shall serve and execute all process issued by the 22 court of appeals, the superior court, and the district courts; attend to and wait upon 23 grand and petit juries; maintain order; attend the sessions of the courts; and exercise 24 the power and perform the duties concerning all matters within the jurisdiction of the 25 courts as may be assigned. The commissioner is the executive officer of the court of 26 appeals, the superior court, and district courts. 27 * Sec. 38. AS 25.20.060 is amended by adding a new subsection to read: 28 (d) If the court finds that a parent or child is a victim of domestic violence, 29 the court may order that the address and telephone number of the parent or child be 30 kept confidential in the proceedings. 31 * Sec. 39. AS 25.20 is amended by adding a new section to read:
01 Sec. 25.20.061. VISITATION IN PROCEEDINGS INVOLVING DOMESTIC 02 VIOLENCE. If visitation is awarded to a parent who has committed a crime involving 03 domestic violence within the five years preceding the award of visitation, the court 04 may set conditions for the visitation, including 05 (1) the transfer of the child for visitation must occur in a protected 06 setting; 07 (2) visitation shall be supervised by another person or agency and under 08 specified conditions as ordered by the court; 09 (3) the perpetrator shall attend and complete, to the satisfaction of the 10 court, a program for the rehabilitation of perpetrators of domestic violence that meets 11 the standards set by the Department of Corrections under AS 44.28.020(b), or other 12 counseling; the perpetrator shall be required to pay the costs of the program or other 13 counseling; 14 (4) the perpetrator shall abstain from possession or consumption of 15 alcohol or controlled substances during the visitation and for 24 hours before visitation; 16 (5) the perpetrator shall pay costs of supervised visitation as set by the 17 court; 18 (6) the prohibition of overnight visitation; 19 (7) the perpetrator shall post a bond to the court for the return and 20 safety of the child; and 21 (8) any other condition necessary for the safety of the child, the other 22 parent, or other household member. 23 * Sec. 40. AS 25.20.080(a) is amended to read: 24 (a) Except as provided in (f) and (g) of this section, at [AT] any time within 25 30 days after a petition for child custody is filed under AS 25.20.060 the court may 26 order the parties to submit to mediation. Each party has [SHALL HAVE] the right to 27 challenge peremptorily one mediator appointed. 28 * Sec. 41. AS 25.20.080 is amended by adding new subsections to read: 29 (f) The court may not order or refer parties to mediation in a proceeding 30 concerning custody or visitation of a child if a protective order issued or filed under 31 AS 18.66.100 - 18.66.180 is in effect. The court may not order or refer parties to
01 mediation if a party objects on the grounds that domestic violence has occurred 02 between the parties unless the court finds that the conditions of (g)(1) - (3) of this 03 section are met. 04 (g) A mediator who receives a referral or order from a court to conduct 05 mediation under (a) of this section shall evaluate whether domestic violence has 06 occurred between the parties. A mediator may not engage in mediation when either 07 party has committed a crime involving domestic violence unless 08 (1) mediation is requested by the victim of the alleged domestic 09 violence, or proposed by the court and agreed to by the victim; 10 (2) mediation is provided by a mediator who is trained in domestic 11 violence in a manner that protects the safety of the victim and any household member, 12 taking into account the results of an assessment of the potential danger posed by the 13 perpetrator and the risk of harm to the victim; and 14 (3) the victim is permitted to have in attendance a person of the 15 victim's choice, including an attorney. 16 * Sec. 42. AS 25.20.110 is amended by adding a new subsection to read: 17 (c) In a proceeding involving the modification of an award for custody of a 18 child or visitation with a child, a finding that a crime involving domestic violence has 19 occurred since the last custody or visitation determination is a finding of change of 20 circumstances under (a) of this section. 