HB 241: "An Act relating to reproductive health care services; relating to the Uniform Arbitration Act in matters involving reproductive health care services; establishing a civil action for interference with reproductive health care services; relating to arrests and search warrants related to crimes involving reproductive health care services; relating to the Uniform Act to Secure Attendance of Witnesses in Criminal Proceedings in matters involving reproductive health care services; relating to the disclosure of criminal justice information in matters involving reproductive health care services; relating to the Uniform Criminal Extradition Act in matters involving reproductive health care services; relating to health care records that include information about reproductive health care services; relating to the application of laws and court cases from other states in matters involving reproductive health care services; relating to subpoenas and other orders served on telecommunications utilities; and providing for an effective date."
00 HOUSE BILL NO. 241 01 "An Act relating to reproductive health care services; relating to the Uniform 02 Arbitration Act in matters involving reproductive health care services; establishing a 03 civil action for interference with reproductive health care services; relating to arrests 04 and search warrants related to crimes involving reproductive health care services; 05 relating to the Uniform Act to Secure Attendance of Witnesses in Criminal Proceedings 06 in matters involving reproductive health care services; relating to the disclosure of 07 criminal justice information in matters involving reproductive health care services; 08 relating to the Uniform Criminal Extradition Act in matters involving reproductive 09 health care services; relating to health care records that include information about 10 reproductive health care services; relating to the application of laws and court cases 11 from other states in matters involving reproductive health care services; relating to 12 subpoenas and other orders served on telecommunications utilities; and providing for
01 an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 09.43.440 is amended by adding a new subsection to read: 04 (h) Notwithstanding (g) of this section, a court may not enforce a subpoena or 05 discovery-related order for the attendance of a witness or the production of records in 06 this state that is issued in connection with an arbitration proceeding in another state for 07 the purpose of enforcing or attaching liability to the provision or receipt of a 08 reproductive health care service that is lawful in this state. In this subsection, 09 "provision or receipt" and "reproductive health care service" have the meanings given 10 in AS 18.23.007. 11 * Sec. 2. AS 09.65 is amended by adding a new section to read: 12 Sec. 09.65.360. Interference with reproductive health care services. (a) A 13 person may bring a civil action against another person who has brought an underlying 14 action against the person in any state or federal court in the United States if liability in 15 the underlying action is based on 16 (1) the person's provision or receipt of a reproductive health care 17 service that is lawful in this state; 18 (2) conduct occurring in this state; and 19 (3) a cause of action or criminal liability that is not recognized under 20 the laws of this state. 21 (b) A person may bring a civil action against another person who has brought 22 an underlying action against the person if 23 (1) the underlying action causes the plaintiff to receive a subpoena 24 from any state or federal court in the United States or its territories compelling the 25 production of information related to the provision or receipt of a reproductive health 26 care service that is lawful in this state; and 27 (2) liability in the underlying action is based in whole or in part on a 28 cause of action or criminal liability that is not recognized under the laws of this state. 29 (c) An underlying action is based on conduct occurring in this state if any part 30 of an act or omission that forms the basis of liability in the underlying action occurred
01 in the state, whether or not the act or omission is alleged in the action. 02 (d) An individual may maintain a civil action under this section if the 03 underlying action is objectively baseless or brought for an improper purpose. 04 (e) An underlying action is objectively baseless under (d) of this section if 05 (1) the court in the underlying action lacked jurisdiction over the 06 person; 07 (2) the underlying action impedes an individual's right to travel; or 08 (3) other factors exist that the court determines demonstrate the 09 objective baselessness of the underlying action. 10 (f) An underlying action is brought for an improper purpose under (d) of this 11 section if 12 (1) a purpose of the underlying action is to deter an act or omission in 13 this state that is permitted under the laws of this state; or 14 (2) other factors exist that the court determines demonstrate the 15 underlying action was brought for an improper purpose. 