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SB 328: "An Act relating to protection of victims of domestic violence and stalking; relating to the crimes of stalking and assault and crimes involving domestic violence; relating to violation of a protective order, no contact order, and certain testing orders; relating to bail and conditions of release in cases involving certain stalkings; relating to search warrants; relating to authorized sentences and factors in aggravation and mitigation; relating to conditions of probation and parole for convictions of certain crimes; relating to revocation of parole; and amending Rules 32 and 38, Alaska Rules of Criminal Procedure."

00SENATE BILL NO. 328 01 "An Act relating to protection of victims of domestic violence and stalking; 02 relating to the crimes of stalking and assault and crimes involving domestic 03 violence; relating to violation of a protective order, no contact order, and certain 04 testing orders; relating to bail and conditions of release in cases involving certain 05 stalkings; relating to search warrants; relating to authorized sentences and factors 06 in aggravation and mitigation; relating to conditions of probation and parole for 07 convictions of certain crimes; relating to revocation of parole; and amending Rules 08 32 and 38, Alaska Rules of Criminal Procedure." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 11.41.220(a) is amended to read: 11 (a) A person commits the crime of assault in the third degree if that person 12 (1) recklessly 13 (A) places another person in fear of imminent serious physical 14 injury by means of a dangerous instrument;

01 (B) causes physical injury to another person by means of a 02 dangerous instrument; or 03 (C) while being 18 years of age or older 04 (i) causes physical injury to a child under 10 years of 05 age and the injury reasonably requires medical treatment; 06 (ii) causes physical injury to a child under 10 years of 07 age on more than one occasion; 08 (2) with intent to place another person in fear of death or serious 09 physical injury to the person or the person's family member makes repeated threats to 10 cause death or serious physical injury to another person; [OR] 11 (3) while being 18 years of age or older, knowingly causes physical 12 injury to a child under 16 years of age but at least 10 years of age and the injury 13 reasonably requires medical treatment ; or 14 (4) commits assault in the fourth degree in violation of 15 AS 11.41.230 and the commission of the offense is also in violation of a protective 16 order issued against the person under AS 18.66.100 - 18.66.180 or 18.66.400 - 17 18.66.480 . 18 * Sec. 2. AS 11.41.260(a) is amended to read: 19 (a) A person commits the crime of stalking in the first degree if the person 20 violates AS 11.41.270 and 21 (1) the actions constituting the offense are in violation of an order 22 issued or filed under AS 18.66.100 - 18.66.180 or 18.66.400 - 18.66.480 [ISSUED 23 UNDER FORMER AS 25.35.010(b) OR 25.35.020]; 24 (2) the actions constituting the offense are in violation of a condition 25 of probation, release before trial, release after conviction, or parole; 26 (3) the victim is under 16 years of age; 27 (4) at any time during the course of conduct constituting the offense 28 the defendant possessed a deadly weapon; 29 (5) the defendant has been previously convicted of a crime under this 30 section, AS 11.41.270, [OR] AS 11.56.740, 11.56.750, or 11.56.755, or a law or 31 ordinance of this or another jurisdiction with elements similar to a crime under this

01 section, AS 11.41.270, [OR] AS 11.56.740 , 11.56.750, or 11.56.755 ; or 02 (6) the defendant has been previously convicted of a crime, or an 03 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 04 11.41.300 - 11.41.460, AS 11.56.810, AS 11.61.120, or (B) a law or an ordinance of 05 this or another jurisdiction with elements similar to a crime, or an attempt or 06 solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, 07 AS 11.56.810, or AS 11.61.120, involving the same victim as the present offense. 08 * Sec. 3. AS 11.46.300(a) is amended to read: 09 (a) A person commits the crime of burglary in the first degree if the person 10 (1) violates AS 11.46.310 and 11 (A) [(1)] the building is a dwelling; or 12 (B) [(2)] in effecting entry or while in the building or 13 immediate flight from the building, the person 14 (i) [(A)] is armed with a firearm; 15 (ii) [(B)] causes or attempts to cause physical injury to 16 a person; or 17 (iii) [(C)] uses or threatens to use a dangerous 18 instrument ; or 19 (2) enters or remains unlawfully in a dwelling and, while in the 20 dwelling, commits stalking or a crime involving domestic violence . 21 * Sec. 4. AS 11.46.300 is amended by adding a new subsection to read: 22 (c) In this section, 23 (1) "domestic violence" and "crime involving domestic violence" have 24 the meaning given in AS 18.66.990; 25 (2) "stalking" means a violation of AS 11.41.260 or 11.41.270 that is 26 not a crime involving domestic violence. 27 * Sec. 5. AS 11.56 is amended by adding new sections to read: 28 Sec. 11.56.750. Violating a protective order for stalking. (a) A person 29 commits the crime of violating a protective order for stalking if the person is subject 30 to a protective order for stalking containing a provision listed in AS 18.66.400(c)(1) - 31 (6) and knowingly commits or attempts to commit an act in violation of that provision.

