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CS FOR SENATE BILL NO. 28(JUD)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE SENATE JUDICIARY COMMITTEE
Offered: 2/21/24
Referred: Finance
Sponsor(s): SENATOR CLAMAN
A BILL
FOR AN ACT ENTITLED
"An Act relating to workplace violence protective orders; relating to the crime of 1
violating a protective order; relating to the powers of district judges and magistrates; 2
amending Rules 4 and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of 3
Administration; and providing for an effective date." 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
* Section 1. AS 11.56.740(a) is amended to read: 6
(a) A person commits the crime of violating a protective order if the person is 7
subject to a protective order 8
(1) issued, filed, or recognized under AS 18.66 and containing a 9
provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to 10
commit an act with reckless disregard that the act violates or would violate a provision 11
of the protective order; 12
(2) issued or recognized under AS 18.65.850, 18.65.855, 18.65.860, or 13
18.65.867 and knowingly commits or attempts to commit an act that violates or would 14 33-LS0242\R
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violate a provision listed in AS 18.65.850(c)(1) - (3); [OR] 1
(3) issued under AS 13.26.450 - 13.26.460 and knowingly commits or 2
attempts to commit an act with reckless disregard that the act violates or would violate 3
a provision of the protective order; or 4
(4) issued under AS 18.65.875 - 18.65.899 and knowingly commits 5
or attempts to commit an act that violates or would violate a provision listed in 6
AS 18.65.875(c). 7
* Sec. 2. AS 11.56.740(c) is amended to read: 8
(c) In this section, "protective order" means an order issued, filed, or 9
recognized under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 10
- 18.65.870], or AS 18.66.100 - 18.66.180. 11
* Sec. 3. AS 18.65.530(a) is amended to read: 12
(a) Except as provided in (b) or (c) of this section, a peace officer, with or 13
without a warrant, shall arrest a person if the officer has probable cause to believe the 14
person has, either in or outside the presence of the officer, within the previous 12 15
hours, 16
(1) committed domestic violence, except an offense under 17
AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 18
(2) committed the crime of violating a protective order in violation of 19
AS 11.56.740(a)(1), [OR] (2), or (4); 20
(3) violated a condition of release imposed under AS 12.30.016(e) or 21
(f) or 12.30.027. 22
* Sec. 4. AS 18.65.540(a) is amended to read: 23
(a) The Department of Public Safety shall maintain a central registry of 24
protective orders issued by or filed with a court of this state under AS 13.26.450 - 25
13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 - 18.65.870], or AS 18.66.100 - 26
18.66.180. The registry must include, for each protective order, the names of the 27
petitioner and respondent, their dates of birth, and the conditions and duration of the 28
order. The registry shall retain a record of the protective order after it has expired. 29
* Sec. 5. AS 18.65.540(b) is amended to read: 30
(b) A peace officer receiving a protective order from a court under 31 33-LS0242\R
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AS 13.26.450, 13.26.455, AS 18.65.850 - 18.65.855, 18.65.875, 18.65.877, or 1
AS 18.66.100 - 18.66.180, a modified order issued under AS 13.26.460, 2
AS 18.65.860, 18.65.880, or AS 18.66.120, or an order dismissing a protective order 3
shall take reasonable steps to ensure that the order, modified order, or dismissal is 4
entered into the central registry within 24 hours after being received. 5
* Sec. 6. AS 18.65 is amended by adding new sections to read: 6
Article 12A. Workplace Violence Protective Orders. 7
Sec. 18.65.875. Protective orders; eligible petitioners; relief. (a) An 8
employer may file a petition in the district or superior court for a protective order 9
against an individual who the employer reasonably believes 10
(1) committed an act of violence against the employer; 11
(2) committed an act of violence against an employee at the employer's 12
workplace; 13
(3) made a threat of violence against the employer; or 14
(4) made a threat of violence against an employee that can reasonably 15
be construed as a threat that may be carried out at the employer's workplace. 16
(b) When a petition for a protective order is filed, the court shall schedule a 17
hearing and provide at least 10 days' notice to the respondent of the hearing and of the 18
respondent's right to appear and be heard, either in person or through an attorney. If 19
the court finds by a preponderance of evidence that the respondent has committed 20
violence or made a threat of violence, regardless of whether the respondent appears at 21