21 * Sec. 43. AS 25.24.060(a) is amended to read: 22 (a) Except as provided in (f) and (g) of this section, at [AT] any time within 23 30 days after a complaint or cross-complaint in a divorce action is filed, a party to the 24 action may file a motion with the court requesting mediation, for the purpose of 25 achieving a mutually agreeable settlement in termination of the marriage. When a 26 party moves for settlement mediation, the other party shall answer the motion on the 27 record, and the judge may order mediation. When no request for mediation is made, 28 the court may at any time order the parties to submit to mediation if it determines that 29 mediation may result in a more satisfactory settlement between the parties. 30 * Sec. 44. AS 25.24.060 is amended by adding new subsections to read: 31 (f) The court may not order or refer parties to mediation in a divorce
01 proceeding if a protective order issued or filed under AS 18.66.100 - 18.66.180 is in 02 effect. The court may not order or refer parties to mediation if a party objects on the 03 grounds that domestic violence has occurred between the parties unless the court finds 04 that the conditions of (g)(1) - (3) of this section are met. 05 (g) A mediator who receives a referral or order from a court to conduct 06 mediation under (a) of this section shall evaluate whether domestic violence has 07 occurred between the parties. A mediator may not engage in mediation when either 08 party has committed a crime involving domestic violence unless 09 (1) mediation is requested by the victim of the alleged domestic 10 violence, or proposed by the court and agreed to by the victim; 11 (2) mediation is provided by a mediator who is trained in domestic 12 violence in a manner that protects the safety of the victim and any household member, 13 taking into account the results of an assessment of the potential danger posed by the 14 perpetrator and the risk of harm to the victim; and 15 (3) the victim is permitted to have in attendance a person of the 16 victim's choice, including an attorney. 17 * Sec. 45. AS 25.24.140(b) is amended to read: 18 (b) During the pendency of the action, upon application, a spouse is entitled 19 to necessary protective orders, including orders 20 (1) providing for the freedom of each spouse from the control of the 21 other spouse; 22 (2) for protection under AS 18.66.100 - 18.66.180 [RESTRAINING 23 EACH SPOUSE FROM SUBJECTING THE OTHER SPOUSE OR ANOTHER 24 PERSON LIVING IN THE HOUSEHOLD TO DOMESTIC VIOLENCE, 25 AS DEFINED IN AS 25.35.200]; 26 (3) directing one spouse to vacate the marital residence or the home of 27 the other spouse; 28 (4) restraining a spouse from communicating directly or indirectly with 29 the other spouse; 30 (5) restraining a spouse from entering a propelled vehicle in the 31 possession of or occupied by the other spouse; and
01 (6) prohibiting a spouse from disposing of the property of either spouse 02 or marital property without the permission of the other spouse or a court order. 03 * Sec. 46. AS 25.24.140(c) is amended to read: 04 (c) Except as provided in (d) and (e) of this section, after [AFTER] a 05 hearing, if both parties agree, the court may also order that the parties engage in 06 personal or family counseling or mediation. In the order, the court shall provide for 07 the payment of the costs of the counseling or mediation. 08 * Sec. 47. AS 25.24.140 is amended by adding new subsections to read: 09 (d) The court may not order or refer parties to mediation or family counseling 10 under (c) of this section if a protective order issued or filed under AS 18.66.100 - 11 18.66.180 is in effect. The court may not order or refer parties to mediation or family 12 counseling if a party objects on the grounds that domestic violence has occurred 13 between the parties unless the court finds that the conditions of (e)(1) - (3) of this 14 section are met. 15 (e) A mediator or family counselor who receives a referral or order from a 16 court to conduct mediation under (c) of this section shall evaluate whether domestic 17 violence has occurred between the parties. A mediator or family counselor may not 18 engage in mediation when either party has committed a crime involving domestic 19 violence unless 20 (1) mediation or family counseling is requested by the victim of the 21 alleged domestic violence, or proposed by the court and agreed to by the victim; 22 (2) mediation or family counseling is provided by a mediator or family 23 counselor who is trained in domestic violence in a manner that protects the safety of 24 the victim and any household member, taking into account the results of an assessment 25 of the potential danger posed by the perpetrator and the risk of harm to the victim; and 26 (3) the victim is permitted to have in attendance a person of the 27 victim's choice, including an attorney. 