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CSSB 28(JUD): "An Act relating to workplace violence protective orders; relating to the crime of violating a protective order; relating to the powers of district judges and magistrates; amending Rules 4 and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration; and providing for an effective date."

00 CS FOR SENATE BILL NO. 28(JUD) 01 "An Act relating to workplace violence protective orders; relating to the crime of 02 violating a protective order; relating to the powers of district judges and magistrates; 03 amending Rules 4 and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of 04 Administration; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.56.740(a) is amended to read: 07 (a) A person commits the crime of violating a protective order if the person is 08 subject to a protective order 09 (1) issued, filed, or recognized under AS 18.66 and containing a 10 provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to 11 commit an act with reckless disregard that the act violates or would violate a provision 12 of the protective order; 13 (2) issued or recognized under AS 18.65.850, 18.65.855, 18.65.860, or 14 18.65.867 and knowingly commits or attempts to commit an act that violates or would

01 violate a provision listed in AS 18.65.850(c)(1) - (3); [OR] 02 (3) issued under AS 13.26.450 - 13.26.460 and knowingly commits or 03 attempts to commit an act with reckless disregard that the act violates or would violate 04 a provision of the protective order; or 05 (4) issued under AS 18.65.875 - 18.65.899 and knowingly commits 06 or attempts to commit an act that violates or would violate a provision listed in 07 AS 18.65.875(c). 08 * Sec. 2. AS 11.56.740(c) is amended to read: 09 (c) In this section, "protective order" means an order issued, filed, or 10 recognized under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 11 - 18.65.870], or AS 18.66.100 - 18.66.180. 12 * Sec. 3. AS 18.65.530(a) is amended to read: 13 (a) Except as provided in (b) or (c) of this section, a peace officer, with or 14 without a warrant, shall arrest a person if the officer has probable cause to believe the 15 person has, either in or outside the presence of the officer, within the previous 12 16 hours, 17 (1) committed domestic violence, except an offense under 18 AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 19 (2) committed the crime of violating a protective order in violation of 20 AS 11.56.740(a)(1), [OR] (2), or (4); 21 (3) violated a condition of release imposed under AS 12.30.016(e) or 22 (f) or 12.30.027. 23 * Sec. 4. AS 18.65.540(a) is amended to read: 24 (a) The Department of Public Safety shall maintain a central registry of 25 protective orders issued by or filed with a court of this state under AS 13.26.450 - 26 13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 - 18.65.870], or AS 18.66.100 - 27 18.66.180. The registry must include, for each protective order, the names of the 28 petitioner and respondent, their dates of birth, and the conditions and duration of the 29 order. The registry shall retain a record of the protective order after it has expired. 30 * Sec. 5. AS 18.65.540(b) is amended to read: 31 (b) A peace officer receiving a protective order from a court under

01 AS 13.26.450, 13.26.455, AS 18.65.850 - 18.65.855, 18.65.875, 18.65.877, or 02 AS 18.66.100 - 18.66.180, a modified order issued under AS 13.26.460, 03 AS 18.65.860, 18.65.880, or AS 18.66.120, or an order dismissing a protective order 04 shall take reasonable steps to ensure that the order, modified order, or dismissal is 05 entered into the central registry within 24 hours after being received. 06 * Sec. 6. AS 18.65 is amended by adding new sections to read: 07 Article 12A. Workplace Violence Protective Orders. 08 Sec. 18.65.875. Protective orders; eligible petitioners; relief. (a) An 09 employer may file a petition in the district or superior court for a protective order 10 against an individual who the employer reasonably believes 11 (1) committed an act of violence against the employer; 12 (2) committed an act of violence against an employee at the employer's 13 workplace; 14 (3) made a threat of violence against the employer; or 15 (4) made a threat of violence against an employee that can reasonably 16 be construed as a threat that may be carried out at the employer's workplace. 17 (b) When a petition for a protective order is filed, the court shall schedule a 18 hearing and provide at least 10 days' notice to the respondent of the hearing and of the 19 respondent's right to appear and be heard, either in person or through an attorney. If 20 the court finds by a preponderance of evidence that the respondent has committed 21 violence or made a threat of violence, regardless of whether the respondent appears at 22 the hearing, the court may order any relief available under (c) of this section. The 23 provisions of a protective order issued under this section are effective for six months 24 unless earlier dissolved by the court. 25 (c) A protective order issued under this section may 26 (1) prohibit the respondent from making a threat to commit or 27 committing violence; 28 (2) prohibit the respondent from telephoning, contacting, or otherwise 29 communicating directly or indirectly with the petitioner or a designated employee of 30 the petitioner specifically named by the court; 31 (3) direct the respondent to stay away from the workplace of the