the hearing, the court may order any relief available under (c) of this section. The 22
provisions of a protective order issued under this section are effective for six months 23
unless earlier dissolved by the court. 24
(c) A protective order issued under this section may 25
(1) prohibit the respondent from making a threat to commit or 26
committing violence; 27
(2) prohibit the respondent from telephoning, contacting, or otherwise 28
communicating directly or indirectly with the petitioner or a designated employee of 29
the petitioner specifically named by the court; 30
(3) direct the respondent to stay away from the workplace of the 31 33-LS0242\R
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petitioner, or any specified place frequented by the petitioner or a named designated 1
employee of the petitioner, during the normal course of the petitioner's business; 2
however, the court may order the respondent to stay away from the respondent's own 3
workplace only if the respondent has been provided actual notice of the opportunity to 4
appear and be heard on the petition; 5
(4) order other relief the court determines to be necessary to protect the 6
workplace of the petitioner or a designated employee of the petitioner. 7
(d) If the court issues a protective order under this section, the court shall 8
(1) make reasonable efforts to ensure that the order is understood by 9
the petitioner and, if present at the hearing, by a named designated employee of the 10
petitioner and the respondent; and 11
(2) have the order delivered to the appropriate local law enforcement 12
agency for expedited service and entry into the central registry of protective orders 13
under AS 18.65.540. 14
(e) A court may not deny a petition for a protective order solely because of a 15
lapse of time between an act of violence or a threat of violence and the filing of the 16
petition. 17
Sec. 18.65.877. Ex parte protective orders for workplace violence. An 18
employer who may file a petition for a protective order against an individual under 19
AS 18.65.875 may file a petition for an ex parte protective order against the 20
individual. If the court finds that the petition establishes probable cause that recent 21
violence has occurred or a recent threat of violence has been made, that it is necessary 22
to protect the employer or a designated employee of the petitioner from further 23
violence, and that the petitioner has certified to the court in writing the efforts, if any, 24
that have been made to provide notice to the respondent, the court shall ex parte and 25
without notice to the respondent issue a protective order. An ex parte protective order 26
under this section may grant the protection allowed by AS 18.65.875(c). An ex parte 27
protective order expires 20 days after it is issued unless dissolved earlier by the court 28
at the request of either the petitioner or the respondent after notice and, if requested, a 29
hearing. If the court issues an ex parte protective order, the court shall have the order 30
delivered to the appropriate law enforcement agency for expedited service and entry 31 33-LS0242\R
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into the central registry of protective orders under AS 18.65.540. 1
Sec. 18.65.880. Modification of workplace violence protective order. (a) 2
Either the petitioner or the respondent may request modification of a protective order 3
issued under AS 18.65.875 or 18.65.877. If a request is made for modification of 4
(1) a protective order after notice and hearing under AS 18.65.875, the 5
court shall schedule a hearing within 20 days after the date the request is made, except 6
that if the court finds that the request is meritless on its face, the court may deny the 7
request without further hearing; or 8
(2) an ex parte protective order under AS 18.65.877, the court shall 9
schedule a hearing on three days' notice or on shorter notice as the court may 10
prescribe. 11
(b) If a request for a modification is made under this section and the 12
respondent raises an issue not raised by the petitioner, the court may allow the 13
petitioner additional time to respond. 14
(c) If the court modifies a protective order under this section, the court shall 15
issue a modified order and shall 16
(1) make reasonable efforts to ensure that the order is understood by 17
the petitioner and, if present at the hearing, by a named designated employee of the 18
petitioner and the respondent; and 19
(2) have the order delivered to the appropriate local law enforcement 20
agency for expedited service and for entry into the central registry of protective orders 21
under AS 18.65.540. 22
Sec. 18.65.885. Specific protective orders. (a) If a respondent in a protective 23
order issued under AS 18.65.875 - 18.65.880 is prohibited from communicating with 24
