HB 454: "An Act relating to domestic violence; amending Alaska Rule of Civil Procedure 3, Alaska Rule of Civil Procedure 100, Alaska Rule of Evidence 505, and Alaska Rule of Administration 9; and providing for an effective date."
00HOUSE BILL NO. 454 01 "An Act relating to domestic violence; amending Alaska Rule of Civil Procedure 02 3, Alaska Rule of Civil Procedure 100, Alaska Rule of Evidence 505, and 03 Alaska Rule of Administration 9; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. SHORT TITLE. This Act shall be known as the Domestic Violence 06 Prevention Act of 1996. 07 * Sec. 2. AS 09.60.070(c) is amended to read: 08 (c) In this section, "serious criminal offense" means the following offenses: 09 (1) murder in any degree; 10 (2) manslaughter; 11 (3) criminally negligent homicide; 12 (4) assault in any degree; 13 (5) kidnapping; 14 (6) sexual assault in any degree;
01 (7) sexual abuse of a minor in any degree; 02 (8) robbery in any degree; 03 (9) coercion; 04 (10) extortion; 05 (11) arson in any degree; 06 (12) burglary in any degree; 07 (13) criminal mischief in the first, second, or third degree; 08 (14) driving while intoxicated or another crime resulting from the 09 operation of a motor vehicle, boat, or airplane when the offender is intoxicated; 10 (15) a crime involving domestic violence, as defined in 11 AS 18.66.990. 12 * Sec. 3. AS 11.41.260(a) is amended to read: 13 (a) A person commits the crime of stalking in the first degree if the person 14 violates AS 11.41.270 and 15 (1) the actions constituting the offense are in violation of an order 16 issued or filed under AS 18.66.100 - 18.66.180 or issued under former 17 AS 25.35.010(b) or 25.35.020; 18 (2) the actions constituting the offense are in violation of a condition 19 of probation, release before trial, release after conviction, or parole; 20 (3) the victim is under 16 years of age; 21 (4) at any time during the course of conduct constituting the offense 22 the defendant possessed a deadly weapon; 23 (5) the defendant has been previously convicted of a crime under this 24 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 25 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 26 AS 11.56.740; or 27 (6) the defendant has been previously convicted of a crime, or an 28 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 29 11.41.300 - 11.41.460, AS 11.56.810, AS 11.61.120, or (B) a law or an ordinance of 30 this or another jurisdiction with elements similar to a crime, or an attempt or 31 solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460,
01 AS 11.56.810, or AS 11.61.120, involving the same victim as the present offense. 02 * Sec. 4. AS 11.41.270(b)(2) is amended to read: 03 (2) "family member" has the meaning given in AS 18.66.990 04 [MEANS A 05 (A) SPOUSE, CHILD, GRANDCHILD, PARENT, 06 GRANDPARENT, SIBLING, UNCLE, AUNT, NEPHEW, OR NIECE, OF 07 THE VICTIM, WHETHER RELATED BY BLOOD, MARRIAGE, OR 08 ADOPTION; 09 (B) PERSON WHO LIVES, OR HAS PREVIOUSLY LIVED, 10 IN A SPOUSAL RELATIONSHIP WITH THE VICTIM; 11 (C) PERSON WHO LIVES IN THE SAME HOUSEHOLD AS 12 THE VICTIM; OR 13 (D) PERSON WHO IS A FORMER SPOUSE OF THE 14 VICTIM OR IS OR HAS BEEN IN A DATING, COURTSHIP, OR 15 ENGAGEMENT RELATIONSHIP WITH THE VICTIM]; 16 * Sec. 5. AS 11.46.350(a) is amended to read: 17 (a) As used in AS 11.46.300 - 11.46.350, unless the context requires otherwise, 18 "enter or remain unlawfully" means to 19 (1) enter or remain in or upon premises or in a propelled vehicle when 20 the premises or propelled vehicle, at the time of the entry or remaining, is not open 21 to the public and when the defendant is not otherwise privileged to do so; 22 (2) fail to leave premises or a propelled vehicle that is open to the 23 public after being lawfully directed to do so personally by the person in charge; or 24 (3) enter or remain upon premises or in a propelled vehicle in violation 25 of a provision in an order issued or filed under AS 18.66.100 - 18.66.180 or issued 26 under former AS 25.35.010(b) or 25.35.020. 27 * Sec. 6. AS 11.56 is amended by adding a new section to read: 28 Sec. 11.56.741. VIOLATING A PROTECTIVE ORDER. (a) A person 29 commits the crime of violating a protective order if the person is subject to a 30 protective order and knowingly commits or attempts to commit an act in violation of 31 the protective order that grants the protection provided by AS 18.66.100(c)(1) - (7).
01 (b) It is not a defense to a prosecution under (a) of this section that the person 02 who obtained the protective order initiated the contact or invited the defendant into the 03 residence of that person, regardless of ownership of the residence, or into a propelled 04 vehicle in the possession of or occupied by that person. 05 (c) In this section "protective order" means an order issued or filed under 06 AS 18.66.100 - 18.66.180. 07 (d) Violation of this section is a class A misdemeanor. 08 * Sec. 7. AS 11.61.200(a)(8) is amended to read: 09 (8) violates AS 11.46.320 or 11.46.330 by entering or remaining 10 unlawfully on premises or in a propelled vehicle in violation of a provision of an order 11 issued or filed under AS 18.66.100 - 18.66.180 or issued under former 12 AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the person a 13 defensive weapon or a deadly weapon, other than an ordinary pocketknife; 14 * Sec. 8. AS 12.25.030(b) is repealed and reenacted to read: 15 (b) In addition to the authority granted by (a) of this section, a peace officer 16 (1) shall make an arrest under the circumstances described in 17 AS 18.65.530; 18 (2) without a warrant may arrest a person if the officer has probable 19 cause to believe the person has, either in or outside the presence of the officer 20 (A) committed a crime involving domestic violence, whether the 21 crime is a felony or a misdemeanor; 22 (B) committed the crime of violating a protective order in 23 violation of AS 11.56.741; or 24 (C) violated a condition of release imposed under AS 12.30.025. 25 (3) without a warrant may arrest a person when the peace officer has 26 reasonable cause for believing that the person 27 (A) has committed a crime under or violated conditions imposed 28 as part of the person's release before trial on misdemeanor charges brought 29 under AS 04.16.050 or an ordinance with similar elements; or 30 (B) has violated AS 04.16.050; however, unless there is a lawful 31 reason for further detention, a person who is under the age of 18 and who has
01 been arrested for violating AS 04.16.050 shall be cited for the offense and 02 released to the person's parent, guardian, or legal custodian. 03 * Sec. 9. AS 12.25.030 is amended by adding a new subsection to read: 04 (e) In this section, "crime involving domestic violence" has the meaning given 05 in AS 18.66.990. 06 * Sec. 10. AS 12.25.180(a) is amended to read: 07 (a) When a person is stopped or contacted by a peace officer for the 08 commission of a misdemeanor or the violation of a municipal ordinance, the person 09 may, in the discretion of the contacting peace officer, be issued a citation instead of 10 being taken before a judge or magistrate under AS 12.25.150, unless 11 (1) the person does not furnish satisfactory evidence of identity; 12 (2) the contacting officer has reasonable and probable cause to believe 13 the person is a danger to self or others; 14 (3) the crime for which the person is contacted is one involving 15 violence or harm to another person or to property; [OR] 16 (4) the person asks to be taken before a judge or magistrate under 17 AS 12.25.150; or 18 (5) the peace officer has probable cause to believe the person 19 committed a crime involving domestic violence; in this paragraph, "crime 20 involving domestic violence" has the meaning given in AS 18.66.990. 21 * Sec. 11. AS 12.30.025 is repealed and reenacted to read: 22 Sec. 12.30.025. RELEASE IN DOMESTIC VIOLENCE CASES. (a) Before 23 ordering release before or after trial, or pending appeal, of a person charged with or 24 convicted of a crime involving domestic violence, the court shall consider the safety 25 of the alleged victim or other family member. To protect the alleged victim, family 26 member, and the public and to reasonably assure the person's appearance, the court 27 may impose bail and may order any of the conditions authorized under AS 12.30.020, 28 AS 18.66.100(c)(1) - (7) and (11), and any other condition necessary to protect the 29 alleged victim, family member, and the public, and to ensure the appearance of the 30 person in court. 31 (b) A court may not order or permit a person released under (a) of this section
01 to return to the residence of the alleged victim or the residence of a petitioner who has 02 a protective order directed to the person and issued or filed under AS 18.66.100 - 03 18.66.180. 04 (c) If the court imposes conditions of release under (a) of this section, it shall 05 (1) issue a written order specifying the conditions of release; 06 (2) provide a copy of the order to the person arrested or charged; and 07 (3) immediately distribute a copy of the order to the law enforcement 08 agency that arrested the person. 09 (d) When a person is released from custody under (a) of this section, the 10 correctional institution shall notify the prosecuting authority. The prosecuting authority 11 shall make reasonable efforts to immediately notify the alleged victim of the release, 12 and to furnish the alleged victim with a copy of the order setting any conditions of 13 release. 14 (e) A person arrested for a crime involving domestic violence may not be 15 released from custody until the person has appeared in person or telephonically for 16 arraignment before a judicial officer. 17 (f) A person may not bring a civil action for damages for a failure to comply 18 with the provisions of this section. 19 * Sec. 12. AS 12.55.015 is amended by adding a new subsection to read: 20 (g) The court shall order the forfeiture to the arresting authority of a deadly 21 weapon that was in the actual possession of or used by the defendant during the 22 commission of a crime involving domestic violence. 23 * Sec. 13. AS 12.55 is amended by adding a new section to read: 24 Sec. 12.55.101. ADDITIONAL CONDITIONS OF PROBATION FOR 25 DOMESTIC VIOLENCE CRIMES. (a) Before granting probation to a person 26 convicted of a crime involving domestic violence, the court shall consider the safety 27 and protection of the victim and any member of the victim's family. If a person 28 convicted of a crime involving domestic violence is placed on probation, the court may 29 order the conditions authorized in AS 12.55.100 and AS 18.66.100(c)(1) - (7), and 30 (1) may, if available in the community where the defendant resides, 31 require the defendant to participate in and complete to the satisfaction of the court one
