SCS HB 8(CRA): "An Act relating to protective orders."
00 SENATE CS FOR HOUSE BILL NO. 8(CRA) 01 "An Act relating to protective orders." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.56.740(a) is amended to read: 04 (a) A person commits the crime of violating a protective order if the person is 05 subject to a protective order 06 (1) issued, [OR] filed, or recognized under AS 18.66 and containing a 07 provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to 08 commit an act with reckless disregard that the act violates or would violate a provision 09 of the protective order; 10 (2) issued or recognized under AS 18.65.850, 18.65.855, [OR] 11 18.65.860, or 18.65.867 and knowingly commits or attempts to commit an act that 12 violates or would violate a provision listed in AS 18.65.850(c)(1) - (3); or 13 (3) issued under AS 13.26.450 - 13.26.460 and knowingly commits or 14 attempts to commit an act with reckless disregard that the act violates or would violate 15 a provision of the protective order.
01 * Sec. 2. AS 11.56.740(c) is amended to read: 02 (c) In this section, "protective order" means an order issued, [OR] filed, or 03 recognized under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.870, or 04 AS 18.66.100 - 18.66.180. 05 * Sec. 3. AS 12.30.027(b) is amended to read: 06 (b) A judicial officer may not order or permit a person released under (a) of 07 this section to return to the residence or place of employment of the victim or the 08 residence or place of employment of a petitioner who has a protective order directed to 09 the person and issued, [OR] filed, or recognized under AS 18.66.100 - 18.66.180 10 unless 11 (1) 20 days have elapsed following the date the person was arrested; 12 (2) the victim or petitioner consents to the person's return to the 13 residence or place of employment; 14 (3) the person does not have a prior conviction for an offense under 15 AS 11.41 that is a crime involving domestic violence; and 16 (4) the court finds by clear and convincing evidence that the return to 17 the residence or place of employment does not pose a danger to the victim or 18 petitioner. 19 * Sec. 4. AS 12.65.130(a) is amended to read: 20 (a) The state child fatality review team shall 21 (1) assist the state medical examiner in determining the cause and 22 manner of the deaths in this state of children under 18 years of age; 23 (2) unless the child's death is currently being investigated by a law 24 enforcement agency, review a report of a death of a child within 48 hours of the report 25 being received by the medical examiner if 26 (A) the death is of a child under 10 years of age; 27 (B) the deceased child, a sibling, or a member of the deceased 28 child's household 29 (i) is in the legal or physical custody of the state under 30 AS 47 or under similar custody of another state or political subdivision 31 of a state; or
01 (ii) has been the subject of a report of harm under 02 AS 47.17 or a child abuse or neglect investigation by the Department of 03 Health and Social Services or by a similar child protective service in 04 this or another state; 05 (C) a protective order issued, filed, or recognized under 06 AS 18.66.100, [OR] 18.66.110, or 18.66.140 has been in effect during the 07 previous year in which the petitioner or respondent was a member of the 08 deceased child's immediate family or household; or 09 (D) the child's death occurred in a mental health institution, 10 mental health treatment facility, foster home, or other residential or child care 11 facility, including a day care facility; 12 (3) review records concerning 13 (A) abuse or neglect of the deceased child or another child in 14 the deceased child's household; 15 (B) the criminal history or juvenile delinquency of a person 16 who may have caused the death of the child and of persons in the deceased 17 child's household; and 18 (C) a history of domestic violence involving a person who may 19 have caused the death of the child or involving persons in the deceased child's 20 household, including records in the central registry of protective orders under 21 AS 18.65.540; 22 (4) if insufficient information exists to adequately determine the cause 23 and manner of death, recommend to the state medical examiner that additional 24 information be obtained under AS 12.65.020; and 25 (5) if a local, regional, or district child fatality review team has not 26 been appointed under AS 12.65.015 or is not available, be available to provide 27 recommendations, suggestions, and advice to state or municipal law enforcement or 28 social service agencies in the investigation of deaths of children. 29 * Sec. 5. AS 18.65 is amended by adding a new section to read: 30 Sec. 18.65.867. Enforcement and recognition of protective orders issued in 31 other jurisdictions. (a) A protective order issued in another jurisdiction has the same