the petitioner or a named designated employee of the petitioner, excluded from the 25
petitioner's workplace, or ordered to stay away from the petitioner or a named 26
designated employee of the petitioner as provided in AS 18.65.875(c)(2) - (4), an 27
invitation by the petitioner or a named designated employee of the petitioner to 28
communicate, enter the petitioner's workplace or the residence or vehicle of a named 29
designated employee of the petitioner, or have other prohibited contact with the 30
petitioner or a named designated employee of the petitioner does not waive or nullify 31 33-LS0242\R
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any provision in a protective order. 1
(b) A court may not order parties into mediation or refer them to mediation for 2
resolution of the issues arising from a petition for a protective order under 3
AS 18.65.875 - 18.65.899. 4
(c) In addition to other required information contained in a protective order, 5
the order must include in bold face type the following statements: 6
(1) "Violation of this order may be a misdemeanor, punishable by up 7
to one year of incarceration and up to a $25,000 fine"; 8
(2) "If you are ordered to have no contact with the petitioner or a 9
named designated employee of the petitioner or to stay away from the petitioner's or a 10
named designated employee's workplace, residence, vehicle, or other place designated 11
by the court, an invitation by the petitioner or a named designated employee of the 12
petitioner to have the prohibited contact or to be present at or enter the workplace, 13
residence, vehicle, or other place does not in any way invalidate or nullify the order." 14
(d) A protective order issued under AS 18.65.875 - 18.65.899 is in addition to 15
and not in place of any other civil or criminal remedy. A petitioner is not barred from 16
seeking an order under AS 18.65.875 - 18.65.899 because of the existence of another 17
civil action between the petitioner or a named designated employee of the petitioner 18
and the respondent. 19
Sec. 18.65.890. Forms for petitions and orders; fees. (a) The Alaska Court 20
System shall prepare forms for petitions, protective orders, and instructions for their 21
use by an employer seeking a protective order under AS 18.65.875 - 18.65.899. The 22
forms must conform to the Alaska Rules of Civil Procedure, except that information 23
on the forms may be filled in by legible handwriting. 24
(b) In addition to other information required, a petition for a protective order 25
must include a statement of pending civil or criminal actions involving the petitioner, 26
a named designated employee of the petitioner, or the respondent. While a protective 27
order is in effect or a petition for a protective order is pending, both the petitioner and 28
the respondent have a continuing duty to inform the court of pending civil or criminal 29
actions involving the petitioner, a named designated employee of the petitioner, or the 30
respondent. 31 33-LS0242\R
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(c) The office of the clerk of each superior and district court shall make 1
available to the public the forms a person seeking a protective order under 2
AS 18.65.875 - 18.65.899 may need and instructions for the use of the forms. The 3
clerk shall provide assistance in completing the forms and filing the forms. 4
(d) Filing fees may not be charged in any action seeking only the relief 5
provided in AS 18.65.875 - 18.65.899. 6
Sec. 18.65.895. Service of process. (a) Unless, on the record in court, the 7
respondent has already been provided a copy of the court's order, process issued under 8
AS 18.65.875 - 18.65.899 shall be promptly served and executed. If process is to be 9
served upon a respondent believed to be present or residing in a municipality, as 10
defined in AS 29.71.800, or in an unincorporated community, process shall be served 11
by a peace officer of that municipality or unincorporated community who has 12
jurisdiction within the area of service. If a peace officer of the municipality or 13
unincorporated community who has jurisdiction is not available, a superior court, 14
district court, or magistrate may designate any other peace officer to serve and execute 15
process. A state peace officer shall serve process in any area that is not within the 16
jurisdiction of a peace officer of a municipality or unincorporated community. A peace 17
officer shall use every reasonable means to serve process issued under AS 18.65.875 - 18
18.65.899. A judge may not order a peace officer to serve a petition that has been 19
denied by the court. 20
(b) Service of process under (a) of this section does not preclude a petitioner 21
from using any other available means to serve process issued under AS 18.65.875 - 22