01 (b) Violation of this section is a class A misdemeanor. 02 (c) In this section, "protective order for stalking" means an order issued under 03 AS 18.66.400 - 18.66.480. 04 Sec. 11.56.755. Violating a no contact order. (a) A person commits the 05 crime of violating a no contact order if the person 06 (1) has been ordered not to contact a victim or witness of the offense 07 as 08 (A) part of a sentence imposed under AS 12.55.015; or 09 (B) as a condition of 10 (i) release under AS 12.30.025 or 12.30.027; 11 (ii) probation under AS 12.55.101 or 12.55.103; or 12 (iii) parole under AS 33.16.150; and 13 (2) either directly or indirectly, knowingly contacts or attempts to 14 contact the victim or witness in violation of the order. 15 (b) Violating a no contact order is a class A misdemeanor. 16 Sec. 11.56.760. Violating an order to submit to DNA testing. (a) A person 17 commits the crime of violating an order to submit to DNA testing if, upon request of 18 a health care professional acting on behalf of the state, the person refuses to provide 19 a blood sample, oral sample, or both, and 20 (1) the person has been ordered to submit to DNA testing as part of a 21 sentence imposed under AS 12.55.015; or 22 (2) the person has been convicted of an offense that requires the state 23 to collect a blood sample, oral sample, or both, for DNA testing under the provisions 24 of AS 44.41.035. 25 (b) Violating an order to submit to DNA testing is a class A misdemeanor. 26 (c) In this section, "DNA testing" means the collection of a blood sample, oral 27 sample, or both, for the deoxyribonucleic acid identification registration system under 28 AS 44.41.035. 29 * Sec. 6. AS 12.30.025(a) is amended to read: 30 (a) Before ordering release before, during, or after trial, or pending appeal 31 [IN DETERMINING THE CONDITIONS OF RELEASE UNDER AS 12.30.020] in

01 cases involving stalking but not domestic violence, the court shall consider the safety 02 of the alleged victim and the public. To protect the alleged victim and the public 03 and to reasonably assure the defendant's appearance, the court may impose bail, 04 any of the conditions specified in AS 12.30.020 and AS 18.66.400(c)(3) - (6), [AND 05 THE FOLLOWING CONDITIONS] and any other condition [IMPOSE ONE OR 06 MORE CONDITIONS] it considers necessary to protect the alleged victim and the 07 public [OF THE STALKING], including ordering the defendant 08 (1) not to subject the victim to further stalking; 09 (2) not to contact the victim other than through counsel; 10 (3) to engage in counseling; if the court directs the defendant to engage 11 in personal counseling, the court shall provide in the order that the counseling must 12 propose alternatives to aggression if that type of counseling is available; 13 (4) to refrain from the consumption of alcohol or the use of drugs. 14 * Sec. 7. AS 12.35.010(a) is amended to read: 15 (a) A judicial officer may issue a search warrant upon a showing of probable 16 cause, supported by oath or affirmation, and particularly describing the place to be 17 searched and the thing to be seized , or describing a communication to be monitored 18 and recorded . 19 * Sec. 8. AS 12.35.010 is amending by adding a new subsection to read: 20 (c) If otherwise authorized under this chapter, a judicial officer may issue a 21 search warrant to monitor and record a communication if one party to the 22 communication consents. A judicial officer may issue the search warrant before a 23 nonconsenting party to the communication is charged with the offense for which the 24 evidence is being sought under the warrant. 25 * Sec. 9. AS 12.35.020 is amended to read: 26 Sec. 12.35.020. Grounds for issuance. A search warrant may be issued if the 27 judicial officer reasonably believes any of the following: 28 (1) that the property was stolen or embezzled; 29 (2) that the property was used as a means of committing a crime; 30 (3) that the property is in the possession of a person who intends to use 31 it as the means of committing a crime, or in possession of another to whom the person

01 may have delivered it for the purpose of concealing it or preventing its being 02 discovered; 03 (4) that the property constitutes evidence of a particular crime or tends 04 to show that a certain person has committed a particular crime; 05 (5) that a communication to be monitored and recorded may 06 provide evidence of or may assist in the apprehension of persons who have 07 committed, are committing, or are planning to commit, a violation of state or 08 municipal law; 09 (6) [(5)] that either reasonable legislative or administrative standards 10 for conducting a routine or area inspection with regard to air pollution are satisfied 11 with respect to the particular place, dwelling, structure, premises, or vehicle, or there 12 is reason to believe that a condition of nonconformity exists with respect to the 13 particular place, dwelling, structure, premises, or vehicle. 14 * Sec. 10. AS 12.35.120 is amended to read: 15 Sec. 12.35.120. Definition of search warrant. A search warrant is an order 16 in writing, signed by a judge or magistrate or signed at the direction of a judicial 17 officer in accordance with AS 12.35.015, directed to a peace officer, commanding the 18 peace officer to search for personal property or to arrange to monitor and record 19 a communication, and bring [IT] before the judge or magistrate 20 (1) the property or an inventory of the property seized; or 21 (2) a list of the date, time, and parties to the communication 22 monitored and recorded . 23 * Sec. 11. AS 12.55.015(a) is amended to read: 24 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 25 sentence on a defendant convicted of an offense, may singly or in combination 26 (1) impose a 27 (A) fine when authorized by law and as provided in 28 AS 12.55.035; or 29 (B) day fine when authorized by law and as provided in 30 AS 12.55.036, if the court does not impose a term of periodic or continuous 31 imprisonment or place the defendant on probation;

