02/10/2010 01:30 PM Senate JUDICIARY

            HB 307-SEXUAL ASSAULT PROTECTIVE ORDERS                                                                         
                                                                                                                                
CHAIR FRENCH announced the consideration of HB 307.                                                                             
                                                                                                                                
1:41:25 PM                                                                                                                    
REPRESENTATIVE LINDSEY HOLMES,  Alaska State Legislature, sponsor                                                               
of HB 307, asked her staff to introduce the bill.                                                                               
                                                                                                                                
BILL  EDWARDS,  Staff  to  Representative  Holmes,  said  HB  307                                                               
repairs the statutes pertaining to  protective orders in cases of                                                               
sexual assault. Prior  to 2001 protective orders  existed only in                                                               
cases of domestic  violence. In 2001 they were  extended to cases                                                               
of  stalking outside  a domestic  relationship and  in 2006  they                                                               
were  further  extended to  cases  of  sexual assault  outside  a                                                               
domestic relationship. However,  in an oversight in  the 2006 law                                                               
magistrates   and   district   court  judges   were   not   given                                                               
jurisdiction  to  issue the  protective  orders.  As a  result  a                                                               
number of magistrates and district  court judges are declining to                                                               
issue  protective   orders,  specifically  in  cases   of  sexual                                                               
assault.  They   point  out  that   the  current   statute  gives                                                               
jurisdiction  to do  so only  in cases  of domestic  violence and                                                               
stalking.                                                                                                                       
                                                                                                                                
HB 307 would amend AS  22.15.100 to give magistrates and district                                                               
court judges jurisdiction to issue  protective orders in cases of                                                               
sexual   assault  in   addition  to   stalking.  This   has  been                                                               
particularly problematic in rural  communities. He noted that the                                                               
sponsor of the 2006 legislation  indicated that his intention had                                                               
been  to  include magistrate  jurisdiction  for  cases of  sexual                                                               
assault.  The  Alaska Network  on  Domestic  Violence and  Sexual                                                               
Assault  and the  Alaska Peace  Officers Association  support the                                                               
legislation.                                                                                                                    
                                                                                                                                
1:43:58 PM                                                                                                                    
CHAIR FRENCH asked  to which statute sexual assault  was added in                                                               
the 2006 legislation.                                                                                                           
                                                                                                                                
MR.  EDWARDS replied  the sexual  assault  statute, AS  18.65.850                                                               
through  .870, was  created in  2001 for  stalking. The  2006 Act                                                               
extended the stalking statute to cases of sexual assault.                                                                       
                                                                                                                                
CHAIR FRENCH summarized that in  2006 sexual assault was added to                                                               
the  list  of  domestic  violence   protective  orders,  but  the                                                               
legislation  didn't  give a  judge  the  authority to  issue  the                                                               
protective order.                                                                                                               
                                                                                                                                
MR. EDWARDS agreed. A literal  reading of the statutes shows that                                                               
to be correct; they don't have jurisdiction.                                                                                    
                                                                                                                                
1:44:54 PM                                                                                                                    
SENATOR MCGUIRE joined the meeting.                                                                                             
                                                                                                                                
CHAIR FRENCH observed  that a victim of a sexual  assault can now                                                               
get  a no-contact  order  from the  judge  handling the  criminal                                                               
case, but not every case goes to criminal court.                                                                                
                                                                                                                                
MR. EDWARDS  said that's right.  The remedy for victims  in cases                                                               
of sexual  assault without  an accompanying  criminal case  is to                                                               
get a  protective order for  sexual assault. That was  the reason                                                               
for creating the 2006 statute.                                                                                                  
                                                                                                                                
CHAIR FRENCH said  he wonders what the system  response should be                                                               
in cases where  a victim asks for a sex  assault protective order                                                               
when there has been no criminal charge filed.                                                                                   
                                                                                                                                
Finding  no  further questions  and  no  testimony, Chair  French                                                               
closed public testimony.                                                                                                        
                                                                                                                                
1:48:02 PM                                                                                                                    
SENATOR MCGUIRE asked if the  sponsor reviewed the statutes to be                                                               
reasonable sure  that sexual  assault is  the only  category that                                                               
should be added to protective orders.                                                                                           
                                                                                                                                
REPRESENTATIVE  HOLMES replied  there  are other  areas that  the                                                               
court may  want to  give magistrates  jurisdiction, but  they are                                                               
not related to protective orders.                                                                                               
                                                                                                                                
SENATOR MCGUIRE  said at the  time she didn't understand  why the                                                               
stalking  statute didn't  include strangers.  Now she  wonders if                                                               
magistrates  should  be allowed  to  issue  protective orders  in                                                               
other cases.                                                                                                                    
                                                                                                                                
MR.  EDWARDS   replied  it  may   be  the  case  that   in  other                                                               
circumstances  judges should  be  empowered  to issue  protective                                                               
orders and not wait until there's been victimization.                                                                           
                                                                                                                                
SENATOR  MCGUIRE  said  it  would be  interesting  to  talk  with                                                               
magistrates to  find out if  there are other  circumstances where                                                               
they would like to have that tool.                                                                                              
                                                                                                                                
1:51:29 PM                                                                                                                    
CHAIR FRENCH pointed  out that there is  some legitimate pushback                                                               
to  protective   orders.  Most   of  the   time  they   are  used                                                               
appropriately, but every now and again they're used otherwise.                                                                  
                                                                                                                                
CHAIR FRENCH held HB 307 in committee.