CSSB 54(FIN): "An Act amending protective order statutes for crimes involving stalking to include crimes involving sexual assault and sexual abuse, to provide for other relief ordered by a court, to add the protective orders to a centralized registry, to prevent denial solely for a lapse of time, and to require notification of the court of known civil or criminal actions involving the petitioner or respondent; relating to notifications to victims of sexual assault and to mandatory arrest for crimes involving violation of protective orders and violation of conditions of release; and amending Rule 65, Alaska Rules of Civil Procedure."
00 CS FOR SENATE BILL NO. 54(FIN) 01 "An Act amending protective order statutes for crimes involving stalking to include 02 crimes involving sexual assault and sexual abuse, to provide for other relief ordered by a 03 court, to add the protective orders to a centralized registry, to prevent denial solely for a 04 lapse of time, and to require notification of the court of known civil or criminal actions 05 involving the petitioner or respondent; relating to notifications to victims of sexual 06 assault and to mandatory arrest for crimes involving violation of protective orders and 07 violation of conditions of release; and amending Rule 65, Alaska Rules of Civil 08 Procedure." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 11.56.740(a) is amended to read: 11 (a) A person commits the crime of violating a protective order if the person is 12 subject to a protective order
01 (1) issued or filed under AS 18.66 and containing a provision listed in 02 AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to commit an act with 03 reckless disregard that the act violates or would violate a provision of the protective 04 order; or 05 (2) issued under AS 18.65.850, 18.65.855, or 18.65.860 and knowingly 06 commits or attempts to commit an act that violates or would violate a provision 07 listed in AS 18.65.850(c)(1) - (3) [IN VIOLATION OF THE ORDER]. 08 * Sec. 2. AS 18.65.530(a) is amended to read: 09 (a) Except as provided in (b) or (c) of this section, a peace officer, with or 10 without a warrant, shall arrest a person if the officer has probable cause to believe the 11 person has, either in or outside the presence of the officer, within the previous 12 12 hours, 13 (1) committed domestic violence, except an offense under 14 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 15 (2) committed the crime of violating a protective order in violation of 16 AS 11.56.740 [AS 11.56.740(a)(1)]; 17 (3) violated a condition of release imposed under AS 12.30.025, 18 12.30.027, or 12.30.029 [AS 12.30.027]. 19 * Sec. 3. AS 18.65.540(b) is amended to read: 20 (b) A peace officer receiving a protective order from a court under 21 AS 18.65.850 - 18.65.855, AS 18.66.100 - 18.66.180, a modified order issued under 22 AS 18.65.860 or AS 18.66.120, or an order dismissing a protective order, must take 23 reasonable steps to ensure that the order, modified order, or dismissal is entered into 24 the central registry within 24 hours after being received. 25 * Sec. 4. AS 18.65.850(a) is amended to read: 26 (a) A person who reasonably believes that the person is a victim of stalking or 27 sexual assault that is not a crime involving domestic violence may file a petition in 28 the district or superior court for a [STALKING] protective order against a respondent 29 who is alleged to have committed the stalking or sexual assault. A parent or guardian 30 may file a petition on behalf of a minor. 31 * Sec. 5. AS 18.65.850(b) is amended to read:
01 (b) When a petition for a protective order is filed, the court shall schedule a 02 hearing and provide at least 10 days' notice to the respondent of the hearing and of the 03 respondent's right to appear and be heard, either in person or through an attorney. If 04 the court finds by a preponderance of evidence that the respondent has committed 05 stalking or sexual assault against the petitioner, regardless of whether the respondent 06 appears at the hearing, the court may order any relief available under (c) of this 07 section. The provisions of a protective order issued under this section are effective for 08 six months unless earlier dissolved by the court. 09 * Sec. 6. AS 18.65.850(c) is amended to read: 10 (c) A protective order issued under this section may 11 (1) prohibit the respondent from threatening to commit or committing 12 stalking or sexual assault; 13 (2) prohibit the respondent from telephoning, contacting, or otherwise 14 communicating directly or indirectly with the petitioner or a designated household 15 member of the petitioner specifically named by the court; 16 (3) direct the respondent to stay away from the residence, school, or 17 place of employment of the petitioner, or any specified place frequented by the 18 petitioner; however, the court may order the respondent to stay away from the 19 respondent's own residence, school, or place of employment only if the respondent has 20 been provided actual notice of the opportunity to appear and be heard on the petition; 21 (4) order other relief the court determines to be necessary to 22 protect the petitioner or the designated household member. 