SB 54 - PROTECTIVE ORDERS FOR SEXUAL ASSAULT 1:19:55 PM CHAIR McGUIRE announced that the first order of business would be CS FOR SENATE BILL NO. 54(FIN), "An Act amending protective order statutes for crimes involving stalking to include crimes involving sexual assault and sexual abuse, to provide for other relief ordered by a court, to add the protective orders to a centralized registry, to prevent denial solely for a lapse of time, and to require notification of the court of known civil or criminal actions involving the petitioner or respondent; relating to notifications to victims of sexual assault and to mandatory arrest for crimes involving violation of protective orders and violation of conditions of release; and amending Rule 65, Alaska Rules of Civil Procedure." REPRESENTATIVE GARA noted that he doesn't have any questions regarding SB 54. 1:21:31 PM SENATOR FRED DYSON, Alaska State Legislature, sponsor of SB 54, relayed that some judges are not allowing rape and [sexual] assault victims to obtain a restraining order because Alaska law is not specific enough. Therefore, SB 54 primarily adds sexual assault to the categories of stalking and domestic violence, [which have access to protective orders]. The legislation also requires the alleged victim to inform the judge if there are other pending actions between the victim and the perpetrator. Senator Dyson acknowledged that some restraining orders have been requested based on spite or maneuver during divorce hearings. However, he opined that the aforementioned almost never occurs in sexual assault cases. 1:23:48 PM CHRISTINE McLEOD PATE, Mentoring Attorney, Alaska Network on Domestic Violence & Sexual Assault (ANDVSA), began by noting her support of SB 54. She informed the committee that she has worked in the field of domestic violence and sexual assault for over 13 years. She then reminded the committee that the state ranks number one for sexual assault and the state's forcible rape rate is 2.5 times the national average. This legislation, she explained, would create a much-needed remedy for sexual assault victims who are not intimate partners with the person who sexually assaulted them by allowing them to obtain a protection order. She noted that Standing Together Against Rape (STAR) has repeatedly brought forward this request. Ms. Pate concluded by urging the committee pass SB 54 out of committee. CHAIR McGUIRE shared her view that SB 54 is further clean up of statute with regard to protective orders. REPRESENTATIVE GARA offered his understanding that if someone is arrested or sentenced for sexual assault, it's a standard condition of bail or sentencing that there be no contact by the alleged perpetrator with the victim. Therefore, he assumed that there must be some circumstance in which there is no arrest and the bail and sentencing conditions don't apply. MS. PATE said that is correct, adding that there is under- prosecution in this area and thus some of the cases don't result in criminal prosecutions. Ms. Pate then highlighted that SB 54 provides more specific remedies than a criminal no-contact order, and, in that sense, is probably more enforceable if there's a violation. CHAIR McGUIRE, upon determining no one else wished to testify, closed public testimony on SB 54. 1:27:47 PM REPRESENTATIVE KOTT moved to report CSSB 54(FIN) out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 54(FIN) was reported from the House Judiciary Standing Committee.