01 effect and must be recognized and enforced in the same manner as a protective order 02 issued by a court of this state if the protective order is 03 (1) issued by a court of the United States, a court of another state or 04 territory, a United States military tribunal, or a tribal court; 05 (2) related to stalking or sexual assault that is not a crime involving 06 domestic violence; and 07 (3) entitled to full faith and credit under 18 U.S.C. 2265. 08 (b) A protective order issued in another jurisdiction that appears authentic on 09 its face is presumed valid. 10 * Sec. 6. AS 18.66.140(b) is amended to read: 11 (b) A protective order issued in another jurisdiction [FILED IN 12 ACCORDANCE WITH (a) OF THIS SECTION] has the same effect and must be 13 recognized and enforced in the same manner as a protective order issued by a court of 14 this state, regardless of whether the protective order issued in another jurisdiction 15 is filed as described in (a) of this section, if the protective order is 16 (1) issued by a court of the United States, a court of another state 17 or territory, a United States military tribunal, or a tribal court; 18 (2) related to domestic violence; and 19 (3) entitled to full faith and credit under 18 U.S.C. 2265. 20 * Sec. 7. AS 18.66.140 is amended by adding a new subsection to read: 21 (d) A protective order issued in another jurisdiction that appears authentic on 22 its face is presumed valid. 23 * Sec. 8. AS 22.35.030 is amended to read: 24 Sec. 22.35.030. Publication of Records [RECORDS CONCERNING 25 CRIMINAL CASES RESULTING IN ACQUITTAL OR DISMISSAL]. The 26 Alaska Court System may not publish a court record [OF A CRIMINAL CASE] on a 27 publicly available website 28 (1) in a criminal case if 60 days have elapsed from the date of 29 acquittal or dismissal and 30 (A) [(1)] the defendant was acquitted of all charges filed in the 31 case;
01 (B) [(2)] all criminal charges against the defendant in the case 02 have been dismissed and were not dismissed as part of a plea agreement in 03 another criminal case under Rule 11, Alaska Rules of Criminal Procedure; 04 (C) [(3)] the defendant was acquitted of some of the criminal 05 charges in the case and the remaining charges were dismissed; or 06 (D) [(4)] all criminal charges against the defendant in the case 07 have been dismissed after a suspended entry of judgment under AS 12.55.078; 08 (2) of a protective order under AS 18.65.850 - 18.65.870 or 09 AS 18.66.100 - 18.66.180, restraining order, or injunction in a case involving 10 domestic violence, stalking, or sexual assault if the publication would likely reveal 11 the identity or location of the party protected under the order. 12 * Sec. 9. AS 25.24.210(e) is amended to read: 13 (e) If the petition is filed by both spouses under AS 25.24.200(a), the petition 14 must state in detail the terms of the agreement between the spouses concerning the 15 custody of children, child support in terms of periodic payments and in terms of health 16 care expenses, visitation, spousal maintenance and tax consequences, if any, and fair 17 and just division of property, including retirement benefits. A petition filed by both 18 spouses under AS 25.24.200(a) may provide for the ownership or joint ownership of 19 an animal, taking into consideration the well-being of the animal. Agreements on 20 spousal maintenance and property division must fairly allocate the economic effect of 21 dissolution and take into consideration the factors listed in AS 25.24.160(a)(2) and (4). 22 In addition, the petition must state 23 (1) the respective occupations of the petitioners; 24 (2) the income, assets, and liabilities of the respective petitioners at the 25 time of filing the petition; 26 (3) the date and place of the marriage; 27 (4) the name, date of birth, and current marital, educational, and 28 custodial status of each child born of the marriage or adopted by the petitioners who is 29 under the age of 19; 30 (5) whether the wife is pregnant; 31 (6) whether either petitioner requires medical care or treatment;
01 (7) whether any of the following has been issued or filed during the 02 marriage by or regarding either spouse as defendant, participant, or respondent: 03 (A) a criminal charge of a crime involving domestic violence; 04 (B) a protective order under AS 18.66.100 - 18.66.180; 05 (C) injunctive relief under former AS 25.35.010 or 25.35.020; 06 or 07 (D) a protective order issued in another jurisdiction and 08 recognized [FILED WITH THE COURT] in this state under AS 18.66.140; 09 (8) whether either petitioner has received the advice of legal counsel 10 regarding a divorce or dissolution; 11 (9) other facts and circumstances that the petitioners believe should be 12 considered; 13 (10) that the petition constitutes the entire agreement between the 14 petitioners; and 15 (11) any other relief sought by the petitioners. 16 * Sec. 10. AS 25.24.220(h) is amended to read: 17 (h) In its examination of a petitioner under (d) of this section, the court shall 18 use a heightened level of scrutiny of agreements if 19 (1) one party is represented by counsel and the other is not; 20 (2) there is evidence that a party committed a crime involving 21 domestic violence during the marriage or if any of the following has been issued or 22 filed during the marriage by or regarding either spouse as defendant, participant, or 23 respondent: 24 (A) a criminal charge of a crime involving domestic violence; 25 (B) a protective order under AS 18.66.100 - 18.66.180; 26 (C) injunctive relief under former AS 25.35.010 or 25.35.020; 27 or 28 (D) a protective order issued in another jurisdiction and 29 recognized [FILED WITH THE COURT] in this state under AS 18.66.140; 30 (3) there is a minor child of the marriage; or 31 (4) there is a patently inequitable division of the marital estate.