16 (g) If a claimant prevails in an action brought under this section, the claimant 17 may recover 18 (1) actual damages, including attorney fees incurred in defending the 19 underlying action; 20 (2) costs and attorney fees incurred in bringing an action under this 21 section; and 22 (3) up to $10,000 in noneconomic loss if the underlying action is found 23 to be frivolous. 24 (h) This section does not apply to a judgment entered in another state that is 25 based on an action 26 (1) founded in tort, contract, or statute, and for which a similar claim 27 would exist under the laws of this state, brought by the individual who received the 28 reproductive health care service on which the original lawsuit was based, or that 29 individual's authorized legal representative, for damages suffered by the individual or 30 damages derived from the individual's loss of consortium; 31 (2) founded in contract, and for which a similar claim would exist
01 under the laws of this state, brought or sought to be enforced by a party with a 02 contractual relationship with the person that is the subject of the judgment entered in 03 another state; or 04 (3) in which no part of the acts that form the basis for liability occurred 05 in this state. 06 (i) In this section, "provision or receipt" and "reproductive health care service" 07 have the meanings given in AS 18.23.007. 08 * Sec. 3. AS 12.25.030 is amended by adding a new subsection to read: 09 (f) A private person or a peace officer may not arrest another person for the 10 provision or receipt of a reproductive health care service in another state that is lawful 11 in this state. In this subsection, "provision or receipt" and "reproductive health care 12 service" have the meanings given in AS 18.23.007. 13 * Sec. 4. AS 12.35.010 is amended by adding a new subsection to read: 14 (c) Notwithstanding (a) of this section, a judicial officer may not issue a 15 search warrant if the purpose of the warrant is to investigate, or gather evidence 16 related to a criminal investigation for, the provision or receipt of a reproductive health 17 care service in another state that is lawful in this state. In this subsection, "provision or 18 receipt" and "reproductive health care service" have the meanings given in 19 AS 18.23.007. 20 * Sec. 5. AS 12.50.010(a) is amended to read: 21 (a) Except as provided in (e) of this section, if [IF] a judge of a court of 22 record in any state which by its laws has made provision for commanding persons 23 within the state to attend and testify in this state certifies under the seal of the court 24 that there is a criminal prosecution pending in the court, or that a grand jury 25 investigation has commenced or is about to commence, that a person within this state 26 is a material witness in that prosecution or grand jury investigation, and that the 27 presence of that person will be required for a specified number of days, then, upon 28 presentation of the certificate to a judge of a court of record in the judicial district in 29 which the person is, the judge shall fix a time and place for a hearing and shall make 30 an order directing the witness to appear at a time and place certain for the hearing. 31 * Sec. 6. AS 12.50.010 is amended by adding a new subsection to read:
01 (e) A judge shall quash a subpoena issued by another state to compel the 02 presence of a person or document in this state if the purpose of the subpoena is to 03 enforce another state's law, or assist an investigation related to another state's law, that 04 asserts criminal liability for the provision or receipt of a reproductive health care 05 service that is lawful in this state. In this subsection, "provision or receipt" and 06 "reproductive health care service" have the meanings given in AS 18.23.007. 07 * Sec. 7. AS 12.62.160 is amended by adding a new subsection to read: 08 (f) Criminal justice information may not be provided to a person or 09 government agency for the purpose of enforcing another state's law, or assisting an 10 investigation related to another state's law, that asserts criminal or civil liability for the 11 provision or receipt of a reproductive health care service that is lawful in this state. In 12 this subsection, "provision or receipt" and "reproductive health care service" have the 13 meanings given in AS 18.23.007. 14 * Sec. 8. AS 12.70.120 is amended by adding new subsections to read: 15 (b) An individual making a charge or complaint and affidavit under this 16 section with information that the charge or complaint from another state is related to 17 criminal liability that is based on the provision or receipt of a reproductive health care 18 service that is lawful in this state shall disclose to the judge or magistrate that the 19 charge or complaint from another state is related to criminal liability that is based on 20 the provision or receipt of a reproductive health care service that is lawful in this state 21 and shall attest in writing whether the charge or complaint relates to criminal liability 22 that is based on the provision or receipt of a reproductive health care service. A false 23 attestation submitted under this subsection is subject to a statutory penalty of $10,000 24 for each violation. Submission of a false attestation subjects the attester to the 25 jurisdiction of the courts of this state for any suit, penalty, or damage arising out of a 26 false attestation under this section. 27 (c) Except in cases arising under AS 12.70.020, and notwithstanding (a) of 28 this section, a judge or magistrate may not issue a warrant for a charge or complaint 29 that is related to criminal liability that is based on the provision or receipt of a 30 reproductive health care service that is lawful in this state. 31 (d) In this section, "provision or receipt" and "reproductive health care