28 * Sec. 48. AS 25.24.210(e) is amended to read: 29 (e) If the petition is filed by both spouses under AS 25.24.200(a), the petition 30 must state in detail the terms of the agreement between the spouses concerning the 31 custody of children, child support, visitation, spousal maintenance and tax
01 consequences, if any, and fair and just division of property, including retirement 02 benefits. Agreements on spousal maintenance and property division must fairly 03 allocate the economic effect of dissolution and take into consideration the factors listed 04 in AS 25.24.160(a)(2) and (4). In addition, the petition must state 05 (1) the respective occupations of the petitioners; 06 (2) the income, assets, and liabilities of the respective petitioners at the 07 time of filing the petition; 08 (3) the date and place of the marriage; 09 (4) the name, date of birth, and current marital, educational, and 10 custodial status of each child born of the marriage or adopted by the petitioners who 11 is under the age of 19; 12 (5) whether the wife is pregnant; 13 (6) whether either petitioner requires medical care or treatment; 14 (7) whether any of the following [A DOMESTIC VIOLENCE 15 COMPLAINT] has been issued or filed during the marriage by or regarding either 16 spouse as defendant, participant, or respondent: 17 (A) a criminal charge of a crime involving domestic 18 violence; 19 (B) a protective order under AS 18.66.100 - 18.66.180; 20 (C) injunctive relief under former AS 25.35.010 or 21 25.35.020; or 22 (D) a protective order issued in another jurisdiction and 23 filed with the court in this state under AS 18.66.140 [A MEMBER OF THE 24 HOUSEHOLD]; 25 (8) whether either petitioner has received the advice of legal counsel 26 regarding a divorce or dissolution; 27 (9) other facts and circumstances that the petitioners believe should be 28 considered; 29 (10) that the petition constitutes the entire agreement between the 30 petitioners; and 31 (11) any other relief sought by the petitioners.
01 * Sec. 49. AS 25.24.220(h) is amended to read: 02 (h) In its examination of a petitioner under (d) of this section, the court shall 03 use a heightened level of scrutiny of agreements if 04 (1) one party is represented by counsel and the other is not; 05 (2) there is evidence that a party committed a crime involving [A] 06 domestic violence during the marriage or if any of the following [COMPLAINT] 07 has been issued or filed during the marriage by or regarding either spouse as 08 defendant, participant, or respondent: 09 (A) a criminal charge of a crime involving domestic 10 violence; 11 (B) a protective order under AS 18.66.100 - 18.66.180; 12 (C) injunctive relief under former AS 25.35.010 or 13 25.35.020; or 14 (D) a protective order issued in another jurisdiction and 15 filed with the court in this state under AS 18.66.140 [A MEMBER OF THE 16 FAMILY OR THERE IS EVIDENCE OF DOMESTIC VIOLENCE DURING 17 THE MARRIAGE]; 18 (3) there is a minor child of the marriage; or 19 (4) there is a patently inequitable division of the marital estate. 20 * Sec. 50. AS 25 is amended by adding a new chapter to read: 21 CHAPTER 90. GENERAL PROVISIONS. 22 Sec. 25.90.010. DEFINITIONS. In this title, "domestic violence" and "crime 23 involving domestic violence" have the meanings given in AS 18.66.990. 24 * Sec. 51. AS 33.16.120 is amended by adding a new subsection to read: 25 (g) A victim of a crime involving domestic violence shall be informed by the 26 board at least 30 days in advance of a scheduled hearing to review or consider 27 discretionary parole for a prisoner. The board shall inform the victim of any decision 28 to grant or deny discretionary parole or to release the prisoner under AS 33.16.010(c). 29 If the prisoner is to be released, the victim shall be notified of the expected date of the 30 release, the geographic area in which the prisoner will reside, and any other 31 information concerning conditions of parole that may affect the victim. The victim