01 (2) order the defendant to be placed on probation under conditions 02 specified by the court that may include provision for active supervision; 03 (3) impose a definite term of periodic imprisonment; 04 (4) impose a definite term of continuous imprisonment; 05 (5) order the defendant to make restitution under AS 12.55.045; 06 (6) order the defendant to carry out a continuous or periodic program 07 of community work under AS 12.55.055; 08 (7) suspend execution of all or a portion of the sentence imposed under 09 AS 12.55.080; 10 (8) suspend imposition of sentence under AS 12.55.085; 11 (9) order the forfeiture to the commissioner of public safety or a 12 municipal law enforcement agency of a deadly weapon that was in the actual 13 possession of or used by the defendant during the commission of an offense described 14 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 15 (10) order the defendant, while incarcerated, to participate in or comply 16 with the treatment plan of a rehabilitation program that is related to the defendant's 17 offense or to the defendant's rehabilitation if the program is made available to the 18 defendant by the Department of Corrections; 19 (11) order the forfeiture to the state of a motor vehicle, weapon, 20 electronic communication device, or money or other valuables, used in or obtained 21 through an offense that was committed for the benefit of, at the direction of, or in 22 association with a criminal street gang ; 23 (12) order the defendant to have no contact, either directly or 24 indirectly, with a victim or witness of the offense until the defendant is 25 unconditionally discharged . 26 * Sec. 12. AS 12.55.015 is amended by adding a new subsection to read: 27 (i) In addition to the penalties authorized by this section, the court shall order 28 a person convicted of an offense requiring the state to collect a blood sample, oral 29 sample, or both, for the deoxyribonucleic acid identification registration system under 30 AS 44.41.035, to submit to the collection of the samples upon the request of a health 31 care professional acting on behalf of the state.

01 * Sec. 13. AS 12.55.100 is amended by adding a new subsection to read: 02 (d) If the court orders probation for a defendant convicted of an offense 03 requiring the state to collect a blood sample, oral sample, or both, from the defendant 04 for the deoxyribonucleic acid (DNA) identification registration system under 05 AS 44.41.035, the court shall order the defendant as a condition of probation to submit 06 to the collection of the samples upon the request of a health care professional acting 07 on behalf of the state. 08 * Sec. 14. AS 12.55 is amended by adding a new section to read: 09 Sec. 12.55.103. Additional conditions of probation in stalking cases. (a) 10 Before granting probation to a person convicted of stalking, the court shall consider 11 the safety and protection of the victim. If a person convicted of stalking is placed on 12 probation, the court may order the conditions authorized in AS 12.55.100 and 13 AS 18.66.400(c)(1) - (8) and (10) - (12). 14 (b) In this section, "stalking" means a violation of AS 11.41.260 or 11.41.270 15 that is not a crime involving domestic violence. 16 * Sec. 15. AS 12.55.155(c) is amended by adding a new paragraph to read: 17 (30) the defendant's prior criminal history includes a conviction for a 18 misdemeanor committed outside this state that would have been a felony if committed 19 in this state. 20 * Sec. 16. AS 12.55.155(d) is amended by adding a new paragraph to read: 21 (18) the defendant is convicted of an offense under AS 11.41, and 22 alleviated the impact of the offense on the victim by 23 (A) pleading guilty or no contest to the offense no later than 10 24 days after the defendant's first appearance in court for the offense; and 25 (B) making a clear and forthright admission of culpability for 26 the offense. 27 * Sec. 17. AS 18.65.510(a) is amended to read: 28 (a) Each established police training program in the state shall provide training 29 that acquaints police officers with 30 (1) laws relating to substantive crimes and rules of criminal procedure 31 applicable in cases involving domestic violence or stalking ;

01 (2) techniques for handling incidents of domestic violence or stalking 02 that promote the safety of the victim and the officer and that reduce the likelihood of 03 recurrence; 04 (3) the investigation and management of cases involving domestic 05 violence or stalking, and report writing for those cases; 06 (4) organizations in the state that offer aid or shelter to victims of 07 domestic violence; 08 (5) procedures applicable in the prosecution of cases involving domestic 09 violence or stalking ; 10 (6) orders that may be issued by or filed with a court under 11 AS 18.66.100 - 18.66.180 or 18.66.400 - 18.66.480 ; 12 (7) the notification to be given to victims of domestic violence or 13 stalking under AS 18.65.520; and 14 (8) the subjects set out in AS 18.66.310(d). 15 * Sec. 18. AS 18.65.520 is amended by adding a new subsection to read: 16 (d) A peace officer investigating a crime of stalking shall inform the victim 17 of the rights of victims of stalking. The notice shall be in substantially the following 18 form: 19 You have the right to file a petition in court requesting a protective order that 20 may include any of the following provisions: 21 (1) prohibit the stalker from further stalking you; 22 (2) prohibit the stalker from telephoning, contacting, or otherwise 23 communicating with you, either directly or indirectly; 24 (3) direct the stalker to stay away from your residence, school, place 25 of employment, or any other specified place where you are frequently present; 26 (4) prohibit the stalker from entering a propelled vehicle in your 27 possession or occupied by you; 28 (5) prohibit the stalker from using or possessing a deadly weapon; 29 (6) direct the stalker to surrender any firearm owned or possessed by 30 the stalker; 31 (7) require the stalker to reimburse you for expenses associated with

