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2 | 2 | | HB0064a -1- HB 64 |
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3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
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4 | 4 | | |
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5 | 5 | | 34-LS0440\A |
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11 | 11 | | HOUSE BILL NO. 64 |
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12 | 12 | | |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY REPRESENTATIVES TOMASZEWSKI, Johnson, Schwanke, Prax |
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18 | 18 | | |
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19 | 19 | | Introduced: 1/24/25 |
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20 | 20 | | Referred: Health and Social Services, Judiciary |
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22 | 22 | | |
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23 | 23 | | A BILL |
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24 | 24 | | |
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25 | 25 | | FOR AN ACT ENTITLED |
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26 | 26 | | |
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27 | 27 | | "An Act relating to the surrender of infants; and providing for an effective date." 1 |
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28 | 28 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2 |
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29 | 29 | | * Section 1. AS 47.10.013(c) is amended to read: 3 |
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30 | 30 | | (c) A parent who is immune from prosecution under AS 11.81.500 and 4 |
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31 | 31 | | chooses to surrender an infant shall surrender the infant in the manner described in this 5 |
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32 | 32 | | subsection. Surrendering the infant in the manner described in this subsection 6 |
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33 | 33 | | constitutes abandonment for purposes of this chapter. An infant's parent is considered 7 |
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34 | 34 | | to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and 8 |
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35 | 35 | | AS 47.10.120, the parent's legal duty to support the infant is extinguished if 9 |
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36 | 36 | | (1) the parent, without expressing an intent to return for the infant, 10 |
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37 | 37 | | leaves the infant 11 |
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38 | 38 | | (A) in the physical custody of a person who |
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39 | 39 | | 12 |
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40 | 40 | | (i) [IS A (A) PERSON] the parent reasonably believes 13 |
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41 | 41 | | would provide for the health and safety of the infant and who would act 14 |
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42 | 42 | | appropriately to care for the infant; 15 34-LS0440\A |
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43 | 43 | | HB 64 -2- HB0064a |
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46 | 46 | | (ii) is a [(B)] peace officer, community health aide, 1 |
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47 | 47 | | physician, or hospital employee; or 2 |
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48 | 48 | | (iii) [(C) PERSON WHO] is employed by or is a 3 |
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49 | 49 | | volunteer for a fire department or emergency medical service, if the 4 |
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50 | 50 | | person is acting within the scope of the person's fire department or 5 |
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51 | 51 | | emergency medical service duties; or 6 |
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52 | 52 | | (B) in an infant safety device that 7 |
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53 | 53 | | (i) is physically affixed to an exterior wall or located 8 |
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54 | 54 | | inside of a hospital, emergency department, freestanding birth 9 |
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55 | 55 | | center as defined in AS 47.32.900, office of a private physician 10 |
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56 | 56 | | whether in individual or group practice, rural health clinic as 11 |
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57 | 57 | | defined in AS 47.32.900, municipal police department, state trooper 12 |
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58 | 58 | | post, fire department, or other facility designated by the 13 |
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59 | 59 | | commissioner as an appropriate location for an infant safety device 14 |
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60 | 60 | | under regulations adopted by the commissioner; and 15 |
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61 | 61 | | (ii) meets the requirements of (h) of this section; and 16 |
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62 | 62 | | (2) there is no evidence the infant has been physically injured before 17 |
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63 | 63 | | abandonment. 18 |
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64 | 64 | | * Sec. 2. AS 47.10.013(d) is amended to read: 19 |
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65 | 65 | | (d) A person to whom an infant is surrendered in the manner described in 20 |
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66 | 66 | | (c)(1)(A)(ii) or (iii) [(c)(1)(B) OR (C)] of this section shall 21 |
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67 | 67 | | (1) act appropriately to care for the infant; 22 |
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68 | 68 | | (2) inform the parent that the parent may, but is not required to, answer 23 |
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69 | 69 | | any questions regarding the name, identity, and medical history of the infant and 24 |
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70 | 70 | | parents of the infant unless the parent chooses to contact the department under (3) of 25 |
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71 | 71 | | this subsection; 26 |
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72 | 72 | | (3) ask the parent if the parent wishes to relinquish the parent's 27 |
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73 | 73 | | parental rights and release the infant for adoption; if the answer is affirmative, the 28 |
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74 | 74 | | person shall contact the department so that the parent can discuss that option with the 29 |
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75 | 75 | | department; 30 |
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76 | 76 | | (4) immediately notify the nearest office of the department that the 31 34-LS0440\A |
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77 | 77 | | HB0064a -3- HB 64 |
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78 | 78 | | New Text Underlined [DELETED TEXT BRACKETED] |
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79 | 79 | | |
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80 | 80 | | infant has been surrendered in the manner described in (c)(1)(A)(ii) or (iii) [(c)] of this 1 |
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81 | 81 | | section. 2 |
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82 | 82 | | * Sec. 3. AS 47.10.013(e) is amended to read: 3 |
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83 | 83 | | (e) An individual, agency, designated facility, or entity that receives an infant 4 |
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84 | 84 | | abandoned safely under (c) of this section is not liable for civil damages for failure to 5 |
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85 | 85 | | discharge the duties listed in (d) of this section. 6 |
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86 | 86 | | * Sec. 4. AS 47.10.013 is amended by adding new subsections to read: 7 |
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87 | 87 | | (g) A designated facility that receives an infant surrendered under (c)(1)(B) of 8 |
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88 | 88 | | this section shall immediately notify the nearest office of the department that the infant 9 |
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89 | 89 | | has been surrendered under (c)(1)(B) of this section. 10 |
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90 | 90 | | (h) An infant safety device must be 11 |
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91 | 91 | | (1) located in an area that is conspicuous and visible to employees of a 12 |
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92 | 92 | | designated facility; 13 |
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93 | 93 | | (2) climate-controlled; 14 |
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94 | 94 | | (3) clearly marked with appropriate signage, as determined by the 15 |
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95 | 95 | | department; and 16 |
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96 | 96 | | (4) equipped with 17 |
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97 | 97 | | (A) a system that automatically transmits a request to the 911 18 |
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98 | 98 | | emergency system for the immediate dispatch of an emergency medical 19 |
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99 | 99 | | services provider to the location of the infant safety device when the infant 20 |
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100 | 100 | | safety device is opened; 21 |
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101 | 101 | | (B) a video surveillance system that allows employees of the 22 |
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102 | 102 | | designated facility to monitor the interior of the infant safety device 24 hours a 23 |
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103 | 103 | | day; and 24 |
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104 | 104 | | (C) an automated lock that secures the infant inside the infant 25 |
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105 | 105 | | safety device after deposit. 26 |
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106 | 106 | | (i) The department may provide training to emergency medical service 27 |
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107 | 107 | | providers, 911 operators, hospital staff, firefighters, law enforcement officers, and 28 |
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108 | 108 | | employees of a designated facility in how to implement and comply with the 29 |
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109 | 109 | | requirements for the surrender of an infant as described in this section. 30 |
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110 | 110 | | (j) In this section, "designated facility" means a facility described in 31 34-LS0440\A |
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111 | 111 | | HB 64 -4- HB0064a |
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112 | 112 | | New Text Underlined [DELETED TEXT BRACKETED] |
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114 | 114 | | (c)(1)(B)(i) of this section that has an infant safety device located at the facility. 1 |
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115 | 115 | | * Sec. 5. This Act takes effect July 1, 2026. 2 |
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