01 shall also be informed of any changes in the conditions of parole that may affect the 02 victim. The board shall send the notice required to the last known address of the 03 victim. A person may not bring a civil action for damages for a failure to comply 04 with the provisions of this subsection. 05 * Sec. 52. AS 33.16.150 is amended by adding a new subsection to read: 06 (f) In addition to other conditions of parole imposed under this section, the 07 board may impose as a condition of special medical, discretionary, or mandatory parole 08 for a prisoner serving a term for a crime involving domestic violence (1) any of the 09 terms of protective orders under AS 18.66.100(c)(1) - (7); (2) a requirement that, at 10 the prisoner's expense, the prisoner participate in and complete, to the satisfaction of 11 the board, a program for the rehabilitation of perpetrators of domestic violence that 12 meets the standards set by the department under AS 44.28.020(b); and (3) any other 13 condition necessary to rehabilitate the prisoner. The board shall establish procedures 14 for the exchange of information concerning the parolee with the victim and for 15 responding to reports of nonattendance or noncompliance by the parolee with 16 conditions imposed under this subsection. 17 * Sec. 53. AS 33.16.220(a) is amended to read: 18 (a) The board may revoke parole if the parolee 19 (1) engages in conduct in violation of AS 33.16.150(a), [OR] (b), or 20 (f); or 21 (2) has violated an order of the court to participate in or comply with 22 the treatment plan of a rehabilitation program under AS 12.55.015(a)(10). 23 * Sec. 54. AS 33.16.220(c) is amended to read: 24 (c) In determining whether a parole violator should be released pending a final 25 revocation hearing, the board or its designee shall consider 26 (1) the likelihood of the parolee's appearance at a final revocation 27 hearing; 28 (2) the seriousness of the alleged violation; 29 (3) whether the parolee presents a danger to the community; [AND] 30 (4) whether the parolee is likely to further violate conditions of parole; 31 and
01 (5) whether the parolee is on parole for a crime involving domestic 02 violence; if the violation of the condition of parole involved an act of domestic 03 violence, the parolee may not be released pending the final revocation hearing. 04 * Sec. 55. AS 33.16.900 is amended by adding a new paragraph to read: 05 (13) "crime involving domestic violence" and "domestic violence" have 06 the meanings given in AS 18.66.990. 07 * Sec. 56. AS 33.20.080(b) is amended to read: 08 (b) If requested by the victim of a crime against a person, a crime involving 09 domestic violence, or arson in the first degree, the board shall send notice of an 10 application for executive clemency submitted by the state prisoner who was convicted 11 of that crime. The victim may comment in writing to the board on the application for 12 executive clemency. 13 * Sec. 57. AS 33.20.080(d) is amended by adding a new paragraph to read: 14 (3) "crime involving domestic violence" has the meaning given in 15 AS 18.66.990. 16 * Sec. 58. AS 33.30.013(b) is amended to read: 17 (b) The commissioner is required to give notice of a change in the status of an 18 offender under this section only if the victim has requested notice of the change, 19 except that the commissioner is required to give notice, mailed to the last known 20 address of the victim, in every case of a crime involving domestic violence. 21 * Sec. 59. AS 33.30.101 is amended by adding a new subsection to read: 22 (c) The commissioner may release on furlough a prisoner convicted of a crime 23 involving domestic violence only under conditions that would protect the victim of 24 domestic violence or other household member. 25 * Sec. 60. AS 33.30.111(f) is amended to read: 26 (f) Except as provided in (g) of this section, if [IF] the commissioner 27 considers a prisoner convicted of a crime against a person or arson in the first degree 28 for a prerelease furlough and the victim has requested notice under AS 33.30.013, the 29 commissioner shall send notice of intent to consider the prisoner for a prerelease 30 furlough to the victim. The victim may comment in writing on the commissioner's 31 intent to release the prisoner on a prerelease furlough status. The commissioner shall
