SB 308-DOMESTIC VIOLENCE PROTECTIVE ORDERS  SENATOR HOLLIS FRENCH, sponsor of SB 308, told members that he reviewed the Rules of Professional Conduct in response to the question of whether attorneys are or might encourage divorce clients to run to court to get a restraining order against their spouses. The rules state that a lawyer shall not counsel or assist a client to engage in conduct that the lawyer knows is criminal or fraudulent. Therefore, an attorney would be risking his or her professional license if he or she engaged in such activity. SENATOR THERRIAULT asked how he would seek a remedy if he suspected his wife's divorce attorney was recommending she get a restraining order against him. SENATOR FRENCH said he would file a complaint with the Alaska Bar Association. SENATOR THERRIAULT asked if he would have to hire an attorney to do so. SENATOR FRENCH said he would not have to but would probably be better off doing so. He noted the Alaska Bar Association prosecutes the complaints in-house. The bar collects information from the complainant, asks the attorney for a statement, looks into the matter and makes a decision. CHAIR SEEKINS commented that domestic violence complaints seem to show up very quickly in ugly divorces, especially with young people. While it may be against the rules of professional conduct for an attorney to encourage a client to get a restraining order for bogus reasons, it might be difficult to prove the attorney's motives. He added that sometimes a spouse is even baited into an argument so that the other spouse can get a restraining order. He said he would lean toward giving the court discretion to determine what is going on. He stated, "It just seems to me that any order that would automatically be effective for one year may be leaning outside of the discretion of the court. I don't have any problem with the court saying that they have a leeway - they can make that effective for six months to 12 months, rather than making it one or the other." SENATOR FRENCH offered the following amendment [Amendment 1] to page 1, lines 13 and 14, to read: (2) (c)(2)-(16) of this section are effective for a minimum of six months or up to one year unless earlier dissolved by court order. CHAIR SEEKINS responded that makes him feel better because in talking to some people off the record, they would prefer to have some discretion rather than a fixed limit. SENATOR FRENCH amended his amendment to change the word "or" to "and" so that it reads "a minimum of six months and up to one year...". SENATOR THERRIAULT questioned the reason for the change. SENATOR FRENCH withdrew the amendment to Amendment 1. CHAIR SEEKINS announced that without objection, Amendment 1 was adopted. SENATOR OGAN offered Amendment 2, which reads as follows: A M E N D M E N T 2  OFFERED IN THE SENATE BY SENATOR OGAN TO: SB 308 Page 1, line 1, following "Act": Insert "relating to warnings on domestic violence forms  and" Page 1, following line 14: Insert a new bill section to read:  "* Sec. 2. AS 18.66.150 is amended by adding a new subsection to read: (e) Forms and instructions for petitions and requests to modify petitions must contain a conspicuous warning that the petitions and requests are submitted under oath under penalty of perjury and that a person making a false statement may be prosecuted for perjury and, if found guilty, may be punished for violation of a felony." CHAIR SEEKINS objected for the purpose of hearing an explanation. SENATOR OGAN explained that Amendment 2 changes the title and adds a new section that simply says that forms, instructions, petitions, and requests to modify petitions must contain a conspicuous warning, for the purpose of informing people that if they make a false statement, they could be charged with perjury and, if found guilty, could be punished for a felony. He maintained that Amendment 2 would put people on notice so that if they plan to manipulate the system by making a false statement to gain an advantage, they are committing perjury. SENATOR FRENCH believed that petition statements are sworn to now so Amendment 2 would comport with the way the statements are currently made and the penalty for false statements. He was unsure whether protective order statements are given under oath. CHAIR SEEKINS said the key word in Amendment 2 is "conspicuous" because the notice would have to stand out and be easily noticed. SENATOR OGAN affirmed that is his intent. SENATOR THERRIAULT clarified that the [protective order] form is signed before a notary. CHAIR SEEKINS said the notary is notarizing the signature, not the statement. SENATOR THERRIAULT noted the petitioner swears or affirms under penalty of perjury. He asked whether the font would be made larger and/or bolder. CHAIR SEEKINS said he doesn't read it to say the person could be punished for the violation of a felony. He pointed out that most conspicuous statements are required to be in larger, bolder or a different font type that is easily recognizable. SENATOR THERRIAULT said if the effect of Amendment 2 is to flesh that statement out and make it bolder, he sees no problem with it. SENATOR OGAN affirmed that is his intent. CHAIR SEEKINS removed his objection and, with no further objection, Amendment 2 was adopted. SENATOR OGAN moved to adopt Amendment 3, which reads as follows: A M E N D M E N T 3 OFFERED IN THE SENATE BY SENATOR OGAN TO: SB 308 Page 1, line 1, following "Act": Insert "relating to warnings on domestic violence and  stalking forms and" Page 1, following line 3: Insert a new bill section to read:  "* Section. 1. AS 18.65.865(b) is amended to read: (b) The Alaska Court System shall prepare forms for petitions and protective orders and instructions for their use by a person seeking a protective order under AS 18.65.850 - 18.65.860. The forms must conform to the Alaska Rules of Civil Procedure, except that information on the forms may be filled in by legible handwriting. Filing fees may not be charged in any action seeking only the relief provided in AS 18.65.850 - 18.65.870. Each protective order form must contain the following warning in boldface type: "Violation of this order may be a misdemeanor, punishable by up to one year of incarceration and a fine of up to $5,000." Forms and  instructions for petitions and requests to modify  petitions must contain a conspicuous warning that the  petitions and requests are submitted under oath under  penalty of perjury and that a person making a false  statement may be prosecuted for perjury and, if found  guilty, may be punished for violation of a felony." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Page 1, following line 14: Insert a new bill section to read:  "* Sec. 3. AS 18.66.150 is amended by adding a new subsection to read: (e) Forms and instructions for petitions and requests to modify petitions must contain a conspicuous warning that the petitions and requests are submitted under oath under penalty of perjury and that a person making a false statement may be prosecuted for perjury and, if found guilty, may be punished for violation of a felony." CHAIR SEEKINS objected for the purpose of discussion. SENATOR OGAN explained that Amendment 3 would add the same conspicuous warning onto domestic violence stalking forms. There being no discussion, CHAIR SEEKINS removed his objection. With no further objection, Amendment 3 was adopted. SENATOR THERRIAULT asked if the intent of the committee is that any existing forms be thrown out on the effective date of this bill or to allow existing forms to be used up. SENATOR OGAN said to save state resources and trees, he would not object to using up the existing forms within a reasonable time but not to print new forms without the conspicuous notice. SENATOR THERRIAULT thought it would lower the fiscal note to make the change when the next group of forms is printed. No member objected. SENATOR OGAN offered to draft a letter of intent from the committee to address on the Senate floor. CHAIR SEEKINS noted he would indicate the letter of intent is the will of the committee. There being no further discussion, SENATOR OGAN moved CSSB 308(JUD) from committee with individual recommendations and attached fiscal notes. CHAIR SEEKINS announced that with no objection, the motion carried.