01 or more programs for the rehabilitation of perpetrators of domestic violence that meet 02 the standards set by the Department of Corrections under AS 44.28.020(b); 03 (2) may require the defendant to participate in treatment for the abuse 04 of alcohol or controlled substances; 05 (3) may order the defendant to undergo psychiatric or psychological 06 evaluation or treatment; and 07 (4) may impose any other condition necessary to protect the victim and 08 any members of the victim's family, or to rehabilitate the defendant. 09 (b) If the defendant is not in custody, the defendant shall pay the costs of an 10 evaluation or a program of rehabilitation or treatment ordered under (a)(1) - (3) of this 11 section. If the defendant is in custody, the defendant's responsibility for costs shall 12 be ordered under AS 33.30.028. 13 * Sec. 14. AS 12.55.135(c) is amended to read: 14 (c) A defendant convicted of assault in the fourth degree committed in 15 violation of the provisions of an order issued or filed under AS 18.66.100 - 18.66.180 16 or issued under former AS 25.35.010 or 25.35.020 shall be sentenced to a minimum 17 term of imprisonment of 20 days. 18 * Sec. 15. AS 12.55.185(3) is repealed and reenacted to read: 19 (3) "domestic violence" has the meaning given in AS 18.66.990; 20 * Sec. 16. AS 12.61.015(a) is amended to read: 21 (a) If a victim of a felony or a crime involving domestic violence 22 [ASSAULT] requests, the prosecuting attorney shall make a reasonable effort to 23 (1) confer with the person against whom the offense has been 24 perpetrated about the person's testimony before the defendant's trial; 25 (2) in a manner reasonably calculated to give prompt actual notice, 26 notify the victim 27 (A) of the defendant's conviction and the crimes of which the 28 defendant was convicted; 29 (B) of the victim's right in a case that is a felony to make a 30 written or oral statement for use in preparation of the defendant's presentence 31 report, and of the victim's right to appear personally at the defendant's
01 sentencing hearing to present a written statement and to give sworn testimony 02 or an unsworn oral presentation; 03 (C) of the address and telephone number of the office that will 04 prepare the presentence report; 05 (D) of the time and place of the sentencing proceeding; 06 (3) notify the victim in writing of the final disposition of the case 07 within 30 days after final disposition of the case; 08 (4) confer with the victim of a crime involving domestic violence 09 concerning a proposed plea agreement before entering into an agreement. 10 * Sec. 17. AS 12.61.120(b) is amended to read: 11 (b) If the defendant is proceeding without counsel in a case involving a 12 charged violation of AS 11.41, AS 11.46.300 - 11.46.330, AS 11.56.740, 13 AS 11.56.810, [OR] 11.61.190 - .210, or a crime involving domestic violence, and 14 the court finds that the defendant may pose a continuing threat to the victim of or 15 witness to the offense charged, the court shall protect the address and telephone 16 number of the victim or witness by providing the information only to a person 17 specified by the court or by imposing other restrictions that the court considers 18 necessary. When an address or telephone number is released to a person specified by 19 the court under this subsection, that person, who shall be ordered not to disclose the 20 information to the defendant, shall contact the victim or witness on behalf of the 21 defendant, and the defendant shall meet or speak with the victim or witness only in the 22 presence of that person. 23 * Sec. 18. AS 12.61.900 is amended by adding a new paragraph to read: 24 (3) "crime involving domestic violence" has the meaning given in 25 AS 18.66.990. 26 * Sec. 19. AS 12.62.900(22) is amended to read: 27 (22) "serious offense" means a conviction for a felony offense, a crime 28 involving domestic violence, or a violation or attempted violation of any of the 29 following laws, or of the laws of another jurisdiction with substantially similar 30 elements: 31 (A) AS 11.41.410 - 11.41.470;
01 (B) AS 11.51.130(a)(1),(3), or (5); 02 (C) AS 11.61.110(a)(7); 03 (D) AS 11.66.100 - 11.66.130; or 04 (E) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 05 11.40.420, if committed before January 1, 1980; 06 * Sec. 20. AS 12.62.900 is amended by adding a new paragraph to read: 07 (24) "crime involving domestic violence" has the meaning given in 08 AS 18.66.990. 09 * Sec. 21. AS 18.65.240(a) is amended to read: 10 (a) A person may not be appointed as a police officer, except on a 11 probationary basis, unless the person (1) has satisfactorily completed a basic program 12 of police training approved by the council, which includes at least 12 hours of 13 instruction regarding domestic violence as defined in AS 18.66.990, and (2) 14 possesses other qualifications the council has established for the employment of police 15 officers, including [BUT NOT LIMITED TO] minimum age, education, physical and 16 mental standards, citizenship, moral character, and experience. The council shall 17 prescribe the means of presenting evidence of fulfillment of these requirements. 18 * Sec. 22. AS 18.65.242(b) is amended to read: 19 (b) The council shall 20 (1) prescribe the means of presenting evidence of fulfillment of the 21 requirements set out in (a) of this section; and 22 (2) issue a certificate evidencing satisfaction of the requirements of (a) 23 of this section to an applicant who 24 (A) satisfies the requirements of (a)(1) of this section; and 25 (B) meets the minimum education standards of (a)(2) of this 26 section by satisfactorily completing a training program for correctional, 27 probation, or parole officers established under AS 18.65.230, including 28 training regarding domestic violence that contains the subjects set out in 29 AS 18.66.310(b), or a course of instruction in another jurisdiction equivalent 30 in content and quality to that required by the council for approved correctional, 31 probation, or parole officer education and training programs in this state.
01 * Sec. 23. AS 18.65.510(a) is amended to read: 02 (a) Each established police training program in the state shall provide training 03 that acquaints police officers 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 these 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(b). 19 * Sec. 24. AS 18.65.510(b) is amended to read: 20 (b) In providing a training program under this section, each agency or 21 institution offering an established police training program shall consult with the 22 Council on Domestic Violence and Sexual Assault and interested individuals and 23 organizations providing assistance to victims of domestic violence. 24 * Sec. 25. AS 18.65 is amended by adding a new section to read: 25 Sec. 18.65.515. DUTIES OF PEACE OFFICER IN A CRIME INVOLVING 26 DOMESTIC VIOLENCE. (a) A peace officer investigating a crime involving 27 domestic violence shall protect the victim and any member of the victim's family and 28 prevent further violence by 29 (1) seizing any deadly weapon used in the alleged domestic violence; 30 (2) transporting an adult victim and any member of the victim's family 31 from the place of the offense or the place of contact, to a location within the
01 community where the offense occurred that is a shelter, a safe home, or another 02 location in the community requested by the victim; 03 (3) assisting the victim in removing from the residence essential items 04 belonging to the victim, such as clothing, vehicles, medication, personal records, and 05 legal documents; 06 (4) assisting the victim and any member of the victim's family in 07 obtaining medical treatment necessitated by the offense, by contacting emergency 08 medical services or by transporting the victim to a local medical facility, if available 09 in the community where the offense occurred; and 10 (5) providing notice of the rights of victims and services available to 11 victims of domestic violence as provided in AS 18.65.520. 12 (b) A peace officer investigating a crime involving domestic violence may 13 seize a deadly weapon in plain view of the officer, or otherwise discovered in a legal 14 search, if the officer determines that seizure is necessary to protect the victim or the 15 victim's family from domestic violence, or to protect the officer or the public during 16 the investigation. The weapon may be returned to the owner no sooner than 24 hours 17 after the peace officer determines it is not needed as evidence. 18 * Sec. 26. AS 18.65.520(a) is repealed and reenacted to read: 19 (a) A peace officer investigating a crime involving domestic violence shall 20 orally and in writing inform the victim of the rights of victims of domestic violence 21 and the services available to them. The notice shall be in substantially the following 22 form: 23 If you are the victim of domestic violence and you believe that law 24 enforcement protection is needed for your physical safety, you have the right to request 25 that the officer assist in providing for your safety, including asking for an emergency 26 protective order. 27 You may also request the officer to assist you in obtaining your essential 28 personal belongings and locating and taking you to a safe place, including a designated 29 meeting place or shelter, the residence of a family member or friend, or a similar place 30 of safety. In some places in Alaska there are organizations that provide aid and shelter 31 to victims of domestic violence. The nearest organization is located at .