01 petitioner, or any specified place frequented by the petitioner or a named designated 02 employee of the petitioner, during the normal course of the petitioner's business; 03 however, the court may order the respondent to stay away from the respondent's own 04 workplace only if the respondent has been provided actual notice of the opportunity to 05 appear and be heard on the petition; 06 (4) order other relief the court determines to be necessary to protect the 07 workplace of the petitioner or a designated employee of the petitioner. 08 (d) If the court issues a protective order under this section, the court shall 09 (1) make reasonable efforts to ensure that the order is understood by 10 the petitioner and, if present at the hearing, by a named designated employee of the 11 petitioner and the respondent; and 12 (2) have the order delivered to the appropriate local law enforcement 13 agency for expedited service and entry into the central registry of protective orders 14 under AS 18.65.540. 15 (e) A court may not deny a petition for a protective order solely because of a 16 lapse of time between an act of violence or a threat of violence and the filing of the 17 petition. 18 Sec. 18.65.877. Ex parte protective orders for workplace violence. An 19 employer who may file a petition for a protective order against an individual under 20 AS 18.65.875 may file a petition for an ex parte protective order against the 21 individual. If the court finds that the petition establishes probable cause that recent 22 violence has occurred or a recent threat of violence has been made, that it is necessary 23 to protect the employer or a designated employee of the petitioner from further 24 violence, and that the petitioner has certified to the court in writing the efforts, if any, 25 that have been made to provide notice to the respondent, the court shall ex parte and 26 without notice to the respondent issue a protective order. An ex parte protective order 27 under this section may grant the protection allowed by AS 18.65.875(c). An ex parte 28 protective order expires 20 days after it is issued unless dissolved earlier by the court 29 at the request of either the petitioner or the respondent after notice and, if requested, a 30 hearing. If the court issues an ex parte protective order, the court shall have the order 31 delivered to the appropriate law enforcement agency for expedited service and entry

01 into the central registry of protective orders under AS 18.65.540. 02 Sec. 18.65.880. Modification of workplace violence protective order. (a) 03 Either the petitioner or the respondent may request modification of a protective order 04 issued under AS 18.65.875 or 18.65.877. If a request is made for modification of 05 (1) a protective order after notice and hearing under AS 18.65.875, the 06 court shall schedule a hearing within 20 days after the date the request is made, except 07 that if the court finds that the request is meritless on its face, the court may deny the 08 request without further hearing; or 09 (2) an ex parte protective order under AS 18.65.877, the court shall 10 schedule a hearing on three days' notice or on shorter notice as the court may 11 prescribe. 12 (b) If a request for a modification is made under this section and the 13 respondent raises an issue not raised by the petitioner, the court may allow the 14 petitioner additional time to respond. 15 (c) If the court modifies a protective order under this section, the court shall 16 issue a modified order and shall 17 (1) make reasonable efforts to ensure that the order is understood by 18 the petitioner and, if present at the hearing, by a named designated employee of the 19 petitioner and the respondent; and 20 (2) have the order delivered to the appropriate local law enforcement 21 agency for expedited service and for entry into the central registry of protective orders 22 under AS 18.65.540. 23 Sec. 18.65.885. Specific protective orders. (a) If a respondent in a protective 24 order issued under AS 18.65.875 - 18.65.880 is prohibited from communicating with 25 the petitioner or a named designated employee of the petitioner, excluded from the 26 petitioner's workplace, or ordered to stay away from the petitioner or a named 27 designated employee of the petitioner as provided in AS 18.65.875(c)(2) - (4), an 28 invitation by the petitioner or a named designated employee of the petitioner to 29 communicate, enter the petitioner's workplace or the residence or vehicle of a named 30 designated employee of the petitioner, or have other prohibited contact with the 31 petitioner or a named designated employee of the petitioner does not waive or nullify

