00                             SENATE BILL NO. 9                                                                          
01 "An Act relating to the surrender of infants; and providing for an effective date."                                     
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 47.10.013(c) is amended to read:                                                                   
04 (c)  A parent who is immune from prosecution under AS 11.81.500 and                                                     
05 chooses to surrender an infant shall surrender the infant in the manner described in this                               
06 subsection. Surrendering the infant in the manner described in this subsection                                          
07 constitutes abandonment for purposes of this chapter. An infant's parent is considered                                  
08 to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and                                              
09       AS 47.10.120, the parent's legal duty to support the infant is extinguished if                                    
10                 (1)  the parent, without expressing an intent to return for the infant,                                 
11       leaves the infant                                                                                                 
12                      (A)  in the physical custody of a person who                                                   
13                           (i)  [IS A (A) PERSON] the parent reasonably believes                                     
14                 would provide for the health and safety of the infant and who would act                                 
15                 appropriately to care for the infant;                                                                   

01                           (ii)  is a [(B)] peace officer, community health aide,                                    
02                 physician, or hospital employee; or                                                                     
03 (iii) [(C)  PERSON WHO] is employed by or is a                                                                      
04 volunteer for a fire department or emergency medical service, if the                                                    
05 person is acting within the scope of the person's fire department or                                                    
06                 emergency medical service duties; or                                                                
07                      (B)  in an infant safety device that                                                           
08                           (i)  is physically affixed to an exterior wall or located                                 
09                 inside of a hospital, emergency department, freestanding birth                                      
10 center as defined in AS 47.32.900, office of a private physician                                                    
11 whether in individual or group practice, rural health clinic as                                                     
12 defined in AS 47.32.900, municipal police department, state trooper                                                 
13 post, fire department, or other facility designated by the                                                          
14 commissioner as an appropriate location for an infant safety device                                                 
15                 under regulations adopted by the commissioner; and                                                  
16                           (ii)  meets the requirements of (h) of this section; and                                  
17 (2)  there is no evidence the infant has been physically injured before                                                 
18       abandonment.                                                                                                      
19    * Sec. 2. AS 47.10.013(d) is amended to read:                                                                      
20 (d)  A person to whom an infant is surrendered in the manner described in                                               
21       (c)(1)(A)(ii) or (iii) [(c)(1)(B) OR (C)] of this section shall                                               
22                 (1)  act appropriately to care for the infant;                                                          
23 (2)  inform the parent that the parent may, but is not required to, answer                                              
24 any questions regarding the name, identity, and medical history of the infant and                                       
25 parents of the infant unless the parent chooses to contact the department under (3) of                                  
26       this subsection;                                                                                                  
27 (3)  ask the parent if the parent wishes to relinquish the parent's                                                     
28 parental rights and release the infant for adoption; if the answer is affirmative, the                                  
29 person shall contact the department so that the parent can discuss that option with the                                 
30       department;                                                                                                       
31 (4)  immediately notify the nearest office of the department that the                                                   

01       infant has been surrendered in the manner described in (c)(1)(A)(ii) or (iii) [(c)] of this                   
02       section.                                                                                                          
03    * Sec. 3. AS 47.10.013(e) is amended to read:                                                                      
04            (e)  An individual, agency, designated facility, or entity that receives an infant                       
05       abandoned safely under (c) of this section is not liable for civil damages for failure to                         
06       discharge the duties listed in (d) of this section.                                                               
07    * Sec. 4. AS 47.10.013 is amended by adding new subsections to read:                                               
08            (g)  A designated facility that receives an infant surrendered under (c)(1)(B) of                            
09       this section shall immediately notify the nearest office of the department that the infant                        
10       has been surrendered under (c)(1)(B) of this section.                                                             
11            (h)  An infant safety device must be                                                                         
12 (1)  located in an area that is conspicuous and visible to employees of a                                               
13       designated facility;                                                                                              
14                 (2)  climate-controlled;                                                                                
15 (3)  clearly marked with appropriate signage, as determined by the                                                      
16       department; and                                                                                                   
17                 (4)  equipped with                                                                                      
18 (A)  a system that automatically transmits a request to the 911                                                         
19 emergency system for the immediate dispatch of an emergency medical                                                     
20 services provider to the location of the infant safety device when the infant                                           
21            safety device is opened;                                                                                     
22 (B)  a video surveillance system that allows employees of the                                                           
23 designated facility to monitor the interior of the infant safety device 24 hours a                                      
24            day; and                                                                                                     
25 (C)  an automated lock that secures the infant inside the infant                                                        
26            safety device after deposit.                                                                                 
27 (i)  The department may provide training to emergency medical service                                                   
28 providers, 911 operators, hospital staff, firefighters, law enforcement officers, and                                   
29 employees of a designated facility in how to implement and comply with the                                              
30       requirements for the surrender of an infant as described in this section.                                         
31 (j)  In this section, "designated facility" means a facility described in                                               

01       (c)(1)(B)(i) of this section that has an infant safety device located at the facility.                            
02    * Sec. 5. This Act takes effect July 1, 2026.