01 the stalking, including medical expenses, counseling, shelter, and repair or replacement 02 of damaged property; 03 (8) prohibit the stalker from consuming alcohol or controlled 04 substances; 05 (9) order the stalker to pay costs and fees incurred by you in obtaining 06 a protective order; 07 (10) order the stalker to participate in treatment for the abuse of alcohol 08 or controlled substances, or both; 09 (11) order the stalker to participate in personal counseling; and 10 (12) order other relief the court determines necessary to protect you. 11 * Sec. 19. AS 18.65 is amended by adding a new section to read: 12 Sec. 18.65.535. Mandatory arrest for stalking, violation of protective 13 orders for stalking, and violation of conditions of release. (a) Except as provided 14 in (b) of this section, a peace officer, with or without a warrant, shall arrest a person 15 if the officer has probable cause to believe that the person has, either in or outside the 16 presence of the officer, within the previous 12 hours, 17 (1) committed stalking, whether the offense is a felony or 18 misdemeanor; 19 (2) committed the crime of violating a protective order for stalking in 20 violation of AS 11.56.750; or 21 (3) violated a condition of release imposed under AS 12.30.025. 22 (b) A peace officer is not required to make an arrest under (a) of this section 23 if the officer has received authorization not to arrest from a prosecuting attorney in the 24 jurisdiction in which the offense is under investigation. 25 (c) In addition to the contents of any other report, a peace officer who does 26 not make an arrest after investigating a complaint of stalking shall describe in writing 27 the reasons for not making an arrest. 28 (d) A person may not bring a civil action for damages for failure to comply 29 with the provisions of this section. 30 * Sec. 20. AS 18.65.540(a) is amended to read: 31 (a) The Department of Public Safety shall maintain a central registry of

01 protective orders issued by or filed with a court of this state under AS 18.66.100 - 02 18.66.180 or 18.66.400 - 18.66.480 . The registry must include for each protective 03 order the names of the petitioner and respondent, their dates of birth, and the 04 conditions and duration of the order. The registry shall retain a record of the 05 protective order after it has expired. 06 * Sec. 21. AS 18.65.540(b) is amended to read: 07 (b) A peace officer receiving a protective order from a court under 08 AS 18.66.100 - 18.66.180 or 18.66.400 - 18.66.480 , a modified order issued under 09 AS 18.66.120 or 18.66.420 , or an order dismissing a protective order, must take 10 reasonable steps to ensure that the order, modified order, or dismissal is entered into 11 the central registry within 24 hours after being received. 12 * Sec. 22. AS 18.65.590 is amended to read: 13 Sec. 18.65.590. Definitions [DEFINITION]. In AS 18.65.510 - 18.65.590, 14 (1 ) "domestic violence" has the meaning given in AS 18.66.990 ; 15 (2) "stalking" means a violation of AS 11.41.260 or 11.41.270 that 16 is not a crime involving domestic violence . 17 * Sec. 23. AS 18.66.100(c)(14) is amended to read: 18 (14) require the respondent to pay costs and fees incurred by the 19 petitioner in bringing the action under this section [CHAPTER]; 20 * Sec. 24. AS 18.66.100(e) is amended to read: 21 (e) A court may not deny a petition for a protective order under this section 22 solely because of a lapse of time between an act of domestic violence and the filing 23 of the petition. If a lapse of time includes a period of incarceration or probation 24 or parole supervision of the respondent, the court may consider this lapse in favor 25 of granting the petition. 26 * Sec. 25. AS 18.66.110(d) is amended to read: 27 (d) A court may not deny a petition for an ex parte protective order filed under 28 (a) of this section solely because of a lapse of time between an act of domestic 29 violence and the filing of the petition. If a lapse of time includes a period of 30 incarceration or probation or parole supervision of the respondent, the court may 31 consider this lapse in favor of granting the petition.

01 * Sec. 26. AS 18.66.120(a) is amended to read: 02 (a) Either the petitioner or the respondent may request modification of a 03 protective order issued under AS 18.66.100 - 18.66.180 . If a request is made for 04 modification of 05 (1) an ex parte protective order under AS 18.66.110(a), the court shall 06 schedule a hearing on three days' notice or on shorter notice as the court may 07 prescribe; the court shall hear and rule on the request in an expeditious manner; or 08 (2) a protective order after notice and hearing under AS 18.66.100(b), 09 the court shall schedule a hearing within 20 days after the date the request is made, 10 except that if the court finds that the request is meritless on its face, the court may 11 deny the request without further hearing. 12 * Sec. 27. AS 18.66.130(b) is amended to read: 13 (b) A court may not grant protective orders issued under AS 18.66.100 - 14 18.66.180 against the petitioner and the respondent in the same action [UNDER THIS 15 CHAPTER]. 16 * Sec. 28. AS 18.66.130(e) is amended to read: 17 (e) A protective order issued under AS 18.66.100 - 18.66.180 [THIS 18 CHAPTER] is in addition to and not in place of any other civil or criminal remedy. 19 A petitioner is not barred from seeking an order under AS 18.66.100 - 18.66.180 20 because of the existence of another civil action between the petitioner and respondent. 21 * Sec. 29. AS 18.66.150(a) is amended to read: 22 (a) The Alaska Court System, after consulting with the Council on Domestic 23 Violence and Sexual Assault and other interested persons and organizations, shall 24 prepare forms for petitions, protective orders, and instructions for their use by a person 25 seeking a protective order under AS 18.66.100 - 18.66.180 [THIS CHAPTER]. 26 * Sec. 30. AS 18.66.150(b) is amended to read: 27 (b) In addition to other information required, a petition for a protective order 28 issued under AS 18.66.100 - 18.66.180 must include a statement of pending civil 29 actions or domestic violence criminal actions involving either the petitioner or the 30 respondent. While a protective order issued under AS 18.66.100 - 18.66.180 is in 31 effect or a petition for a protective order under AS 18.66.100 - 18.66.180 is pending,