01 any provision in a protective order. 02 (b) A court may not order parties into mediation or refer them to mediation for 03 resolution of the issues arising from a petition for a protective order under 04 AS 18.65.875 - 18.65.899. 05 (c) In addition to other required information contained in a protective order, 06 the order must include in bold face type the following statements: 07 (1) "Violation of this order may be a misdemeanor, punishable by up 08 to one year of incarceration and up to a $25,000 fine"; 09 (2) "If you are ordered to have no contact with the petitioner or a 10 named designated employee of the petitioner or to stay away from the petitioner's or a 11 named designated employee's workplace, residence, vehicle, or other place designated 12 by the court, an invitation by the petitioner or a named designated employee of the 13 petitioner to have the prohibited contact or to be present at or enter the workplace, 14 residence, vehicle, or other place does not in any way invalidate or nullify the order." 15 (d) A protective order issued under AS 18.65.875 - 18.65.899 is in addition to 16 and not in place of any other civil or criminal remedy. A petitioner is not barred from 17 seeking an order under AS 18.65.875 - 18.65.899 because of the existence of another 18 civil action between the petitioner or a named designated employee of the petitioner 19 and the respondent. 20 Sec. 18.65.890. Forms for petitions and orders; fees. (a) The Alaska Court 21 System shall prepare forms for petitions, protective orders, and instructions for their 22 use by an employer seeking a protective order under AS 18.65.875 - 18.65.899. The 23 forms must conform to the Alaska Rules of Civil Procedure, except that information 24 on the forms may be filled in by legible handwriting. 25 (b) In addition to other information required, a petition for a protective order 26 must include a statement of pending civil or criminal actions involving the petitioner, 27 a named designated employee of the petitioner, or the respondent. While a protective 28 order is in effect or a petition for a protective order is pending, both the petitioner and 29 the respondent have a continuing duty to inform the court of pending civil or criminal 30 actions involving the petitioner, a named designated employee of the petitioner, or the 31 respondent.

01 (c) The office of the clerk of each superior and district court shall make 02 available to the public the forms a person seeking a protective order under 03 AS 18.65.875 - 18.65.899 may need and instructions for the use of the forms. The 04 clerk shall provide assistance in completing the forms and filing the forms. 05 (d) Filing fees may not be charged in any action seeking only the relief 06 provided in AS 18.65.875 - 18.65.899. 07 Sec. 18.65.895. Service of process. (a) Unless, on the record in court, the 08 respondent has already been provided a copy of the court's order, process issued under 09 AS 18.65.875 - 18.65.899 shall be promptly served and executed. If process is to be 10 served upon a respondent 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 peace 18 officer shall use every reasonable means to serve process issued under AS 18.65.875 - 19 18.65.899. A judge may not order a peace officer to serve a petition that has been 20 denied by the court. 21 (b) Service of process under (a) of this section does not preclude a petitioner 22 from using any other available means to serve process issued under AS 18.65.875 - 23 18.65.899. 24 (c) Fees for service of process may not be charged in a proceeding seeking 25 only the relief provided in AS 18.65.875 - 18.65.899. 26 Sec. 18.65.897. Civil liability. (a) A person may not bring a civil action for 27 damages against the state, its officers, agents, or employees, or a law enforcement 28 agency, its officers, agents, or employees for any failure to comply with the provisions 29 of AS 18.65.875 - 18.65.899. 30 (b) A person may not bring a civil action for damages against an employer for 31 seeking or failing to seek a protective order unless an employer seeks a protective