23 * Sec. 7. AS 18.65.850 is amended by adding a new subsection to read: 24 (e) A court may not deny a petition for a protective order solely because of a 25 lapse of time between an act of sexual assault and the filing of the petition. 26 * Sec. 8. AS 18.65.855 is amended to read: 27 Sec. 18.65.855. Ex parte and emergency protective orders for stalking and 28 sexual assault. (a) A person who reasonably believes that the person is a victim of 29 stalking or sexual assault that is not a crime involving domestic violence may file a 30 petition under AS 18.65.850 and request an ex parte protective order. If the court finds 31 that the petition establishes probable cause that the crime of stalking or sexual assault
01 has occurred, that it is necessary to protect the petitioner from further stalking or 02 sexual assault, and that the petitioner has certified to the court in writing the efforts, if 03 any, that have been made to provide notice to the respondent, the court shall ex parte 04 and without notice to the respondent issue a protective order. An ex parte protective 05 order under this section may grant the protection allowed by AS 18.65.850(c). An ex 06 parte protective order expires 20 days after it is issued unless dissolved earlier by the 07 court at the request of either the petitioner or the respondent after notice and, if 08 requested, a hearing. If the court issues an ex parte protective order, the court shall 09 have the order delivered to the appropriate law enforcement agency for expedited 10 service. 11 (b) A peace officer, on behalf of and with the consent of a victim of stalking 12 or sexual assault that is not a crime involving domestic violence, may request an 13 emergency protective order from a judicial officer. The request may be made orally or 14 in writing based on the sworn statement of a peace officer, and in person or by 15 telephone. If the court finds probable cause to believe that the petitioner is in 16 immediate danger of stalking or sexual assault based on an allegation of the recent 17 commission of stalking or sexual assault, the court ex parte shall issue an emergency 18 protective order. An emergency protective order may grant the protection allowed by 19 AS 18.65.850(c). An emergency protective order expires 72 hours after it is issued 20 unless dissolved earlier by the court at the request of the petitioner. A peace officer 21 who obtains an emergency protective order under this section shall 22 (1) place the provisions of an oral order in writing on a form provided 23 by the court and file the written order with the issuing court by the end of the judicial 24 day after the order is issued; 25 (2) provide a copy of the order to the petitioner; and 26 (3) serve a copy of the order on the respondent. 27 * Sec. 9. AS 18.65.865(c) is amended to read: 28 (c) The Department of Public Safety shall develop and make available to law 29 enforcement agencies in the state a notice that details the rights of victims of stalking 30 and sexual assault and the services available to them. The form must be similar to 31 that provided to victims of domestic violence under AS 18.65.520. A peace officer
01 investigating a stalking or sexual assault offense shall provide the form to the victim. 02 * Sec. 10. AS 18.65.865 is amended by adding a new subsection to read: 03 (d) In addition to other information required, a petition for a protective order 04 must include a statement of pending civil and criminal actions involving either the 05 petitioner or the respondent, if known. While a protective order is in effect or a 06 petition for a protective order is pending, both the petitioner and respondent have a 07 continuing duty to inform the court of pending civil and criminal actions involving 08 either the petitioner or the respondent, if known. 09 * Sec. 11. AS 18.65.870 is amended by adding a new paragraph to read: 10 (4) "sexual assault" has the meaning given in AS 18.66.990. 11 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 INDIRECT COURT RULE AMENDMENT. The provisions of secs. 4 - 8 of this Act 14 have the effect of changing Rule 65, Alaska Rules of Civil Procedure, by changing the 15 method for obtaining, and the timing of, temporary restraining orders. 16 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the title 19 of Article 11 of AS 18.65 from "Stalking Protective Orders and Notifications to Stalking 20 Victims" to "Stalking and Sexual Assault Protective Orders and Notifications to Stalking and 21 Sexual Assault Victims," to change the catch line of AS 18.65.850 from "Protective orders for 22 stalking" to "Protective order for stalking and sexual assault," and to change the catch line of 23 AS 18.65.860 from "Modification of protective orders for stalking" to "Modification of 24 protective orders for stalking and sexual assault."