01 service" have the meanings given in AS 18.23.007. 02 * Sec. 9. AS 18.23 is amended by adding a new section to read: 03 Sec. 18.23.007. Records involving reproductive health care services. (a) A 04 health care provider may not cooperate with or provide information to a person, 05 agency, commission, board, or department from another state or, to the extent 06 permitted by federal law, to a federal law enforcement agency for the purpose of 07 enforcing another state's law, or assisting an investigation related to another state's 08 law, that asserts criminal or civil liability for the provision or receipt of a reproductive 09 health care service that is lawful in this state. 10 (b) In this section, 11 (1) "provision or receipt" includes the provision or receipt, attempted 12 provision or receipt, assistance in the provision or receipt, or attempted assistance in 13 the provision or receipt; 14 (2) "reproductive health care service" includes any service, care, or 15 product of a medical, surgical, psychiatric, therapeutic, mental health, behavioral 16 health, diagnostic, preventive, rehabilitative, supportive, counseling, referral, 17 prescribing, or dispensing nature relating to 18 (A) the human reproductive system; or 19 (B) pregnancy, assisted reproduction, contraception, 20 miscarriage management, or the termination of a pregnancy, including self- 21 managed terminations. 22 * Sec. 10. AS 22.35 is amended by adding a new section to read: 23 Sec. 22.35.040. Foreign laws and cases involving reproductive health care. 24 A judicial officer, court clerk, or other court employee may not apply a law or case 25 from another state that authorizes the imposition of a civil or criminal penalty or 26 liability for the provision or receipt of a reproductive health care service that is lawful 27 in this state. In this section, "provision or receipt" and "reproductive health care 28 service" have the meanings given in AS 18.23.007. 29 * Sec. 11. AS 42.05 is amended by adding a new section to article 8 to read: 30 Sec. 42.05.731. Records involving reproductive health care services. (a) A 31 telecommunications utility that is organized or has its principal place of business in the
01 state may not knowingly provide a record, information, facility, or assistance in 02 response to a subpoena, warrant, court order, or other civil or criminal legal process 03 that relates to an investigation into, or the enforcement of, another state's law that 04 asserts criminal or civil liability for the provision or receipt of a reproductive health 05 care service that is lawful in this state. 06 (b) A telecommunications utility that is organized or has its principal place of 07 business in the state may not comply with a subpoena, warrant, court order, or other 08 civil or criminal legal process for a record, information, facility, or assistance related 09 to the provision or receipt of a reproductive health care service that is lawful in this 10 state unless the subpoena, warrant, court order, or other civil or criminal legal process 11 is accompanied by a declaration made under penalty of perjury stating that the 12 subpoena, warrant, court order, or other civil or criminal legal process does not seek a 13 document, information, or testimony relating to an investigation into, or the 14 enforcement of, another state's law that asserts criminal or civil liability for the 15 provision or receipt of a reproductive health care service that is lawful in this state. A 16 person who submits a false declaration under this subsection is subject to a civil fine 17 of $10,000 for each violation. Submission of a declaration under this subsection 18 subjects the declarant to the jurisdiction of the courts of this state for any suit, penalty, 19 or damages arising out of a false declaration under this subsection. 20 (c) A telecommunications utility that is organized or has its principal place of 21 business in the state that is served with a subpoena, warrant, court order, or other civil 22 or criminal legal process described in this section is entitled to rely on the 23 representations made in a declaration described in (b) of this section in determining 24 whether the subpoena, warrant, court order, or other civil or criminal legal process 25 relates to an investigation into, or the enforcement of, another state's law that asserts 26 criminal or civil liability for the provision or receipt of a reproductive health care 27 service that is lawful in this state. 28 (d) In this section, 29 (1) "knowingly" has the meaning given in AS 11.81.900(a); 30 (2) "provision or receipt" has the meaning given in AS 18.23.007; and 31 (3) "reproductive health care service" has the meaning given in
01 AS 18.23.007. 02 * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).