01 both the petitioner and respondent have a continuing duty to inform the court of 02 pending civil actions or domestic violence criminal actions involving either the 03 petitioner or the respondent. 04 * Sec. 31. AS 18.66.150(d) is amended to read: 05 (d) Filing fees may not be charged in any action seeking only the relief 06 provided in AS 18.66.100 - 18.66.180 [THIS CHAPTER]. 07 * Sec. 32. AS 18.66.160 is amended to read: 08 Sec. 18.66.160. Service of process. (a) Process issued under AS 18.66.100 - 09 18.66.180 [THIS CHAPTER] shall be promptly served and executed. If process is to 10 be served upon a person believed to be present or residing in a municipality, as 11 defined in AS 29.71.800, or in an unincorporated community, process shall be served 12 by a peace officer of that municipality or unincorporated community who has 13 jurisdiction within the area of service. If a peace officer of the municipality or 14 unincorporated community who has jurisdiction is not available, a superior court, 15 district court, or magistrate may designate any other peace officer to serve and execute 16 process. A state peace officer shall serve process in any area that is not within the 17 jurisdiction of a peace officer of a municipality or unincorporated community. A 18 peace officer shall use every reasonable means to serve process issued under 19 AS 18.66.100 - 18.66.180 [THIS CHAPTER]. 20 (b) Service of process under (a)of this section does not preclude a petitioner 21 from using any other available means to serve process issued under AS 18.66.100 - 22 18.66.180 [THIS CHAPTER]. 23 (c) Fees for service of process may not be charged in a proceeding seeking 24 only the relief provided in AS 18.66.100 - 18.66.180 [THIS CHAPTER]. 25 * Sec. 33. AS 18.66.170 is amended to read: 26 Sec. 18.66.170. Notification of law enforcement agencies. When a court 27 issues or accepts for filing a protective order under AS 18.66.100 - 18.66.180 [THIS 28 CHAPTER], it shall send a copy of the order to the appropriate local law enforcement 29 agency. Each law enforcement agency shall establish procedures to inform peace 30 officers of protective orders. Peace officers shall use every reasonable means to 31 enforce a protective order issued or filed under AS 18.66.100 - 18.66.180 [THIS

01 CHAPTER]. 02 * Sec. 34. AS 18.66.180 is amended to read: 03 Sec. 18.66.180. Civil liability. A person may not bring a civil action for 04 damages against the state, its officers, agents, or employees, or a law enforcement 05 agency, its officers, agents, or employees for any failure to comply with the provisions 06 of AS 18.66.100 - 18.66.180 [THIS CHAPTER]. 07 * Sec. 35. AS 18.66.250(1) is amended to read: 08 (1) "confidential communication" means information exchanged 09 between a victim and a victim counselor in private or in the presence of a third party 10 who is necessary to facilitate communication or further the counseling process and that 11 is disclosed in the course of victim counseling resulting from a sexual assault , stalking 12 that is not a crime involving domestic violence, or domestic violence; 13 * Sec. 36. AS 18.66.250(3) is amended to read: 14 (3) "victim" means a person who consults a victim counselor for 15 assistance in overcoming adverse effects of a sexual assault , stalking that is not a 16 crime involving domestic violence, or domestic violence; 17 * Sec. 37. AS 18.66.250(4) is amended to read: 18 (4) "victim counseling" means support, assistance, advice, or treatment 19 to alleviate the adverse effects of a sexual assault , stalking that is not a crime 20 involving domestic violence, or domestic violence; 21 * Sec. 38. AS 18.66.250(5) is amended to read: 22 (5) "victim counseling center" means a private organization or a local 23 government agency that 24 (A) has as one of its primary purposes the provision of direct 25 services to victims for trauma resulting from a sexual assault , stalking that is 26 not a crime involving domestic violence, or domestic violence; 27 (B) is not affiliated with a law enforcement agency or a 28 prosecutor's office; and 29 (C) is not on contract with the state to provide services under 30 AS 47; 31 * Sec. 39. AS 18.66.250(6) is amended to read:

01 (6) "victim counselor" means an employee or supervised volunteer of 02 a victim counseling center that provides counseling to victims 03 (A) who has undergone a minimum of 40 hours of training in 04 domestic violence , stalking that is not a crime involving domestic violence, 05 or sexual assault, crisis intervention, victim support, treatment and related 06 areas; or 07 (B) whose duties include victim counseling. 08 * Sec. 40. AS 18.66 is amended by adding new sections to read: 09 Article 4A. Protective Orders for Stalking. 10 Sec. 18.66.400. Protective orders for stalking; eligible petitioners; relief. 11 (a) A person who is or who has been a victim of stalking, and the alleged stalker is 12 not a household member of the person, may file a petition in the district or superior 13 court for a protective order for stalking. A parent, guardian, or other representative 14 appointed by the court may file a petition for a protective order on behalf of a minor. 15 The court may appoint a guardian ad litem or attorney to represent the minor. 16 (b) When a petition for a protective order for stalking is filed, the court shall 17 schedule a hearing, and provide at least 10 days' notice to the respondent of the 18 hearing and of the respondent's right to appear and be heard, either in person or by an 19 attorney. If the court finds by a preponderance of evidence that the respondent has 20 committed the crime of stalking against the petitioner, regardless of whether the 21 respondent appears at the hearing, the court may order any relief available under (c) 22 of this section. 23 (c) A protective order issued under this section may 24 (1) prohibit the respondent from stalking the petitioner; 25 (2) prohibit the respondent from telephoning, contacting, or otherwise 26 communicating directly or indirectly with the petitioner; 27 (3) direct the respondent to stay away from the residence, school, place 28 of employment, or any other specified place where the petitioner is frequently present; 29 (4) prohibit the respondent from entering a propelled vehicle in the 30 possession of or occupied by the petitioner; 31 (5) prohibit the respondent from using or possessing a deadly weapon;

01 (6) direct the respondent to surrender any firearm owned or possessed 02 by the respondent; 03 (7) require the respondent to reimburse the petitioner or other person 04 for expenses associated with the stalking, including medical expenses, counseling, 05 shelter, and repair or replacement of damaged property; 06 (8) prohibit the respondent from consuming alcohol or controlled 07 substances; 08 (9) order the respondent to pay costs and fees incurred by the petitioner 09 in obtaining a protective order; 10 (10) order the respondent, at the respondent's expense, to participate 11 in treatment for the abuse of alcohol or controlled substances, or both; 12 (11) order the respondent, at the respondent's expense, to participate 13 in personal counseling; and 14 (12) order other relief the court determines necessary to protect the 15 petitioner. 16 (d) The provisions of a protective order issued under 17 (1) subsection (c)(1) of this section are effective until further order of 18 the court; and 19 (2) subsections (c)(2) - (12) are effective for six months unless earlier 20 dissolved by the court. 21 (e) If the court issues a protective order under this section, it shall 22 (1) make reasonable efforts to ensure that the order is understood by 23 the petitioner and by the respondent, if present; and 24 (2) have the order delivered to the appropriate local law enforcement 25 agency for expedited service and for entry into the central registry of protective orders 26 under AS 18.65.540. 27 (f) A court may not deny a petition for a protective order under this section 28 solely because of a lapse of time between an act of stalking and the filing of the 29 petition. If a lapse of time includes a period of incarceration or probation or parole 30 supervision of the respondent, the court may consider this lapse in favor of granting 31 the petition.

01 Sec. 18.66.410. Ex parte and emergency protective orders for stalking. (a) 02 A person who is a victim of stalking may file a petition under AS 18.66.400(a) and 03 request an ex parte protective order for stalking. If the court finds probable cause that 04 stalking has occurred and that it is necessary to protect the petitioner from stalking, the 05 court shall ex parte and without notice to the respondent issue a protective order. An 06 ex parte protective order may grant the protection provided by AS 18.66.400(c)(1) - 07 (4), (8), and (12). An ex parte protective order expires 20 days after it is issued unless 08 dissolved earlier by the court as provided in AS 18.66.420. If the court issues an ex 09 parte protective order, the court shall have the order delivered to the appropriate local 10 law enforcement agency for expedited service and for entry into the central registry 11 of protective orders under AS 18.65.540. 12 (b) A peace officer, on behalf of and with the consent of a stalking victim, 13 may request an emergency protective order for stalking from a judicial officer. The 14 request may be made orally or in writing based upon the sworn statement of the peace 15 officer, and in person or by telephone. If the court finds probable cause to believe that 16 the victim is in immediate danger of stalking based on an allegation of the recent 17 commission of stalking, the court ex parte shall issue an emergency protective order 18 for stalking. In the order, the court may grant the protection provided in 19 AS 18.66.400(c)(1) - (4), (8), and (12). An emergency order expires 72 hours after 20 it is issued unless dissolved earlier by the court at the request of the petitioner. 21 (c) A peace officer who obtains a protective order for stalking under (b) of this 22 section shall 23 (1) place the provisions of an oral order in writing on a form provided 24 by the court and file the written order with the issuing court by the end of the judicial 25 day after it was issued; 26 (2) provide a copy of the order to the petitioner; 27 (3) serve a copy of the order on the respondent; and 28 (4) comply with the requirements of AS 18.65.540 for ensuring that the 29 order is entered into the central registry of protective orders under AS 18.65.540. 30 (d) A court may not deny a petition for an ex parte protective order for 31 stalking filed under (a) of this section solely because of a lapse of time between the