01 If you are in need of medical treatment, you may request that the officer assist 02 you in obtaining medical treatment. 03 You may obtain information about whether the prosecuting attorney will file 04 a criminal complaint about the domestic violence. Additionally, the victim/witness 05 assistance program of the Department of Law may be able to help you. This 06 information is available from the district attorney's office, which is located at 07 . 08 You also have the right to file a petition in court requesting a protective order 09 which may include any of the following provisions: 10 (1) prohibit your abuser from threatening to commit or committing 11 further acts of domestic violence; 12 (2) prohibit your abuser from harassing, telephoning, contacting or 13 otherwise communicating with you, directly or indirectly; 14 (3) remove your abuser from your residence; 15 (4) order your abuser to stay away from your residence, school, place 16 of employment, or any other specified place frequented by you or another designated 17 family member; 18 (5) prohibit your abuser from entering your vehicle or a vehicle you 19 occupy; 20 (6) prohibit your abuser from using or possessing a deadly weapon; 21 (7) direct your abuser to surrender any firearm owned or possessed by 22 that person; 23 (8) request a peace officer to accompany you to your residence to 24 ensure your safe possession of the residence, vehicle, or other items, or to ensure your 25 safe removal of personal items from the residence; 26 (9) grant you possession and use of a vehicle and other essential 27 personal effects; 28 (10) grant you temporary custody of your child or children; 29 (11) deny your abuser visitation with your child or children; 30 (12) specify arrangements for visitation, including supervised 31 visitation;
01 (13) require your abuser to pay certain costs and fees, such as rent or 02 mortgage payments, child support payments, medical expenses, expenses for shelter, 03 court costs, and attorney's fees; 04 (14) prohibit your abuser from consuming alcohol or controlled 05 substances; 06 (15) order your abuser to participate in a program for batterers; and 07 (16) other relief the court determines to be necessary for your safety. 08 The forms you need to obtain a protective order are available from the nearest 09 court. It is not necessary to have an attorney to obtain a protective order, but you may 10 consult an attorney if you choose. If you would like help obtaining a protective order, 11 you may contact the nearest domestic violence program located at . 12 The program can also tell you about other resources available in this community for 13 information about domestic violence, treatment of injuries, and places of safety and 14 shelter. 15 You may also qualify for compensation from the Violent Crimes Compensation 16 Board. The board may be contacted at . 17 * Sec. 27. AS 18.65 is amended by adding new sections to article 6 to read: 18 Sec. 18.65.530. MANDATORY ARREST FOR CRIMES INVOLVING 19 DOMESTIC VIOLENCE, VIOLATION OF PROTECTIVE ORDERS, AND 20 VIOLATION OF CONDITIONS OF RELEASE. (a) Except as provided in (b) or (c) 21 of this section, a peace officer, with or without a warrant, shall arrest a person if the 22 officer has probable cause to believe the person has, either in or outside the presence 23 of the officer, within the previous 12 hours 24 (1) committed domestic violence, except an offense under 25 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 26 (2) committed the crime of violating a protective order in violation of 27 AS 11.56.741; 28 (3) violated a condition of release imposed under AS 12.30.025. 29 (b) If a peace officer receives complaints of domestic violence from more than 30 one person arising from the same incident, the officer shall evaluate the conduct of 31 each person to determine who was the principal physical aggressor. If the officer
01 determines that one person was the principal physical aggressor, the other person or 02 persons need not be arrested. In determining whether a person is a principal physical 03 aggressor, the officer shall consider 04 (1) prior complaints of domestic violence; 05 (2) the relative severity of the injuries inflicted on each person; 06 (3) the likelihood of future injury from domestic violence to each 07 person; and 08 (4) whether one of the persons acted in defense of self or others. 09 (c) A peace officer is not required to make an arrest under (a) of this section 10 if the officer has received authorization not to arrest from a prosecuting attorney in the 11 jurisdiction in which the offense under investigation arose. 12 (d) When investigating a crime involving domestic violence, a peace officer 13 may not threaten or suggest the possible arrest of all persons involved in the same 14 incident in a manner that would have a tendency to discourage requests for 15 intervention by law enforcement in incidents involving domestic violence. 16 (e) In addition to the contents of any other report, a peace officer who does 17 not make an arrest after investigating a complaint of domestic violence, or who arrests 18 two or more persons based on the same incident, shall describe in writing the reasons 19 for not making an arrest or for arresting more than one person. 20 (f) A person may not bring a civil action for damages for a failure to comply 21 with the provisions of this section. 22 Sec. 18.65.540. CENTRAL REGISTRY OF PROTECTIVE ORDERS. (a) 23 The Department of Public Safety shall maintain a central registry of protective orders 24 issued by or filed with a court of this state under AS 18.66.100 - 18.66.180. The 25 registry must include for each protective order the names of the petitioner and 26 respondent, their dates of birth, and the conditions and duration of the order. The 27 registry shall retain a record of the protective order after it has expired. 28 (b) A peace officer receiving a protective order from a court under 29 AS 18.66.100 - 18.66.180 must take reasonable steps to ensure that the order is entered 30 into the central registry within 24 hours after being received. 31 (c) A petitioner or respondent who is the subject of a protective order may
01 request the Department of Public Safety to correct information about the order in the 02 central registry. The person requesting the correction has the burden of proving that 03 the information is inaccurate or incomplete. The person may appeal an adverse 04 decision to the court under applicable court rules for appealing the decision of an 05 administrative agency. On appeal, the appellant has the burden of showing that the 06 department's action was an abuse of discretion. An appeal filed under this subsection 07 may not collaterally attack a protective order, challenge the grounds upon which the 08 order was based, or challenge the evidence submitted in support of the order. 09 (d) The Department of Public Safety may adopt regulations to implement this 10 section. 11 (e) A person may not bring a civil action for damages for a failure to comply 12 with the provisions of this section. 13 Sec. 18.65.590. DEFINITIONS. In AS 18.65.510 - 18.65.590, "domestic 14 violence" has the meaning given in AS 18.66.990. 15 * Sec. 28. AS 18.65.705(4) is amended to read: 16 (4) has not been convicted, with the five years immediately preceding 17 the application, of, and is not currently charged under a complaint, information, 18 indictment, or presentment with, any of the following misdemeanor offenses or similar 19 laws of another jurisdiction: 20 (A) AS 11.41.230, 11.41.250, 11.41.270; 21 (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484; 22 (C) AS 11.51.130; 23 (D) AS 11.56.330, 11.56.340, former 11.56.350, 11.56.380, 24 11.56.545, 11.56.700, 11.56.710, 11.56.740, 11.56.741, 11.56.780, 11.56.790, 25 11.56.800, 11.56.805; 26 (E) AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240; 27 [OR] 28 (F) AS 11.71.050, 11.71.060; or 29 (G) a crime involving domestic violence as defined in 30 AS 18.66.990; 31 * Sec. 29. AS 18.65.705(13) is amended to read:
01 (13) is not now the respondent in a protective order under 02 AS 18.66.100 - 18.66.180 or the subject of an injunction under former 03 AS 25.35.010 - 25.35.020 unless the protective order or injunction has not been 04 dissolved or has expired; 05 * Sec. 30. AS 18.65.735(a) is amended to read: 06 (a) The department shall immediately suspend a permit to carry a concealed 07 handgun if a permittee is arrested for or formally charged with a crime that would 08 disqualify the permittee under AS 18.65.705(3) - (4) from being eligible for a permit 09 to carry a concealed handgun or is the respondent in a protective order under 10 AS 18.66.100 - 18.66.180 or the subject of an injunction under former 11 AS 25.35.010 - 25.35.020. A suspension of a permit remains in effect until the permit 12 is revoked under AS 18.65.740, the department has been notified of a disposition 13 favorable to the defendant or the defendant has been released from custody without 14 being charged, or the protective order under AS 18.66.100 - 18.66.180 or the 15 injunction under former AS 25.35.010 - 25.35.020 is dissolved or expires without 16 being renewed. In this subsection, "disposition favorable to the defendant" means a 17 dismissal by the prosecutor or an adjudication by a court other than a conviction or a 18 suspended imposition of sentence. 19 * Sec. 31. AS 18.66.050 is amended by adding new paragraphs to read: 20 (12) consult with the Department of Health and Social Services in the 21 formulation of standards and procedures for the delivery of services to victims of 22 domestic violence by health care facilities and practitioners of healing arts and 23 personnel in those facilities as required in AS 18.66.300; 24 (13) consult with the Alaska Police Standards Council and other police 25 training programs in the state to develop training programs regarding domestic violence 26 for police officers and for correction, probation, and parole officers; 27 (14) consult with public employers, the Alaska Supreme Court, school 28 districts, and prosecuting authorities who are required by AS 18.66.300 - 18.66.340 to 29 provide continuing education courses in domestic violence to employees. 30 * Sec. 32. AS 18.66 is amended by adding new sections to read: 31 ARTICLE 2. PROTECTIVE ORDERS.