01 consider the victim's comments before making a final decision to release a prisoner 02 on a prerelease furlough status. The commissioner shall make a reasonable effort to 03 notify the victim of an intent to release the prisoner on a prerelease furlough. The 04 notice must contain the expected date of the prisoner's release, the geographic area in 05 which the prisoner will reside, and other pertinent information concerning the 06 prisoner's release that may affect the victim. 07 * Sec. 61. AS 33.30.111 is amended by adding a new subsection to read: 08 (g) If the commissioner considers a prisoner convicted of a crime involving 09 domestic violence for a prerelease furlough, the commissioner shall send notice of 10 intent to consider the prisoner for prerelease furlough to the last known address of the 11 victim. The victim may comment in writing on the commissioner's intention to release 12 the prisoner on a prerelease furlough. The commissioner shall consider the victim's 13 comments, if any, before making a final decision to release the prisoner on a prerelease 14 furlough. The commissioner shall make a reasonable effort to notify the victim of any 15 decision to release the prisoner on the prerelease furlough. The notice must include 16 the expected date of the furlough and any other information concerning the furlough 17 that may affect the victim. A person may not bring a civil action for damages for a 18 failure to comply with the provisions of this subsection. 19 * Sec. 62. AS 33.30.901 is amended by adding a new paragraph to read: 20 (15) "crime involving domestic violence" has the meaning given in 21 AS 18.66.990. 22 * Sec. 63. AS 43.23.065(b) is amended to read: 23 (b) An exemption is not available under this section for permanent fund 24 dividends taken to satisfy 25 (1) child support obligations required by court order or decision of the 26 child support enforcement agency under AS 25.27.140 - 25.27.220; 27 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 28 or AS 47.10.080(b)(4); 29 (3) claims on defaulted scholarship loans under AS 43.23.067; 30 (4) court ordered fines; 31 (5) writs of execution under AS 09.35 of a judgment that is entered
01 (A) against a minor in a civil action to recover damages; 02 (B) under AS 34.50.020 against the parent, parents, or legal 03 guardian of an unemancipated minor; 04 (6) a debt owed by an eligible individual to an agency of the state, 05 unless the debt is contested and an appeal is pending, or the time limit for filing an 06 appeal has not expired; 07 (7) a debt owed to a person for a program for the rehabilitation of 08 perpetrators of domestic violence required under AS 12.55.101, 09 AS 18.66.100(c)(15), AS 25.20.061(3), or AS 33.16.150(f)(2). 10 * Sec. 64. AS 44.21.410(a)(5) is amended to read: 11 (5) provide legal representation and guardian ad litem services under 12 AS 25.24.310; in cases arising under AS 47.15 (Uniform Interstate Compact on 13 Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or 14 petitions for the termination of parental rights on grounds set out in 15 AS 25.23.180(c)(3); in cases involving petitions to remove the disabilities of a minor 16 under AS 09.55.590; in children's proceedings under AS 47.10.050(a); in cases 17 involving appointments under AS 18.66.100(a) in petitions for protective orders 18 on behalf of a minor; and in cases involving indigent persons who are entitled to 19 representation under AS 18.85.100 and who cannot be represented by the public 20 defender agency because of a conflict of interests; 21 * Sec. 65. AS 44.28.020 is amended by adding a new subsection to read: 22 (b) The department shall, with the approval of the Council on Domestic 23 Violence and Sexual Assault, adopt standards, by regulation, for rehabilitation 24 programs for perpetrators of domestic violence as defined in AS 18.66.990. For 25 purposes of AS 12.55.101, AS 18.66.100(c), and AS 33.16.150(f), the department shall 26 determine whether a program meets the standards. 27 * Sec. 66. AS 47.17.020(a) is amended to read: 28 (a) The following persons who, in the performance of their occupational duties, 29 have reasonable cause to suspect that a child has suffered harm as a result of child 30 abuse or neglect shall immediately report the harm to the nearest office of the 31 department:
01 (1) practitioners of the healing arts; 02 (2) school teachers and school administrative staff members of public 03 and private schools; 04 (3) social workers; 05 (4) peace officers, and officers of the Department of Corrections; 06 (5) administrative officers of institutions; 07 (6) child care providers; 08 (7) paid employees of domestic violence and sexual assault programs, 09 and crisis intervention and prevention programs as defined in AS 18.66.990 10 [AS 18.66.900]; 11 (8) paid employees of an organization that provides counseling or 12 treatment to individuals seeking to control their use of drugs or alcohol. 13 * Sec. 67. AS 47.17 is amended by adding a new section to read: 14 Sec. 47.17.035. DUTIES OF DEPARTMENT IN DOMESTIC VIOLENCE 15 CASES. (a) In consultation with the Council on Domestic Violence and Sexual 16 Assault, the department shall develop written procedures for screening reports of harm 17 for abuse and neglect of a child to assess whether there is domestic violence occurring 18 within the family. The procedures must include the following factors: 19 (1) inquiry concerning the criminal records of the parents or of the 20 alleged abusive or neglectful person or the alleged perpetrator if not the parent of the 21 child; and 22 (2) inquiry concerning the existence of protective orders issued or filed 23 under AS 18.66.100 - 18.66.180 involving either parent as a petitioner or respondent. 24 (b) If the department determines in an investigation of abuse or neglect of a 25 child that 26 (1) the child is in danger because of domestic violence or that the child 27 needs protection as a result of the presence of domestic violence in the family, the 28 department shall take appropriate steps for the protection of the child; 29 (2) a person is the victim of domestic violence, the department shall 30 provide the victim with a written notice of the rights of and services available to 31 victims of domestic violence that is substantially similar to the notice provided to
01 victims of domestic violence under AS 18.65.520. 02 (c) For purposes of obtaining access to information needed to conduct the 03 inquiries required by (a)(1) and (2) of this section, the department is a criminal justice 04 agency conducting a criminal justice activity. 05 (d) A person may not bring a civil action for damages for a failure to comply 06 with the provisions of this section. 07 (e) In this section, 08 (1) "criminal justice activity" has the meaning given in AS 12.62.900; 09 (2) "criminal justice agency" has the meaning given in AS 12.62.900; 10 (3) "domestic violence" has the meaning given in AS 18.66.990. 11 * Sec. 68. Rule 3, Alaska Rules of Civil Procedure, is amended by adding a new 12 subsection to read: 13 (h) A petition or request for a protective order on domestic violence under 14 AS 18.66 may be filed in the judicial district 15 (1) where the petitioner currently or temporarily resides; 16 (2) where the respondent resides; or 17 (3) where the domestic violence occurred. 18 * Sec. 69. Rule 100(a), Alaska Rules of Civil Procedure, is amended to read: 19 (a) Application. At any time after a complaint is filed, a party may file a 20 motion with the court requesting mediation for the purpose of achieving a mutually 21 agreeable settlement. The motion must address how the mediation should be 22 conducted as specified in paragraph (b), including the names of any acceptable 23 mediators. If domestic violence has occurred between the parties and mediation 24 is requested in a matter covered by AS 25, mediation may only be ordered when 25 permitted under AS 25.20.080, AS 25.24.060, or 25.24.140. In matters not covered 26 by AS 25, the [THE] court may order mediation in response to such a motion, or on 27 its own motion, whenever it determines that mediation may result in an equitable 28 settlement. In making this determination, the court shall [MAY] consider whether 29 there is a history of domestic violence between the parties which could be expected 30 to affect the fairness of the mediation process or the physical safety of the domestic 31 violence victim. Mediation may not be ordered between the parties to, or in, a case