01 stalking and the filing of the petition. If a lapse of time includes a period of 02 incarceration or probation or parole supervision of the respondent, the court may 03 consider this lapse in favor of granting the petition. 04 Sec. 18.66.420. Modification of protective orders for stalking. (a) Except 05 for an order under AS 18.66.410(b), either the petitioner or the respondent may request 06 modification of a protective order for stalking. If a request is made for modification 07 of 08 (1) an ex parte protective order under AS 18.66.410(a), the court shall 09 schedule a hearing on three days' notice or on shorter notice as the court may 10 prescribe; the court shall hear and rule on the request in an expeditious manner; or 11 (2) a protective order after notice and hearing under AS 18.66.400(a), 12 the court shall schedule a hearing within 20 days after the date the request is made, 13 except that if the court finds that the request is without merit on its face, the court may 14 deny the request without further hearing. 15 (b) If a request for modification is made under this section and the respondent 16 raises an issue not raised by the petitioner, the court may allow the petitioner 17 additional time to respond. 18 (c) If the court modifies a protective order under this section, it shall issue a 19 modified order and shall 20 (1) make reasonable efforts to ensure that the order is understood by 21 the petitioner and the respondent, if present at the hearing; 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 Sec. 18.66.430. Specific protective orders for stalking. (a) If a respondent 26 in a protective order issued under AS 18.66.400 - 18.66.480 is prohibited from 27 contacting the petitioner, communicating with the petitioner, or is ordered to stay away 28 from the petitioner as provided by AS 18.66.400(c)(1) - (4), an invitation by the 29 petitioner to communicate, enter a vehicle, or have other prohibited contact with the 30 petitioner does not waive or nullify any provision in a protective order. 31 (b) A court may not grant protective orders against both the petitioner and the

01 respondent in the same action under AS 18.66.400 - 18.66.480. 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 18.66.400 - 18.66.480. 05 (d) In addition to other required information contained in a protective order 06 issued under AS 18.66.400 - 18.66.480, the order must include in bold face type the 07 following statements: 08 (1) "Violation of this order may be a misdemeanor, punishable by up 09 to one year of incarceration and up to a $5,000 fine;" 10 (2) "If you are ordered to have no contact with the petitioner or to stay 11 away from the petitioner's residence, vehicle, or other place designated by the court, 12 that order is still valid, even if you are invited by the petitioner to have prohibited 13 contact or to be present at or enter the residence, vehicle, or other place in the order. 14 You may be charged with a misdemeanor for violating the order." 15 (e) A protective order issued under AS 18.66.400 - 18.66.480 is in addition to 16 and not in place of any other civil or criminal remedy. A petitioner is not barred from 17 seeking a protective order under AS 18.66.400 -18.66.480 because of the existence of 18 another civil action between the petitioner and respondent. 19 Sec. 18.66.440. Filing and enforcement of protective orders issued in other 20 states. (a) A certified copy of an unexpired protective order for stalking issued in 21 another jurisdiction may be filed with the clerk of court in any judicial district in the 22 state. 23 (b) A protective order filed in accordance with (a) of this section has the same 24 effect and must be enforced in the same manner as a protective order for stalking 25 issued by a court of this state. 26 (c) When a protective order is filed with the court under this section, the court 27 shall have the order delivered to the appropriate local law enforcement agency for 28 entry into the central registry of protective orders under AS 18.65.540. 29 Sec. 18.66.450. Forms for petitions and orders; fees. (a) The Alaska Court 30 System, after consulting with the Council on Domestic Violence and Sexual Assault, 31 shall prepare forms for petitions, protective orders for stalking, and instructions for

01 their use by a person seeking a protective order for stalking. The forms must conform 02 to the Alaska Rules of Civil Procedure, except that information on the forms may be 03 filled in by legible handwriting. 04 (b) The office of the clerk of each superior and district court shall make 05 available to the public the forms a person seeking a protective order under 06 AS 18.66.400 - 18.66.480 may need and instructions for the use of the forms. The 07 clerk shall provide assistance in completing the forms and filing the forms. 08 (c) Filing fees may not be charged in any action seeking only the relief 09 provided by AS 18.66.400 - 18.66.480. 10 Sec. 18.66.460. Service of process. Process issued for protective orders for 11 stalking shall be served and executed as provided in AS 18.66.160 for protective orders 12 for domestic violence. Fees for service of process may not be charged in a proceeding 13 seeking only the relief provided in AS 18.66.400 - 18.66.480. 14 Sec. 18.66.470. Notification of law enforcement agencies. When a court 15 issues or accepts for filing a protective order for stalking issued under AS 18.66.400 - 16 18.66.480, it shall send a copy of the order to the appropriate local law enforcement 17 agency. Each law enforcement agency shall establish procedures to inform peace 18 officers of these orders. Peace officers shall use every reasonable means to enforce 19 a protective order for stalking issued or filed under AS 18.66.400 - 18.66.480. 20 Sec. 18.66.480. Definition. In AS 18.66.400 - 18.66.480 "stalking" means a 21 violation of AS 11.41.260 or 11.41.270 that is not a crime involving domestic violence. 22 * Sec. 41. AS 18.66.990(2) is amended to read: 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 , stalking that is 26 not a crime involving domestic violence, or sexual assault and to individuals in 27 personal or professional transition, excluding correctional half-way houses, outpatient 28 mental health programs, and drug or alcohol rehabilitation programs; 29 * Sec. 42. AS 18.66.990(8) is repealed and reenacted to read: 30 (8) "petitioner" means 31 (A) in AS 18.66.100 - 18.66.180, a person filing a petition