01 Sec. 18.66.100. PROTECTIVE ORDERS: ELIGIBLE PETITIONERS; 02 RELIEF. (a) A person who is or has been a victim of a crime involving domestic 03 violence may file a petition in the district or superior court for a protective order 04 against a family member. A parent, guardian, or other representative may file a 05 petition for a protective order on behalf of a minor. The court may appoint a guardian 06 ad litem or attorney to represent the minor. 07 (b) When a petition for a protective order is filed, the court shall schedule a 08 hearing, and provide at least 10 days' notice to the respondent of the hearing and of 09 the respondent's right to appear and be heard, either in person or by an attorney. If 10 the court finds by a preponderance of evidence that the respondent has committed a 11 crime involving domestic violence against the petitioner, regardless of whether the 12 respondent appears at the hearing, the court may order any relief available under (c) 13 of this section. A protective order issued under this section is effective until further 14 order of the court. 15 (c) A protective order under this section may 16 (1) prohibit the respondent from threatening to commit or committing 17 domestic violence; 18 (2) prohibit the respondent from harassing, telephoning, contacting, or 19 otherwise communicating directly or indirectly with the petitioner; 20 (3) remove and exclude the respondent from the residence of the 21 petitioner, regardless of ownership of the residence; 22 (4) direct the respondent to stay away from the residence, school, or 23 place of employment of the petitioner or any specified place frequented by the 24 petitioner or any designated family member; 25 (5) prohibit the respondent from entering a propelled vehicle in the 26 possession of or occupied by the petitioner; 27 (6) prohibit the respondent from using or possessing a deadly weapon; 28 (7) direct the respondent to surrender any firearm owned or possessed 29 by the respondent; 30 (8) request a peace officer to accompany the petitioner to the 31 petitioner's residence to ensure that
01 (A) the petitioner safely obtains possession of the petitioner's 02 residence, vehicle, or personal items; or 03 (B) the petitioner is able to safely remove a vehicle or personal 04 items from the petitioner's residence; 05 (9) give the petitioner possession and use of a vehicle and other 06 essential personal items, regardless of ownership of the items; 07 (10) award temporary custody of a minor child to the petitioner; 08 (11) prohibit the respondent from consuming alcohol or controlled 09 substances; 10 (12) consider requests and arrangements for visitation of any minor 11 child; if the safety of the child and petitioner can be protected, the court may order 12 visitation under the conditions provided in AS 25.20.062; 13 (13) require the respondent to pay 14 (A) rent or make payment on a mortgage on petitioner's 15 residence; and 16 (B) support of the petitioner and any minor child if the 17 respondent is found to have a duty to support the petitioner or minor child; 18 (14) require the respondent to reimburse the petitioner or other person 19 for expenses associated with the domestic violence, including medical expenses, 20 counseling, shelter, and repair or replacement of damaged property; 21 (15) require the respondent to pay costs and fees incurred by the 22 petitioner in bringing the action under this chapter; 23 (16) order the respondent, at the respondent's expense, to participate in 24 (A) a program for the rehabilitation of perpetrators of domestic 25 violence that meets the standards set by the Department of Corrections under 26 AS 44.28.020(b); or 27 (B) treatment for the abuse of alcohol or controlled substances; 28 (17) order other relief the court determines necessary to protect the 29 petitioner or any family member. 30 (d) If the court issues a protective order under this section, it shall 31 (1) make reasonable efforts to ensure that the order is understood by
01 the petitioner and by the respondent, if present; and 02 (2) have the order delivered to the appropriate local law enforcement 03 agency for expedited service and for entry into the central registry of protective orders 04 under AS 18.65.540. 05 (e) A court may not deny a petition for a protective order under this section 06 solely because of a lapse of time between an act of domestic violence and the filing 07 of the petition. 08 Sec. 18.66.110. EX PARTE AND EMERGENCY PROTECTIVE ORDERS. 09 (a) A person who is a victim of a crime involving domestic violence may file a 10 petition under AS 18.66.100(a) and request an ex parte protective order. If the court 11 finds that the petition establishes probable cause that a crime involving domestic 12 violence has occurred and it is necessary to protect the petitioner from domestic 13 violence, the court shall ex parte and without notice or hearing issue a protective 14 order. An ex parte protective order may grant the protection provided by 15 AS 18.66.100(c)(1) - (11) and (17). An ex parte protective order expires 20 days after 16 it is issued, unless extended by the court for good cause or dissolved earlier by the 17 court. If a court issues an ex parte protective order, the court shall have the order 18 delivered to the appropriate local law enforcement agency for expedited service and 19 for entry into the central registry of protective orders under AS 18.65.540. 20 (b) A peace officer, on behalf of and with the consent of a victim of a crime 21 involving domestic violence, may request an emergency protective order from a 22 judicial officer. The request may be made orally or in writing, and in person or by 23 telephone. If the court finds probable cause that the victim is in immediate danger of 24 domestic violence based on an allegation of the recent commission of a crime 25 involving domestic violence, the court ex parte shall issue an emergency protective 26 order. In an emergency protective order, the court may grant the protection provided 27 by AS 18.66.100(c)(1) - (11) and (17). A court issuing an emergency protective order 28 shall schedule a hearing on the order within 72 hours after its issuance. An emergency 29 protective order expires 72 hours after it is issued unless dissolved earlier by the court. 30 (c) A peace officer who obtains an emergency protective order under (b) of 31 this section shall
01 (1) place the provisions of an oral order in writing on a form provided 02 by the court and file the written order with the issuing court by the end of the judicial 03 day after it was issued; 04 (2) provide a copy of the order to the petitioner; 05 (3) serve a copy of the order on the respondent; and 06 (4) comply with the requirements of AS 18.65.540 for providing the 07 order for entry into the central registry of protective orders under AS 18.65.540. 08 (d) A court may not deny a petition for an ex parte protective order filed under 09 (a) of this section solely because of a lapse of time between an act of domestic 10 violence and the filing of the petition. 11 Sec. 18.66.120. MODIFICATION OF PROTECTIVE ORDERS. (a) Either 12 the petitioner or the respondent may request modification of a protective order. If a 13 request is made for modification of 14 (1) an emergency protective order under AS 18.66.110(b), the court 15 shall schedule a hearing within 24 hours after the request or within 72 hours after 16 issuance of the order, whichever is earlier; 17 (2) an ex parte protective order under AS 18.66.110(a), the court shall 18 schedule a hearing within 72 hours after the request or within 20 days after issuance 19 of the order, whichever is earlier; or 20 (3) a protective order after notice and hearing under AS 18.66.100(b), 21 the court shall schedule a hearing within 30 days after the date the request is made. 22 (b) At a hearing for modification of a protective order, if the respondent raises 23 an issue not raised by the petitioner, the court may continue the hearing at the 24 petitioner's request. 25 (c) If the court modifies a protective order under this section, it shall issue a 26 modified order and shall 27 (1) make reasonable efforts to ensure that the order is understood by 28 the petitioner and by the respondent, if present at the hearing; and 29 (2) have the order delivered to the appropriate local law enforcement 30 agency for expedited service and for entry into the central registry of protective orders 31 under AS 18.65.540.
01 Sec. 18.66.130. SPECIFIC PROTECTIVE ORDERS. (a) If a respondent in 02 a protective order issued under AS 18.66.100 - 18.66.180 is prohibited from 03 communicating with the petitioner, excluded from the residence of the petitioner, or 04 ordered to stay away from the petitioner as provided in AS 18.66.100(c)(2) - (5), an 05 invitation by the petitioner to communicate, enter the residence or vehicle, or have 06 other prohibited contact with the petitioner does not waive or nullify any provision in 07 a protective order. 08 (b) A court may not grant protective orders against the petitioner and the 09 respondent in the same action under this chapter. 10 (c) A court may not order parties into mediation or refer them to mediation 11 for resolution of the issues arising from a petition for a protective order under 12 AS 18.66.100 - 18.66.180. 13 (d) In addition to other required information contained in a protective order, 14 the order must include in bold face type the following statements: 15 (1) "Violation of this order may be a misdemeanor, punishable by up 16 to one year of incarceration and up to a $5,000 fine." 17 (2) "If you are ordered to have no contact with the petitioner or to stay 18 away from the petitioner's residence, vehicle, or other place designated by the court, 19 an invitation by the petitioner to have the prohibited contact or to be present at or enter 20 the residence, vehicle, or other place does not in any way invalidate or nullify the 21 order." 22 (e) A protective order issued under this chapter is in addition to and not in 23 place of any other civil or criminal remedy. A petitioner is not barred from seeking 24 an order under AS 18.66.100 - 18.66.180 because of the existence of another civil 25 action between the petitioner and respondent. 26 Sec. 18.66.140. FILING AND ENFORCEMENT OF PROTECTIVE ORDERS 27 ISSUED IN OTHER STATES. (a) A certified copy of a protective order issued in 28 another state may be filed with the clerk of court in any judicial district in this state. 29 (b) A protective order filed in accordance with (a) of this section has the same 30 effect and must be enforced in the same manner as a protective order issued by a court 31 of this state.