01 filed under AS 18.66.100 - 18.66.180 [AS 25.35.010 OR .020 AND CONDUCT 02 WHICH CONSTITUTES DOMESTIC VIOLENCE UNDER THESE STATUTES 03 MAY NOT BE THE SUBJECT OF MEDIATION UNDER THIS RULE]. 04 * Sec. 70. Rule 505(a)(2), Alaska Rules of Evidence, is amended to read: 05 (2) Exceptions. There is no privilege under this subdivision: 06 (A) In a civil proceeding brought by or on behalf of one spouse 07 against the other spouse; or 08 (B) In a proceeding to commit or otherwise place his spouse, 09 the property of his spouse, or both the spouse and the property of the spouse 10 under the control of another because of the alleged mental or physical condition 11 of the spouse; or 12 (C) In a proceeding brought by or on behalf of a spouse to 13 establish his competence; or 14 (D) In a proceeding in which one spouse is charged with: 15 (i) A crime against the person or the property of the 16 other spouse or of a child of either, whether such crime was committed 17 before or during marriage. 18 (ii) Bigamy, incest, adultery, pimping, or prostitution. 19 (iii) A crime related to abandonment of a child or 20 nonsupport of a spouse or child. 21 (iv) A crime prior to the marriage. 22 (v) A crime involving domestic violence as defined in 23 AS 18.66.990. 24 (E) In a proceeding involving custody of a child. 25 (F) Evidence derived from or related to a business relationship 26 involving the spouses. 27 * Sec. 71. AS 11.56.740(a)(2) is repealed. 28 * Sec. 72. AS 12.25.030(d); AS 12.61.900(1); AS 18.65.520(c); AS 18.66.900; 29 AS 25.35.010, 25.35.020, 25.35.030, 25.35.040, 25.35.050, and 25.35.200 are repealed. 30 * Sec. 73. REVISOR'S CHANGES. The revisor of statutes is requested to remove 31 AS 25.35.100 - 25.35.150 from AS 25 and place these provisions in AS 18, renumbered as
01 AS 18.66.200 - 18.66.250, and as a whole described as "Article 3. Confidential 02 Communications." The revisor is also requested to revise all statutory cross-references to 03 these statutes. 04 * Sec. 74. TRANSITION: EXISTING DOMESTIC VIOLENCE PROTECTIVE ORDERS. 05 A domestic violence order issued under former AS 25.35.010 or 25.35.020 and in effect on 06 the effective date of sec. 72 of this Act remains in effect until it expires under the terms of 07 the order and former AS 25.35.010 or 25.35.020 or is dissolved by the court, whichever occurs 08 earlier. 09 * Sec. 75. TRANSITION: REGULATIONS. Notwithstanding secs. 81, 83, and 84 of this 10 Act, the state agencies affected by this Act may proceed to adopt regulations necessary to 11 implement changes affecting the state agency that are enacted by this Act. The regulations 12 take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date 13 of the changes in law in this Act. 14 * Sec. 76. AS 18.66.150(d) and 18.66.160(c), added by sec. 33 of this Act, have the effect 15 of amending Rules 9(b)(11), 9(c)(3), and 9(e)(6), Alaska Rules of Administration, by 16 eliminating filing fees and service of process fees in domestic violence actions for protective 17 orders. 18 * Sec. 77. AS 18.66.160, added by sec. 33 of this Act, has the effect of amending Rule 4, 19 Alaska Rules of Civil Procedure, relating to service of process in domestic violence actions 20 for protective orders. 21 * Sec. 78. AS 18.66.110 - 18.66.130, added by sec. 33 of this Act, have the effect of 22 amending Rule 65(b) - (d), Alaska Rules of Civil Procedure, relating to temporary restraining 23 orders, the method of obtaining those orders, and the timing of those orders. 24 * Sec. 79. AS 12.61.127, added by sec. 29 of this Act, has the effect of amending Rule 25 613, Alaska Rules of Evidence, relating to impeachment of witnesses. 26 * Sec. 80. Sections 68 - 70 and 76 - 79 of this Act take effect only if secs. 68 - 70 and 76 27 - 79 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 28 Constitution of the State of Alaska. 29 * Sec. 81. If secs. 68 - 70 and 76 - 79 of this Act take effect under sec. 80 of this Act, 30 they take effect July 1, 1996. 31 * Sec. 82. Section 75 of this Act takes effect immediately under AS 01.10.070(c).
01 * Sec. 83. Except as provided in secs. 81, 82, and 84 of this Act, this Act takes effect 02 July 1, 1996. 03 * Sec. 84. Section 71 of this Act takes effect 90 days after the effective date of sec. 72 of 04 this Act.