18.65.899. 23
(c) Fees for service of process may not be charged in a proceeding seeking 24
only the relief provided in AS 18.65.875 - 18.65.899. 25
Sec. 18.65.897. Civil liability. (a) A person may not bring a civil action for 26
damages against the state, its officers, agents, or employees, or a law enforcement 27
agency, its officers, agents, or employees for any failure to comply with the provisions 28
of AS 18.65.875 - 18.65.899. 29
(b) A person may not bring a civil action for damages against an employer for 30
seeking or failing to seek a protective order unless an employer seeks a protective 31 33-LS0242\R
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order for an illegitimate purpose. 1
Sec. 18.65.899. Definitions. In AS 18.65.875 - 18.65.899, 2
(1) "course of conduct" has the meaning given in AS 11.41.270; 3
(2) "employee" means an individual employed by an employer but 4
does not include an individual employed in the domestic service of any person; 5
(3) "employer" means a person who employs one or more other 6
persons; 7
(4) "threat of violence" means a statement or course of conduct that 8
recklessly places a person in fear of physical injury or death; 9
(5) "violence" means a crime under AS 11.41 that injures a person or 10
places a person in fear of physical injury or death; 11
(6) "workplace" means a place of employment other than a place used 12
primarily as a residence. 13
* Sec. 7. AS 22.15.100 is amended to read: 14
Sec. 22.15.100. Functions and powers of district judge and magistrate. 15
Each district judge and magistrate has the power 16
(1) to issue writs of habeas corpus for the purpose of inquiring into the 17
cause of restraint of liberty, returnable before a judge of the superior court, and the 18
same proceedings shall be had on the writ as if it had been granted by the superior 19
court judge under the laws of the state in those cases; 20
(2) of a notary public; 21
(3) to solemnize marriages; 22
(4) to issue warrants of arrest, summons, and search warrants 23
according to manner and procedure prescribed by law and the supreme court; 24
(5) to act as an examining judge or magistrate in preliminary 25
examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 26
release of defendants under bail; 27
(6) to act as a referee in matters and actions referred to the judge or 28
magistrate by the superior court, with all powers conferred upon referees by laws; 29
(7) of the superior court in all respects including contempts, attendance 30
of witnesses, and bench warrants; 31 33-LS0242\R
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(8) to order the temporary detention of a minor, or take other action 1
authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, 2
when the minor is in a condition or surrounding dangerous or injurious to the welfare 3
of the minor or others that requires immediate action; the action may be continued in 4
effect until reviewed by the superior court in accordance with rules of procedure 5
governing these cases; 6
(9) to issue a protective order in cases involving 7
(A) domestic violence as provided in AS 18.66.100 - 8
18.66.180; [OR] 9
(B) stalking or sexual assault as provided in AS 18.65.850 - 10
18.65.870; or 11
(C) workplace violence as provided in AS 18.65.875 - 12
18.65.899; 13
(10) to review an administrative revocation of a person's driver's 14
license or nonresident privilege to drive, and an administrative refusal to issue an 15
original license, when designated as a hearing officer by the commissioner of 16
administration and with the consent of the administrative director of the Alaska Court 17
System; 18
(11) to establish the fact of death or inquire into the death of a person 19
in the manner prescribed under AS 09.55.020 - 09.55.069; 20
(12) to issue an ex parte testing, examination, or screening order 21
according to the manner and procedure prescribed by AS 18.15.375. 22
* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 23
read: 24
INDIRECT COURT RULE AMENDMENTS. (a) AS 18.65.895, added by sec. 6 of 25
this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, 26
Alaska Rules of Administration, relating to fees and service of process for a workplace 27
violence protective order. 28
(b) AS 18.65.875 - 18.65.899, added by sec. 6 of this Act, have the effect of 29
amending Rule 65, Alaska Rules of Civil Procedure, by changing the method for obtaining 30
and the timing of temporary restraining orders. 31 33-LS0242\R
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* Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 1
read: 2
CONDITIONAL EFFECT. This Act takes effect only if sec. 8 of this Act receives the 3
two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 4
Alaska. 5
* Sec. 10. If this Act takes effect under sec. 9 of this Act, it takes effect January 1, 2025. 6