01 (c) When a protective order is filed with the court under this section, the court 02 shall have the order delivered to the appropriate local law enforcement agency for 03 expedited service and for entry into the central registry of protective orders under 04 AS 18.65.540. 05 Sec. 18.66.150 FORMS FOR PETITIONS AND ORDERS; FEES. (a) The 06 Alaska Court System, after consulting with the Council on Domestic Violence and 07 Sexual Assault and other interested persons and organizations, shall prepare forms for 08 petitions, protective orders, and instructions for their use by a person seeking a 09 protective order under this chapter. The forms shall conform to the Alaska Rules of 10 Civil Procedure, except that information requested on the forms may be provided in 11 legible handwriting. 12 (b) In addition to other information required, a petition for a protective order 13 must include a statement of pending civil actions or domestic violence criminal actions 14 involving either the petitioner or the respondent. While a protective order is in effect 15 or a petition for protective order is pending, both the petitioner and respondent have 16 a continuing duty to inform the court of pending civil actions or domestic violence 17 criminal actions involving either the petitioner or the respondent. 18 (c) The office of the clerk of each superior and district court shall make the 19 forms and instructions for petitions for protective orders available to the public. The 20 clerk shall provide forms for service of process, forms required by AS 25.30 (Uniform 21 Child Custody Jurisdiction Act), and assistance in completing the forms and filing the 22 petition. 23 (d) Filing fees may not be charged in any action seeking only the relief 24 provided in this chapter. 25 Sec. 18.66.160. SERVICE OF PROCESS. (a) Process issued under this 26 chapter shall be promptly served and executed. If process is to be served upon a 27 person believed to be present or residing in a municipality, as defined in AS 29.71.800, 28 or in an unincorporated community, process shall be served by a peace officer of that 29 municipality or unincorporated community who has jurisdiction within the area of 30 service. If a peace officer of the municipality or unincorporated community who has 31 jurisdiction is not available, a superior court, district court, or magistrate may designate
01 any other peace officer to serve and execute process. A state peace officer shall serve 02 process in any area that is not within the jurisdiction of a peace officer of a 03 municipality or unincorporated community. A peace officer shall use every reasonable 04 means to serve process issued under this chapter. 05 (b) Service of process under (a) of this section does not preclude a petitioner 06 from using any other available means to serve process issued under this chapter. 07 (c) Fees for service of process may not be charged in any proceeding seeking 08 only the relief provided in this chapter. 09 Sec. 18.66.170. NOTIFICATION OF LAW ENFORCEMENT AGENCIES. 10 When a court issues or accepts for filing a protective order under this chapter, it shall 11 send a copy of the order to the appropriate local law enforcement agency. Each law 12 enforcement agency shall establish procedures to inform peace officers of protective 13 orders. Peace officers shall use every reasonable means to enforce a protective order 14 issued or filed under this chapter. 15 Sec. 18.66.180. CIVIL LIABILITY. A person may not bring a civil action for 16 damages for any failure to comply with the provisions of this chapter. 17 * Sec. 33. AS 18.66 is amended by adding new sections to read: 18 ARTICLE 4. EDUCATION AND PREVENTION. 19 Sec. 18.66.300. STANDARDS AND PROCEDURES FOR HEALTH CARE 20 IN DOMESTIC VIOLENCE CASES. (a) The Department of Health and Social 21 Services shall adopt standards and procedures for the delivery of services to victims 22 of domestic violence by health care facilities and practitioners of the healing arts and 23 personnel in those facilities. The standards and procedures shall be formulated in 24 consultation with the Council on Domestic Violence and Sexual Assault, the 25 Department of Commerce and Economic Development, private agencies that provide 26 services for victims of domestic violence, and persons with expertise in providing 27 health care and other services to victims of domestic violence. 28 (b) The Department of Health and Social Services shall make available to 29 health care facilities and practitioners of the healing arts and personnel in those 30 facilities a written notice of the rights of victims of domestic violence and the services 31 available to them. The notice shall be substantially similar to the notice provided in
01 AS 18.65.520(a). 02 (c) The Department of Health and Social Services may adopt regulations to 03 implement and interpret this section. 04 Sec. 18.66.310. CONTINUING EDUCATION FOR PUBLIC EMPLOYEES. 05 (a) Employers of state or local public employees shall, in consultation with the 06 Council on Domestic Violence and Sexual Assault, provide continuing education in 07 domestic violence for the public employees who work with children and families or 08 who are required by law to report abuse or neglect of children. 09 (b) The continuing education must include information on the following 10 subjects: 11 (1) the nature, extent, and causes of domestic violence; 12 (2) procedures designed to promote the safety of the victim and other 13 family members; 14 (3) resources available to victims and perpetrators of domestic violence; 15 (4) sensitivity to gender bias and cultural, racial, and sexual issues 16 related to domestic violence; and 17 (5) the lethality of domestic violence. 18 (c) In this section "public employee" means a person employed by the state 19 or local government who works in any of the following disciplines: 20 (1) workers in children's protective services; 21 (2) psychologists; 22 (3) social workers; 23 (4) guardians ad litem; 24 (5) mediators; or 25 (6) custody evaluators. 26 Sec. 18.66.320. CONTINUING EDUCATION FOR EMPLOYEES OF 27 PUBLIC SCHOOLS. School districts in the state shall, in consultation with the 28 Council on Domestic Violence and Sexual Assault, provide continuing education in 29 domestic violence for employees of public schools who are required to report abuse 30 or neglect of children. The continuing education must include the subject matter 31 described in AS 18.66.310(b) and information concerning domestic violence issues as
01 they relate to children. 02 Sec. 18.66.330. CONTINUING EDUCATION FOR COURT SYSTEM 03 EMPLOYEES. The Alaska Supreme Court shall, in consultation with the Council on 04 Domestic Violence and Sexual Assault, provide continuing education in domestic 05 violence for judicial officers and court personnel who have contact with parties 06 involved in domestic violence. The continuing education must include the subject 07 matter described in AS 18.66.310(b). 08 Sec. 18.66.340. CONTINUING EDUCATION FOR PROSECUTING 09 AUTHORITIES. The Department of Law and other prosecuting authorities in the state 10 shall, in consultation with the Council on Domestic Violence and Sexual Assault, 11 provide continuing education in domestic violence for prosecuting attorneys and other 12 employees who have contact with persons involved in domestic violence. The 13 continuing education must include the subject matter described in AS 18.66.310(b). 14 * Sec. 34. AS 18.66 is amended by adding a new section to read: 15 ARTICLE 5. GENERAL PROVISIONS. 16 Sec. 18.66.990. DEFINITIONS. In this chapter, 17 (1) "council" means the Council on Domestic Violence and Sexual 18 Assault; 19 (2) "crisis intervention and prevention program" means a community 20 program that provides information, education, counseling, and referral services to 21 individuals experiencing personal crisis related to domestic violence or sexual assault 22 and to individuals in personal or professional transition, excluding correctional half- 23 way houses, outpatient mental health programs, and drug or alcohol rehabilitation programs; 24 (3) "domestic violence" and "crime involving domestic violence" mean 25 one or more of the following offenses, or an attempt to commit the offense, by a 26 family member against another family member: 27 (A) a crime against the person under AS 11.41; 28 (B) burglary under AS 11.46.300 - 11.46.310; 29 (C) criminal trespass under AS 11.46.320 - 11.46.330; 30 (D) arson or criminally negligent burning under AS 11.46.400 - 31 11.46.430;
01 (E) criminal mischief under AS 11.46.480 - 11.46.486; 02 (F) terroristic threatening under AS 11.56.810; 03 (G) violating a domestic violence restraining order under 04 AS 11.56.740 or violating a protective order under AS 11.56.741; or 05 (H) harassment under AS 11.61.120(a)(2) - (4); 06 (4) "domestic violence program" means a program that provides 07 services to the victims of domestic violence, their families, or perpetrators of domestic 08 violence; 09 (5) "family member" includes 10 (A) adults or minors who are current or former spouses; 11 (B) adults or minors who live together or who have lived 12 together; 13 (C) adults or minors who are dating or who have dated; 14 (D) adults or minors who are engaged in or who have engaged 15 in a sexual relationship; 16 (E) adults or minors who are related by blood or adoption; 17 (F) adults or minors who are related or formerly related by 18 marriage; 19 (G) persons who have a child of the relationship; and 20 (H) minor children of a person in a relationship that is described 21 in (A) - (G) of this paragraph; 22 (6) "local community entity" means a city or borough or other political 23 subdivision of the state, a nonprofit organization, or a combination of these; 24 (7) "judicial day" means any Monday through Friday that is not a state 25 holiday and on which the court clerk's offices are officially opened to receive legal 26 documents for filing; 27 (8) "petitioner" includes a person on whose behalf an emergency 28 protective order has been requested under AS 18.66.110(b); 29 (9) "sexual assault" means a crime specified in AS 11.41.410 - 30 11.41.450; 31 (10) "sexual assault program" means a program that provides services
