CSHB 386(JUD): "An Act relating to the obstruction of airports and runways; relating to the obstruction of highways; establishing the crime of obstruction of free passage in public places; relating to the obstruction of public places; relating to the crime of criminal trespass; relating to the obstruction of navigable water; relating to the unlawful obstruction or blocking of traffic; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 386(JUD) 01 "An Act relating to the obstruction of airports and runways; relating to the obstruction 02 of highways; establishing the crime of obstruction of free passage in public places; 03 relating to the obstruction of public places; relating to the crime of criminal trespass; 04 relating to the obstruction of navigable water; relating to the unlawful obstruction or 05 blocking of traffic; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 02.20.050(a) is amended to read: 08 (a) A person may not 09 (1) place an object on the surface of a public use airport that, because 10 of its nature or location, might cause injury or damage to an aircraft or person riding in 11 the aircraft; or 12 (2) otherwise obstruct a runway. 13 * Sec. 2. AS 02.20.050 is amended by adding new subsections to read:
01 (e) A person who violates (a)(1) of this section is guilty of a class C felony. 02 (f) A person who violates (a)(2) or (b) of this section is guilty of a class A 03 misdemeanor. 04 * Sec. 3. AS 02.20.060(b) is amended to read: 05 (b) A person who violates [THIS CHAPTER, OR] a regulation adopted under 06 this chapter [,] is punishable, upon conviction, for each offense by a fine of not more 07 than $500, or by imprisonment for not more than six months, or by both. 08 * Sec. 4. AS 09.65 is amended by adding a new section to read: 09 Sec. 09.65.360. Civil liability for obstruction of free passage in public 10 places. (a) In addition to other civil damages and criminal penalties provided by law, a 11 person who obstructs access in violation of AS 02.20.050, AS 11.61.150, 11.61.155, 12 or AS 38.05.128 is strictly liable in a civil action to another person whose passage is 13 obstructed for damages that are not less than the following amounts for each incident: 14 (1) $10,000 to a person who suffers only nominal damages; 15 (2) $50,000 to a person who suffers injury to property; 16 (3) $100,000 to a person who suffers bodily injury; and 17 (4) $500,000 to a person who suffers death. 18 (b) A person is jointly and severally liable for conduct under (a) of this section 19 if the person directly or indirectly, by words or action, aids, encourages, or authorizes 20 the conduct, including by 21 (1) participating in the conduct; 22 (2) directing, advising, encouraging, or soliciting another person to 23 engage in or participate in the conduct; or 24 (3) conspiring to engage in the conduct. 25 (c) A person's liability for damages under this section is in addition to an 26 award of full reasonable attorney fees and costs to a claimant who, as plaintiff, 27 counterclaimant, or cross claimant in the action, is the prevailing party. 28 (d) A plaintiff under this section may be entitled to temporary and permanent 29 injunctive relief. 30 (e) A court of this state has personal jurisdiction over a person outside the 31 state who is liable under (b) of this section if the person knew or had reason to know
01 that the person's acts or omissions were likely to lead to the obstruction of public 02 access in the state. 03 (f) In this section, "nominal damages" means the infraction of a legal right 04 under the section that does not result in death, bodily injury, or injury to property. 05 * Sec. 5. AS 11.46.320(b) is amended to read: 06 (b) Criminal trespass in the first degree is 07 (1) a class C felony if the conduct 08 (A) creates a substantial risk of physical injury to another 09 person; or 10 (B) interferes with a firefighting, medical, or other 11 emergency response; or 12 (2) a class A misdemeanor. 13 * Sec. 6. AS 11.46.330(b) is amended to read: 14 (b) Criminal trespass in the second degree is 15 (1) a class A misdemeanor if the conduct 16 (A) creates a substantial risk of physical injury to another 17 person; or 18 (B) interferes with a firefighting, medical, or other 19 emergency response; or 20 (2) a class B misdemeanor. 21 * Sec. 7. AS 11.61.150(a) is amended to read: 22 (a) A person commits the crime [OFFENSE] of obstruction of highways if the 23 person knowingly 24 (1) places, drops, or permits to drop on a highway any substance that 25 creates a substantial risk of physical injury to others using the highway; or 26 (2) renders a highway impassable or passable only with unreasonable 27 inconvenience or hazard. 28 * Sec. 8. AS 11.61.150(c) is amended to read: 29 (c) Obstruction of highways is 30 (1) a class C felony if the person 31 (A) violates (a)(1) of this section; or
01 (B) violates (a)(2) of this section and the conduct 02 (i) creates a substantial risk of physical injury to 03 another person; or 04 (ii) interferes with a firefighting, medical, or other 05 emergency response; or 06 (2) a class A misdemeanor [A VIOLATION PUNISHABLE BY A 07 FINE OF NOT MORE THAN $1,000]. 08 * Sec. 9. AS 11.61 is amended by adding a new section to read: 09 Sec. 11.61.155. Obstruction of free passage in public places. (a) A person 10 commits the crime of obstruction of free passage in public places if, under 11 circumstances not proscribed under AS 02.20.050, AS 11.61.150, or AS 38.05.128, 12 the person knowingly renders a public place impassable or passable only with 13 unreasonable inconvenience or hazard. 14 (b) This section does not apply to 15 (1) the obstruction of free passage in public places authorized by a 16 permit issued by a state agency or municipality of the state; or 17 (2) conduct otherwise authorized by law or by the person in charge of 18 the premises. 19 (c) Obstruction of free passage in public places is 20 (1) a class A misdemeanor if the obstruction 21 (A) creates a substantial risk of physical injury to another 22 person; 23 (B) substantially interferes with a person's access to a public 24 place that renders governmental or judicial services; or 25 (C) interferes with a firefighting, medical, or other emergency 26 response; or 27 (2) a class B misdemeanor. 28 * Sec. 10. AS 38.05.128(f) is amended to read: 29 (f) A violation [OF (a)] of this section is 30 (1) a class A misdemeanor if the obstruction or interference 31 (A) creates a substantial risk of physical injury to another
01 person; or 02 (B) interferes with a firefighting, medical, or other 03 emergency; or 04 (2) a class B misdemeanor. 05 * Sec. 11. AS 28.35.140(a) is repealed. 06 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. This Act applies to offenses committed on or after the effective 09 date of this Act. 10 * Sec. 13. This Act takes effect July 1, 2024.