01 under 18.66.100 - 18.66.180, including a person on whose behalf an emergency 02 protective order has been requested under AS 18.66.110(b); or 03 (B) in AS 18.66.400 - 18.66.480, a person filing a petition 04 under AS 18.66.400 - 18.66.480, including a person on whose behalf an 05 emergency protective order has been requested under AS 18.66.410(b); 06 * Sec. 43. AS 18.66.990 is amended by adding new paragraphs to read: 07 (11) "protective order for stalking" means an order under 08 AS 18.66.400 - 18.66.480; 09 (12) "stalking" means, except as provided in AS 18.66.400 - 18.66.480, 10 a violation of AS 11.41.260 or 11.41.270. 11 * Sec. 44. AS 33.16.150(a) is amended to read: 12 (a) As a condition of parole, a prisoner released on special medical, 13 discretionary, or mandatory parole 14 (1) shall obey all state, federal, or local laws or ordinances, and any 15 court orders applicable to the parolee; 16 (2) shall make diligent efforts to maintain steady employment or meet 17 family obligations; 18 (3) shall, if involved in education, counseling, training, or treatment, 19 continue in the program unless granted permission from the parole officer assigned to 20 the parolee to discontinue the program; 21 (4) shall report 22 (A) upon release to the parole officer assigned to the parolee; 23 (B) at other times, and in the manner, prescribed by the board 24 or the parole officer assigned to the parolee; 25 (5) shall reside at a stated place and not change that residence without 26 notifying, and receiving permission from, the parole officer assigned to the parolee; 27 (6) shall remain within stated geographic limits unless written 28 permission to depart from the stated limits is granted the parolee; 29 (7) may not use, possess, handle, purchase, give, distribute, or 30 administer a controlled substance as defined in AS 11.71.900 or under federal law or 31 a drug for which a prescription is required under state or federal law without a

01 prescription from a licensed medical professional to the parolee; 02 (8) may not possess or control a firearm; in this paragraph, "firearm" 03 has the meaning given in AS 11.81.900; 04 (9) may not enter into an agreement or other arrangement with a law 05 enforcement agency or officer that will place the parolee in the position of violating 06 a law or parole condition without the prior approval of the board; 07 (10) may not contact or correspond with anyone confined in a 08 correctional facility of any type serving any term of imprisonment or a felon without 09 the permission of the parole officer assigned to a parolee; 10 (11) shall agree to waive extradition from any state or territory of the 11 United States and to not contest efforts to return the parolee to the state ; 12 (12) shall provide a blood sample, an oral sample, or both upon the 13 request of a health care professional acting on behalf of the state if the prisoner 14 is being released after a conviction of an offense requiring the state to collect the 15 samples for the deoxyribonucleic acid identification registration system under 16 AS 44.41.035 . 17 * Sec. 45. AS 33.16.150 is amended by adding a new subsection to read: 18 (g) In addition to other conditions of parole imposed under this section, the 19 board may impose as a condition of special medical, discretionary, or mandatory parole 20 for a prisoner serving a term for stalking (1) any of the terms for protective orders 21 under AS 18.66.400(c)(1) - (6) and (12); and (2) any other condition necessary to 22 rehabilitate the prisoner. The board shall establish procedures for the exchange of 23 information concerning the parolee with the victim and for responding to reports of 24 nonattendance or noncompliance by the parolee with conditions imposed under this 25 subsection. 26 * Sec. 46. AS 33.16.220(a) is amended to read: 27 (a) The board may revoke parole , either before or after the person's actual 28 release on parole, if the person [PAROLEE] 29 (1) engages in conduct in violation of AS 33.16.150(a), (b), or (f); or 30 (2) has violated an order of the court to participate in or comply with 31 the treatment plan of a rehabilitation program under AS 12.55.015(a)(10).

01 * Sec. 47. AS 33.16.900 is amended by adding a new paragraph to read: 02 (14) "stalking" means a violation of AS 11.41.260 or 11.41.270 that is 03 not a crime involving domestic violence. 04 * Sec. 48. Rule 32, Alaska Rules of Criminal Procedure, is amended by adding a new 05 subsection to read: 06 (e) Judgment for Crime Against a Person. In a case in which the defendant 07 is convicted of a crime against a person as defined in AS 44.41.035(j), the written 08 judgment must set out the requirements of AS 12.55.015(i). 09 * Sec. 49. Rule 38.1(a), Alaska Rules of Criminal Procedure, is amended to read: 10 (a) In any proceeding at which the defendant's presence is required under 11 Criminal Rule 38(a), as modified by Rule 38.2, the defendant may waive the right to 12 be present and request to participate by telephone. The defendant's waiver of the right 13 to be physically present may be obtained orally on the record or in writing. The court 14 may allow telephonic participation of one or more parties, counsel or the judge at any 15 proceeding in its discretion. The court shall [MAY] allow telephonic participation of 16 witnesses and counsel at bail hearings, omnibus hearings, probation revocation 17 hearings , and other hearings except trials, if the witness or counsel would be 18 required to travel more than 50 miles to the site of the hearing, or lives in a place 19 from which people customarily travel by air to the site of the hearing. The court 20 may allow telephonic participation of witnesses [OR] at trial with the consent of the 21 prosecution and the defendant. [THE COURT MAY ALLOW TELEPHONIC 22 PARTICIPATION OF WITNESSES AT OTHER HEARINGS IN ITS DISCRETION.] 23 * Sec. 50. Section 48 of this Act takes effect only if sec. 48 of this Act receives the two- 24 thirds majority of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 25 * Sec. 51. Section 49 of this Act takes effect only if sec. 49 of this Act receives the two- 26 thirds majority of each house required by art. IV, sec. 15, Constitution of the State of Alaska.