01 to the victims of sexual assault, their families, or perpetrators of sexual assault. 02 * Sec. 35. AS 22.10.020(a) is amended to read: 03 (a) The superior court is the trial court of general jurisdiction, with original 04 jurisdiction in all civil and criminal matters, including probate and guardianship of 05 minors and incompetents. Except for a petition for a protective order [INJUNCTIVE 06 RELIEF] under AS 18.66.100 - 18.66.180 [AS 25.35.010 OR 25.35.020], an action that 07 falls within the concurrent jurisdiction of the superior court and the district court may 08 not be filed in the superior court, except as provided by rules of the supreme court. 09 * Sec. 36. AS 22.15.030(a)(10) is amended to read: 10 (10) over cases involving protective orders [INJUNCTIVE RELIEF] 11 for domestic violence under AS 18.66.100 - 18.66.180 [AS 25.35.010 AND 25.35.020]. 12 * Sec. 37. AS 22.15.030(b) is amended to read: 13 (b) Insofar as the civil jurisdiction of the district courts and the superior court 14 is the same, the jurisdiction is concurrent. Except for a petition for a protective order 15 [INJUNCTIVE RELIEF] under AS 18.66.100 - 18.66.180 [AS 25.35.010 OR 16 25.35.020], an action that falls within the concurrent jurisdiction of the superior court 17 and the district court may not be filed in the superior court, except as provided by 18 rules of the supreme court. 19 * Sec. 38. AS 22.15.100(9) is amended to read: 20 (9) to issue a protective order [TEMPORARY ORDER FOR 21 INJUNCTIVE RELIEF] in cases involving domestic violence as provided in 22 AS 18.66.100 - 18.66.180 [AS 25.35.010 AND 25.35.020]; 23 * Sec. 39. AS 22.20.110 is amended to read: 24 Sec. 22.20.110. DUTY OF THE COMMISSIONER IN THE COURT OF 25 APPEALS, THE SUPERIOR COURT AND DISTRICT COURTS. When required by 26 the supreme court, and except as otherwise provided in AS 18.66.160 [AS 25.35.040], 27 the commissioner shall serve and execute all process issued by the court of appeals, 28 the superior court, and the district courts; attend to and wait upon grand and petit 29 juries; maintain order; attend the sessions of the courts; and exercise the power and 30 perform the duties concerning all matters within the jurisdiction of the courts as may 31 be assigned. The commissioner is the executive officer of the court of appeals, the
01 superior court, and district courts. 02 * Sec. 40. AS 25.20.060(a) is amended to read: 03 (a) If there is a dispute over child custody, either parent may petition the 04 superior court for resolution of the matter under AS 25.20.060 - 25.20.130. The court 05 shall award custody on the basis of the best interests of the child. In determining the 06 best interests of the child, the court shall consider all relevant factors including the 07 provisions of AS 25.20.061 and those factors enumerated in AS 25.24.150(c). In a 08 custody determination under this section, the court shall provide for visitation by a 09 grandparent or other person if that is in the best interests of the child. 10 * Sec. 41. AS 25.20.060(b) is amended to read: 11 (b) Except as provided in AS 25.20.061, neither [NEITHER] parent, 12 regardless of the question of the child's legitimacy, is entitled to preference in the 13 awarding of custody. 14 * Sec. 42. AS 25.20.060 is amended by adding a new subsection to read: 15 (d) If the court finds that a parent or child is a victim of domestic violence, 16 the court may order that the address of the parent or child be kept confidential in the 17 proceedings. 18 * Sec. 43. AS 25.20 is amended by adding new sections to read: 19 Sec. 25.20.061. PRESUMPTIONS IN PROCEEDINGS INVOLVING 20 DOMESTIC VIOLENCE. (a) If the court finds in a proceeding involving child 21 custody that domestic violence has occurred, rebuttable presumptions arise that it is 22 (1) detrimental to the child and not in the best interest of the child to 23 be placed in sole custody, joint legal custody, or joint physical custody with the 24 perpetrator of the domestic violence; and 25 (2) in the best interest of the child to reside with the parent who is not 26 a perpetrator of domestic violence in a location of that parent's choice, inside or 27 outside the state. 28 (b) In addition to the rebuttable presumptions that a court must consider under 29 (a) of this section, if the court finds that domestic violence has occurred, the court 30 shall consider the following factors in making an award of child custody: 31 (1) the safety and well-being of the child or of the parent who is the
01 victim of domestic violence; 02 (2) the perpetrator's history of causing physical harm, bodily injury, 03 assault, or causing reasonable fear of physical harm, bodily injury, or assault, to 04 another person. 05 (c) If a parent is absent or relocates because of an act of domestic violence by 06 the other parent, the court may not consider the absence or relocation as a factor 07 against that parent in determining custody. 08 Sec. 25.20.062. VISITATION IN PROCEEDINGS INVOLVING DOMESTIC 09 VIOLENCE. (a) A court may award visitation to a parent who has committed 10 domestic violence only if the court finds the safety of the child and the other parent 11 can be protected. 12 (b) If visitation is awarded under (a) of this section, the court may set 13 conditions for the visitation, including 14 (1) the transfer of the child for visitation occur in a protected setting; 15 (2) visitation is supervised by another person or agency and under 16 specified conditions as ordered by the court; 17 (3) the perpetrator attend and complete, to the satisfaction of the court, 18 a program for the rehabilitation of perpetrators of domestic violence that meets the 19 standards set by the Department of Corrections under AS 44.28.020(b), or other 20 counseling; the perpetrator shall be required to pay the costs of the program or other 21 counseling; 22 (4) the perpetrator abstain from possession or consumption of alcohol 23 or controlled substances during the visitation and for 24 hours before visitation; 24 (5) the perpetrator pay costs of supervised visitation as set by the court; 25 (6) the prohibition of overnight visitation; 26 (7) the perpetrator post a bond to the court for the return and safety of 27 the child; and 28 (8) any other condition necessary for the safety of the child, the other 29 parent, or other family member. 30 * Sec. 44. AS 25.20.070 is amended to read: 31 Sec. 25.20.070. TEMPORARY CUSTODY OF THE CHILD. Unless it is
01 shown to be detrimental to the welfare of the child or the court determines that 02 domestic violence has occurred, the child shall have, to the greatest degree practical, 03 equal access to both parents during the time that the court considers an award of 04 custody under AS 25.20.060 - 25.20.130. 05 * Sec. 45. AS 25.20.080(a) is amended to read: 06 (a) Except as provided in (f) and (g) of this section, at [AT] any time within 07 30 days after a petition for child custody is filed under AS 25.20.060 the court may 08 order the parties to submit to mediation. Each party has [SHALL HAVE] the right 09 to challenge peremptorily one mediator appointed. 10 * Sec. 46. AS 25.20.080 is amended by adding new subsections to read: 11 (f) The court may not order or refer parties to mediation in a proceeding 12 concerning custody or visitation of a child if a protective order issued or filed under 13 AS 18.66.100 - 18.66.180 is in effect. The court may not order or refer parties to 14 mediation if a party objects on the grounds that domestic violence has occurred 15 between the parties unless the court finds that the conditions of (g)(1) - (3) of this 16 section are met. 17 (g) A mediator who receives a referral or order from a court to conduct 18 mediation under (a) of this section shall evaluate whether domestic violence has 19 occurred between the parties. A mediator may not engage in mediation when it 20 appears to the mediator, or when either party asserts, that domestic violence has 21 occurred unless 22 (1) mediation is requested by the victim of the alleged domestic 23 violence; 24 (2) mediation is provided by a mediator who is trained in domestic 25 violence in a manner that protects the safety of the victim and any family member, 26 taking into account the results of an assessment of the potential danger posed by the 27 perpetrator and the risk of harm to the victim; and 28 (3) the victim is permitted to have in attendance a person of the 29 victim's choice, including an attorney. 30 * Sec. 47. AS 25.20.090 is amended to read: 31 Sec. 25.20.090. FACTORS FOR CONSIDERATION IN AWARDING
01 SHARED CHILD CUSTODY. In determining whether to award shared custody of a 02 child the court shall consider 03 (1) presumptions under AS 25.20.061; 04 (2) the child's preference if the child is of sufficient age and capacity 05 to form a preference; 06 (3) [(2)] the needs of the child; 07 (4) [(3)] the stability of the home environment likely to be offered by 08 each parent; 09 (5) [(4)] the education of the child; 10 (6) [(5)] the advantages of keeping the child in the community where 11 the child presently resides; 12 (7) [(6)] the optimal time for the child to spend with each parent 13 considering 14 (A) the actual time spent with each parent; 15 (B) the proximity of each parent to the other and to the school 16 in which the child is enrolled; 17 (C) the feasibility of travel between the parents; 18 (D) special needs unique to the child that may be better met by 19 one parent than the other; 20 (E) which parent is more likely to encourage frequent and 21 continuing contact with the other parent; 22 (8) [(7)] any findings and recommendations of a neutral mediator; 23 (9) [(8)] any evidence of domestic violence, child abuse, or child 24 neglect in the proposed custodial household or a history of violence between the 25 parents; 26 (10) [(9)] evidence that substance abuse by either parent or other 27 members of the household directly affects the emotional or physical well-being of the 28 child; 29 (11) [(10)] other factors the court considers pertinent. 30 * Sec. 48. AS 25.20.110 is amended by adding a new subsection to read: 31 (c) In a proceeding involving the modification of an award for custody of a
01 child or visitation with a child, a finding that domestic violence has occurred since the 02 last custody or visitation determination is a finding of change of circumstances under 03 (a) of this section. 04 * Sec. 49. AS 25.24.060(a) is amended to read: 05 (a) Except as provided in (f) and (g) of this section, at [AT] any time within 06 30 days after a complaint or cross-complaint in a divorce action is filed, a party to the 07 action may file a motion with the court requesting mediation, for the purpose of 08 achieving a mutually agreeable settlement in termination of the marriage. When a 09 party moves for settlement mediation, the other party shall answer the motion on the 10 record, and the judge may order mediation. When no request for mediation is made, 11 the court may at any time order the parties to submit to mediation if it is determined 12 that mediation may result in a more satisfactory settlement between the parties. 13 * Sec. 50. AS 25.24.060 is amended by adding new subsections to read: 14 (f) The court may not order or refer parties to mediation in a divorce 15 proceeding if a protective order issued or filed under AS 18.66.100 - 18.66.180 is in 16 effect. The court may not order or refer parties to mediation if a party objects on the 17 grounds that domestic violence has occurred between the parties unless the court finds 18 that the conditions of (g)(1) - (3) of this section are met. 19 (g) A mediator who receives a referral or order from a court to conduct 20 mediation under (a) of this section shall evaluate whether domestic violence has 21 occurred between the parties. A mediator may not engage in mediation when it 22 appears to the mediator, or when either party asserts, that domestic violence has 23 occurred unless 24 (1) mediation is requested by the victim of the alleged domestic 25 violence; 26 (2) mediation is provided by a mediator who is trained in domestic 27 violence in a manner that protects the safety of the victim and any family member, 28 taking into account the results of an assessment of the potential danger posed by the 29 perpetrator and the risk of harm to the victim; and 30 (3) the victim is permitted to have in attendance a person of the 31 victim's choice, including an attorney.