01 order for an illegitimate purpose. 02 Sec. 18.65.899. Definitions. In AS 18.65.875 - 18.65.899, 03 (1) "course of conduct" has the meaning given in AS 11.41.270; 04 (2) "employee" means an individual employed by an employer but 05 does not include an individual employed in the domestic service of any person; 06 (3) "employer" means a person who employs one or more other 07 persons; 08 (4) "threat of violence" means a statement or course of conduct that 09 recklessly places a person in fear of physical injury or death; 10 (5) "violence" means a crime under AS 11.41 that injures a person or 11 places a person in fear of physical injury or death; 12 (6) "workplace" means a place of employment other than a place used 13 primarily as a residence. 14 * Sec. 7. AS 22.15.100 is amended to read: 15 Sec. 22.15.100. Functions and powers of district judge and magistrate. 16 Each district judge and magistrate has the power 17 (1) to issue writs of habeas corpus for the purpose of inquiring into the 18 cause of restraint of liberty, returnable before a judge of the superior court, and the 19 same proceedings shall be had on the writ as if it had been granted by the superior 20 court judge under the laws of the state in those cases; 21 (2) of a notary public; 22 (3) to solemnize marriages; 23 (4) to issue warrants of arrest, summons, and search warrants 24 according to manner and procedure prescribed by law and the supreme court; 25 (5) to act as an examining judge or magistrate in preliminary 26 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 27 release of defendants under bail; 28 (6) to act as a referee in matters and actions referred to the judge or 29 magistrate by the superior court, with all powers conferred upon referees by laws; 30 (7) of the superior court in all respects including contempts, attendance 31 of witnesses, and bench warrants;

01 (8) to order the temporary detention of a minor, or take other action 02 authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, 03 when the minor is in a condition or surrounding dangerous or injurious to the welfare 04 of the minor or others that requires immediate action; the action may be continued in 05 effect until reviewed by the superior court in accordance with rules of procedure 06 governing these cases; 07 (9) to issue a protective order in cases involving 08 (A) domestic violence as provided in AS 18.66.100 - 09 18.66.180; [OR] 10 (B) stalking or sexual assault as provided in AS 18.65.850 - 11 18.65.870; or 12 (C) workplace violence as provided in AS 18.65.875 - 13 18.65.899; 14 (10) to review an administrative revocation of a person's driver's 15 license or nonresident privilege to drive, and an administrative refusal to issue an 16 original license, when designated as a hearing officer by the commissioner of 17 administration and with the consent of the administrative director of the Alaska Court 18 System; 19 (11) to establish the fact of death or inquire into the death of a person 20 in the manner prescribed under AS 09.55.020 - 09.55.069; 21 (12) to issue an ex parte testing, examination, or screening order 22 according to the manner and procedure prescribed by AS 18.15.375. 23 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 INDIRECT COURT RULE AMENDMENTS. (a) AS 18.65.895, added by sec. 6 of 26 this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, 27 Alaska Rules of Administration, relating to fees and service of process for a workplace 28 violence protective order. 29 (b) AS 18.65.875 - 18.65.899, added by sec. 6 of this Act, have the effect of 30 amending Rule 65, Alaska Rules of Civil Procedure, by changing the method for obtaining 31 and the timing of temporary restraining orders.

01 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 CONDITIONAL EFFECT. This Act takes effect only if sec. 8 of this Act receives the 04 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 05 Alaska. 06 * Sec. 10. If this Act takes effect under sec. 9 of this Act, it takes effect January 1, 2025.