01 * Sec. 51. AS 25.24.140(b) is amended to read: 02 (b) During the pendency of the action, upon application, a spouse is entitled 03 to necessary protective orders, including orders 04 (1) providing for the freedom of each spouse from the control of the 05 other spouse; 06 (2) for protection under AS 18.66.100 - 18.66.180 [RESTRAINING 07 EACH SPOUSE FROM SUBJECTING THE OTHER SPOUSE OR ANOTHER 08 PERSON LIVING IN THE HOUSEHOLD TO DOMESTIC VIOLENCE, AS 09 DEFINED IN AS 25.35.200]; 10 (3) directing one spouse to vacate the marital residence or the home of 11 the other spouse; 12 (4) restraining a spouse from communicating directly or indirectly with 13 the other spouse; 14 (5) restraining a spouse from entering a propelled vehicle in the 15 possession of or occupied by the other spouse; and 16 (6) prohibiting a spouse from disposing of the property of either spouse 17 or marital property without the permission of the other spouse or a court order. 18 * Sec. 52. AS 25.24.140(c) is amended to read: 19 (c) Except as provided in (d) and (e) of this section, after [AFTER] a 20 hearing, if both parties agree, the court may also order that the parties engage in 21 personal or family counseling or mediation. In the order, the court shall provide for 22 the payment of the costs of the counseling or mediation. 23 * Sec. 53. AS 25.24.140 is amended by adding new subsections to read: 24 (d) The court may not order or refer parties to mediation under (c) of this 25 section if a protective order issued or filed under AS 18.66.100 - 18.66.180 is in effect. 26 The court may not order or refer parties to mediation if a party objects on the grounds 27 that domestic violence has occurred between the parties unless the court finds that the 28 conditions of (e)(1) - (3) of this section are met. 29 (e) A mediator who receives a referral or order from a court to conduct 30 mediation under (c) of this section shall evaluate whether domestic violence has 31 occurred between the parties. A mediator may not engage in mediation when it
01 appears to the mediator, or when either party asserts, that domestic violence has 02 occurred unless 03 (1) mediation is requested by the victim of the alleged domestic 04 violence; 05 (2) mediation is provided by a mediator who is trained in domestic 06 violence in a manner that protects the safety of the victim and any family member, 07 taking into account the results of an assessment of the potential danger posed by the 08 perpetrator and the risk of harm to the victim; and 09 (3) the victim is permitted to have in attendance a person of the 10 victim's choice, including an attorney. 11 * Sec. 54. AS 25.24.150(c) is amended to read: 12 (c) The court shall determine custody in accordance with the best interests of 13 the child under AS 25.20.060 - 25.20.130. In determining the best interests of the 14 child the court shall consider 15 (1) presumptions under AS 25.20.061; 16 (2) the physical, emotional, mental, religious, and social needs of the 17 child; 18 (3) [(2)] the capability and desire of each parent to meet these needs; 19 (4) [(3)] the child's preference if the child is of sufficient age and 20 capacity to form a preference; 21 (5) [(4)] the love and affection existing between the child and each 22 parent; 23 (6) [(5)] the length of time the child has lived in a stable, satisfactory 24 environment and the desirability of maintaining continuity; 25 (7) [(6)] the desire and ability of each parent to allow an open and 26 loving frequent relationship between the child and the other parent; 27 (8) [(7)] any evidence of domestic violence, child abuse, or child 28 neglect in the proposed custodial household or a history of violence between the 29 parents; 30 (9) [(8)] evidence that substance abuse by either parent or other 31 member of the household directly affects the emotional or physical well-being of the
01 child; 02 (10) [(9)] other factors that the court considers pertinent. 03 * Sec. 55. AS 25.24.210(e) is amended to read: 04 (e) If the petition is filed by both spouses under AS 25.24.200(a), the petition 05 must state in detail the terms of the agreement between the spouses concerning the 06 custody of children, child support, visitation, spousal maintenance and tax 07 consequences, if any, and fair and just division of property, including retirement 08 benefits. Agreements on spousal maintenance and property division must fairly 09 allocate the economic effect of dissolution and take into consideration the factors listed 10 in AS 25.24.160(a)(2) and (4). In addition, the petition must state 11 (1) the respective occupations of the petitioners; 12 (2) the income, assets, and liabilities of the respective petitioners at the 13 time of filing the petition; 14 (3) the date and place of the marriage; 15 (4) the name, date of birth, and current marital, educational, and 16 custodial status of each child born of the marriage or adopted by the petitioners who 17 is under the age of 19; 18 (5) whether the wife is pregnant; 19 (6) whether either petitioner requires medical care or treatment; 20 (7) whether any of the following [A DOMESTIC VIOLENCE 21 COMPLAINT] has been filed during the marriage regarding [BY] a family member: 22 (A) a criminal charge of a crime involving domestic 23 violence; 24 (B) a petition or request for 25 (i) a protective order under AS 18.66.100 - 18.66.180; 26 or 27 (ii) injunctive relief under former AS 25.35.010 or 28 25.35.020; or 29 (C) a protective order issued in another state and filed with 30 the court in this state under AS 18.66.140 [OF THE HOUSEHOLD]; 31 (8) whether either petitioner has received the advice of legal counsel
01 regarding a divorce or dissolution; 02 (9) other facts and circumstances that the petitioners believe should be 03 considered; 04 (10) that the petition constitutes the entire agreement between the 05 petitioners; and 06 (11) any other relief sought by the petitioners. 07 * Sec. 56. AS 25.24.220(h) is amended to read: 08 (h) In its examination of a petitioner under (d) of this section, the court shall 09 use a heightened level of scrutiny of agreements if 10 (1) one party is represented by counsel and the other is not; 11 (2) there is evidence of [A] domestic violence [COMPLAINT] during 12 the marriage or if any of the following has been filed during the marriage 13 regarding [BY] a family member: 14 (A) a criminal charge of a crime involving domestic 15 violence; 16 (B) a petition or request for 17 (i) a protective order under AS 18.66.100 - 18.66.180; 18 or 19 (ii) injunctive relief under former AS 25.35.010 or 20 25.35.020; or 21 (C) a protective order issued in another state and filed with 22 the court in this state under AS 18.66.140 [OF THE FAMILY OR THERE 23 IS EVIDENCE OF DOMESTIC VIOLENCE DURING THE MARRIAGE]; 24 (3) there is a minor child of the marriage; or 25 (4) there is a patently inequitable division of the marital estate. 26 * Sec. 57. AS 25 is amended by adding a new chapter to read: 27 CHAPTER 90. GENERAL PROVISIONS. 28 Sec. 25.90.010. DEFINITIONS. In this title, "domestic violence" and "crime 29 involving domestic violence" have the meaning given in AS 18.66.990. 30 * Sec. 58. AS 33.16.120 is amended by adding a new subsection to read: 31 (g) A victim of a crime involving domestic violence shall be informed by the
01 board at least 30 days in advance of a scheduled hearing to review or consider 02 discretionary parole for a prisoner. The board shall inform the victim of any decision 03 to grant or deny discretionary parole or to release the prisoner under AS 33.16.010(c). 04 If the prisoner is to be released, the victim shall be notified of the expected date of the 05 release, the geographic area in which the prisoner will reside, and any other 06 information concerning conditions of release that may affect the victim. The victim 07 shall also be informed of any changes in the conditions of release that may affect the 08 victim. The board shall send the notice required to the last known address of the 09 victim. A person may not bring a civil action for damages for a failure to comply 10 with the provisions of this subsection. 11 * Sec. 59. AS 33.16 is amended by adding a new section to read: 12 Sec. 33.16.155. CONDITIONS OF PAROLE IN DOMESTIC VIOLENCE 13 CASES. (a) In addition to other conditions of parole imposed under AS 33.16.150, 14 the board may impose as a condition of discretionary or mandatory parole for a 15 prisoner serving a term for a crime involving domestic violence 16 (1) any of the terms of protective orders under AS 18.66.100(c)(1) - 17 (7); 18 (2) a requirement that, at the prisoner's expense, the prisoner participate 19 in and complete, to the satisfaction of the board, a program for the rehabilitation of 20 perpetrators of domestic violence that meets the standards set by the department under 21 AS 44.28.020(b); and 22 (3) any other condition necessary to rehabilitate the prisoner. 23 (b) The board shall establish procedures 24 (1) for the exchange of information concerning the parolee with the 25 victim; 26 (2) for responding to reports of nonattendance or noncompliance by the 27 parolee with conditions imposed under this section. 28 * Sec. 60. AS 33.16.220(a) is amended to read: 29 (a) The board may revoke parole if the parolee 30 (1) engages in conduct in violation of AS 33.16.150(a) or (b) or 31 AS 33.16.155(a); or
01 (2) has violated an order of the court to participate in or comply with 02 the treatment plan of a rehabilitation program under AS 12.55.015(a)(10). 03 * Sec. 61. AS 33.16.220(c) is amended to read: 04 (c) In determining whether a parole violator should be released pending a final 05 revocation hearing, the board or its designee shall consider 06 (1) the likelihood of the parolee's appearance at a final revocation 07 hearing; 08 (2) the seriousness of the alleged violation; 09 (3) whether the parolee presents a danger to the community; [AND] 10 (4) whether the parolee is likely to further violate conditions of parole; 11 and 12 (5) whether the parolee is on parole for a crime involving domestic 13 violence; if the violation of the condition of parole involved an act of domestic 14 violence, the parolee may not be released pending the final revocation hearing. 15 * Sec. 62. AS 33.16.900 is amended by adding a new paragraph to read: 16 (13) "crime involving domestic violence" and "domestic violence" have 17 the meaning given in AS 18.66.990. 18 * Sec. 63. AS 33.20.080(b) is amended to read: 19 (b) If requested by the victim of a crime against a person, a crime involving 20 domestic violence, or arson in the first degree, the board shall send notice of an 21 application for executive clemency submitted by the state prisoner who was convicted 22 of that crime. The victim may comment in writing to the board on the application for 23 executive clemency. 24 * Sec. 64. AS 33.20.080(d) is amended by adding a new paragraph to read: 25 (3) "crime involving domestic violence" has the meaning given in 26 AS 18.66.990. 27 * Sec. 65. AS 33.30.013(b) is amended to read: 28 (b) The commissioner is required to give notice of a change in the status of 29 an offender under this section only if the victim has requested the change, except that 30 the commissioner is required to give notice, mailed to the last known address of 31 the victim, in every case of a crime involving domestic violence.
01 * Sec. 66. AS 33.30.101 is amended by adding a new subsection to read: 02 (c) The commissioner may release on furlough a prisoner convicted of a crime 03 involving domestic violence only under conditions that would protect the victim of 04 domestic violence or other family member. 05 * Sec. 67. AS 33.30.111(f) is amended to read: 06 (f) Except as provided in (g) of this section, if [IF] the commissioner 07 considers a prisoner convicted of a crime against a person or arson in the first degree 08 for a prerelease furlough and the victim has requested notice under AS 33.30.013, the 09 commissioner shall send notice of intent to consider the prisoner for a prerelease 10 furlough to the victim. The victim may comment in writing on the commissioner's 11 intent to release the prisoner on a prerelease furlough status. The commissioner shall 12 consider the victim's comments before making a final decision to release a prisoner 13 on a prerelease furlough status. The commissioner shall make a reasonable effort to 14 notify the victim of an intent to release the prisoner on a prerelease furlough. The 15 notice must contain the expected date of the prisoner's release, geographic area in 16 which the prisoner will reside, and other pertinent information concerning the 17 prisoner's release that may affect the victim. A person may not bring a civil action 18 for damages for a failure to comply with the provisions of this subsection. 19 * Sec. 68. AS 33.30.111 is amended by adding a new subsection to read: 20 (g) If the commissioner considers a prisoner convicted of a crime involving 21 domestic violence for a prerelease furlough, the commissioner shall send notice of 22 intent to consider the prisoner for prerelease furlough to the last known address of the 23 victim. The victim may comment in writing on the commissioner's intention to release 24 the prisoner on a prerelease furlough. The commissioner shall consider the victim's 25 comments before making a final decision to release the prisoner on a prerelease 26 furlough. The commissioner shall make a reasonable effort to notify the victim of any 27 decision to release the prisoner on the prerelease furlough. The notice must include 28 the expected date of the furlough and any other information concerning the furlough 29 that may affect the victim. A person may not bring a civil action for damages for a 30 failure to comply with the provisions of this subsection. 31 * Sec. 69. AS 33.30.901 is amended to read:
01 (15) "crime involving domestic violence" has the meaning given in 02 AS 18.66.990. 03 * Sec. 70. AS 43.23.065(b) is amended to read: 04 (b) An exemption is not available under this section for permanent fund 05 dividends taken to satisfy 06 (1) child support obligations required by court order or decision of the 07 child support enforcement agency under AS 25.27.140 - 25.27.220; 08 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 09 or AS 47.10.080(b)(4); 10 (3) claims on defaulted scholarship loans under AS 43.23.067; 11 (4) court ordered fines; 12 (5) writs of execution under AS 09.35 of a judgment that is entered 13 (A) against a minor in a civil action to recover damages; 14 (B) under AS 34.50.020 against the parent, parents, or legal 15 guardian of an unemancipated minor; 16 (6) a debt owed by an eligible individual to an agency of the state, 17 unless the debt is contested and an appeal is pending, or the time limit for filing an 18 appeal has not expired; 19 (7) a program for the rehabilitation of perpetrators of domestic 20 violence ordered under AS 12.55.101, AS 18.66.100(c)(16), AS 25.20.062(b)(3), or 21 AS 33.16.155(a)(2). 22 * Sec. 71. AS 44.28.020 is amended by adding a new subsection to read: 23 (b) The department shall, with the approval of the Council on Domestic 24 Violence and Sexual Assault, adopt standards, by regulation, for rehabilitation 25 programs for perpetrators of domestic violence as defined in AS 18.66.990. For 26 purposes of AS 12.55.101, AS 18.66.100(c), AS 25.20.062(b), and AS 33.16.155(a), 27 the department shall determine whether a program meets the standards. 28 * Sec. 72. AS 47.17.020(a) is amended to read: 29 (a) The following persons who, in the performance of their occupational duties, 30 have reasonable cause to suspect that a child has suffered harm as a result of child 31 abuse or neglect shall immediately report the harm to the nearest office of the
01 department: 02 (1) practitioners of the healing arts; 03 (2) school teachers and school administrative staff members of public 04 and private schools; 05 (3) social workers; 06 (4) peace officers, and officers of the Department of Corrections; 07 (5) administrative officers of institutions; 08 (6) child care providers; 09 (7) paid employees of domestic violence and sexual assault programs, 10 and crisis intervention and prevention programs as defined in AS 18.66.990 11 [AS 18.66.900]; 12 (8) paid employees of an organization that provides counseling or 13 treatment to individuals seeking to control their use of drugs or alcohol. 14 * Sec. 73. AS 47.17 is amended by adding a new section to read: 15 Sec. 47.17.035. DUTIES OF DEPARTMENT IN DOMESTIC VIOLENCE 16 CASES. (a) In consultation with the Council on Domestic Violence and Sexual 17 Assault, the department shall develop written procedures for screening reports of harm 18 for abuse and neglect of a child to assess whether there is domestic violence occurring 19 within the family. The procedures must include the following factors: 20 (1) inquiry concerning the criminal records of the parents or of the 21 alleged abusive or neglectful person or the alleged perpetrator if not the parent of the 22 child; and 23 (2) inquiry concerning the existence of protective orders issued or filed 24 under AS 18.66.100 - 18.66.180 involving either parent as a petitioner or respondent. 25 (b) If the department determines in an investigation of abuse or neglect of a 26 child that the child is in danger because of domestic violence or that the child needs 27 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 (c) For purposes of obtaining access to information needed to conduct the 30 inquiries required by (a)(1) and (2) of this section, the department is a criminal justice 31 agency conducting a criminal justice activity.
01 (d) A person may not bring a civil action for damages for a failure to comply 02 with the provisions of this section. 03 (e) In this section, 04 (1) "criminal justice activity" has the meaning given in AS 12.62.900; 05 (2) "criminal justice agency" has the meaning given in AS 12.62.900; 06 (3) "domestic violence" has the meaning given in AS 18.66.990. 07 * Sec. 74. Rule 3, Alaska Rules of Civil Procedure, is amended by adding a new 08 subsection to read: 09 (h) A petition or request for a protective order on domestic violence under 10 AS 18.66 may be filed in the judicial district 11 (1) where the petitioner currently or temporarily resides; 12 (2) where the respondent resides; or 13 (3) where the domestic violence occurred. 14 * Sec. 75. Rule 100(a), Alaska Rules of Civil Procedure, is amended to read: 15 (a) Application. Except as provided in this paragraph, at [AT] any time 16 after a complaint is filed, a party may file a motion with the court requesting 17 mediation for the purpose of achieving a mutually agreeable settlement. The motion 18 must address how the mediation should be conducted as specified in paragraph (b), 19 including the names of any acceptable mediators. Except in a case where domestic 20 violence has occurred between the parties, the [THE] court may order mediation in 21 response to such a motion, or on its own motion, whenever it determines that 22 mediation may result in an equitable settlement. [IN MAKING THIS 23 DETERMINATION, THE COURT MAY CONSIDER WHETHER THERE IS A 24 HISTORY OF DOMESTIC VIOLENCE BETWEEN THE PARTIES WHICH COULD 25 BE EXPECTED TO AFFECT THE FAIRNESS OF THE MEDIATION PROCESS OR 26 THE PHYSICAL SAFETY OF THE DOMESTIC VIOLENCE VICTIM.] Mediation 27 may not be ordered if domestic violence has occurred between the parties, or in a 28 case filed under AS 18.66.100 - 18.66.180 [AS 25.35.010 OR .020 AND CONDUCT 29 WHICH CONSTITUTES DOMESTIC VIOLENCE UNDER THESE STATUTES 30 MAY NOT BE THE SUBJECT OF MEDIATION UNDER THIS RULE]. 31 * Sec. 76. Rule 505(a)(2), Alaska Rules of Evidence, is amended to read:
01 (2) Exceptions. There is no privilege under this subdivision: 02 (A) In a civil proceeding brought by or on behalf of one spouse 03 against the other spouse; or 04 (B) In a proceeding to commit or otherwise place his spouse, 05 the property of his spouse, or both the spouse and the property of the spouse 06 under the control of another because of the alleged mental or physical condition 07 of the spouse; or 08 (C) In a proceeding brought by or on behalf of a spouse to 09 establish his competence; or 10 (D) In a proceeding in which one spouse is charged with: 11 (i) A crime against the person or the property of the 12 other spouse or of a child of either, whether such crime was committed 13 before or during marriage. 14 (ii) Bigamy, incest, adultery, pimping, or prostitution. 15 (iii) A crime related to abandonment of a child or 16 nonsupport of a spouse or child. 17 (iv) A crime prior to the marriage. 18 (v) A crime involving domestic violence as defined in 19 AS 18.66.990. 20 (E) In a proceeding involving custody of a child. 21 (F) Evidence derived from or related to a business relationship 22 involving the spouses. 23 * Sec. 77. AS 11.56.740 is repealed. 24 * Sec. 78. AS 12.25.030(d); AS 12.61.900(1); AS 18.65.520(c); AS 18.66.900; 25 AS 25.35.010, 25.35.020, 25.35.030, 25.35.040, 25.35.050, and 25.35.200 are repealed. 26 * Sec. 79. REVISOR'S CHANGES. The revisor of statutes is requested to remove 27 AS 25.35.100 - 25.35.150 from AS 25 and place these provisions in AS 18, renumbered as 28 AS 18.66.200 - 18.66.250, and as a whole described as "Article 3. Confidential 29 Communications." The revisor is also requested to revise all statutory cross-references to 30 these statutes. 31 * Sec. 80. TRANSITION: EXISTING DOMESTIC VIOLENCE PROTECTIVE ORDERS.
01 A domestic violence order issued under former AS 25.35.010 or 25.35.020 and in effect on 02 the effective date of sec. 78 of this Act remains in effect until it expires under the terms of 03 the order and former AS 25.35.010 or 25.35.020 or is dissolved by the court, whichever occurs 04 earlier. 05 * Sec. 81. TRANSITION: REGULATIONS. Notwithstanding secs. 85 and 86 of this Act, 06 the state agencies affected by this Act may proceed to adopt regulations necessary to 07 implement changes affecting the state agency that are enacted by this Act. The regulations 08 take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date 09 of the changes in law in this Act. 10 * Sec. 82. The provisions of AS 18.66.150(d) and 18.66.160(c), enacted by sec. 32 of this 11 Act, have the effect of changing Alaska Rules of Administration 9(b)(11), 9(c)(3), and 9(e)(6) 12 by eliminating filing fees and service of process fees in domestic violence actions for 13 protective orders. 14 * Sec. 83. Sections 74, 75, 76, and 82 of this Act take effect July 1, 1996 only if secs. 74, 15 75, 76, and 82 of this Act receive the two-thirds majority vote of each house required by art. 16 IV, sec. 15, Constitution of the State of Alaska. 17 * Sec. 84. Section 81 of this Act takes effect immediately under AS 01.10.070(c). 18 * Sec. 85. Except as provided in secs. 84 and 86 of this Act, this Act takes effect 19 July 1,1996. 20 * Sec. 86. Section 77 of this Act takes effect 90 days after the effective date of sec. 78 of 21 this Act.