Alaska 2025-2026 Regular Session

Alaska House Bill HB64 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22 HB0064a -1- HB 64
33 New Text Underlined [DELETED TEXT BRACKETED]
44
55 34-LS0440\A
66
77
88
99
1010
1111 HOUSE BILL NO. 64
1212
1313 IN THE LEGISLATURE OF THE STATE OF ALASKA
1414
1515 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
1616
1717 BY REPRESENTATIVES TOMASZEWSKI, Johnson, Schwanke, Prax
1818
1919 Introduced: 1/24/25
2020 Referred: Health and Social Services, Judiciary
2121
2222
2323 A BILL
2424
2525 FOR AN ACT ENTITLED
2626
2727 "An Act relating to the surrender of infants; and providing for an effective date." 1
2828 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
2929 * Section 1. AS 47.10.013(c) is amended to read: 3
3030 (c) A parent who is immune from prosecution under AS 11.81.500 and 4
3131 chooses to surrender an infant shall surrender the infant in the manner described in this 5
3232 subsection. Surrendering the infant in the manner described in this subsection 6
3333 constitutes abandonment for purposes of this chapter. An infant's parent is considered 7
3434 to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and 8
3535 AS 47.10.120, the parent's legal duty to support the infant is extinguished if 9
3636 (1) the parent, without expressing an intent to return for the infant, 10
3737 leaves the infant 11
3838 (A) in the physical custody of a person who
3939 12
4040 (i) [IS A (A) PERSON] the parent reasonably believes 13
4141 would provide for the health and safety of the infant and who would act 14
4242 appropriately to care for the infant; 15 34-LS0440\A
4343 HB 64 -2- HB0064a
4444 New Text Underlined [DELETED TEXT BRACKETED]
4545
4646 (ii) is a [(B)] peace officer, community health aide, 1
4747 physician, or hospital employee; or 2
4848 (iii) [(C) PERSON WHO] is employed by or is a 3
4949 volunteer for a fire department or emergency medical service, if the 4
5050 person is acting within the scope of the person's fire department or 5
5151 emergency medical service duties; or 6
5252 (B) in an infant safety device that 7
5353 (i) is physically affixed to an exterior wall or located 8
5454 inside of a hospital, emergency department, freestanding birth 9
5555 center as defined in AS 47.32.900, office of a private physician 10
5656 whether in individual or group practice, rural health clinic as 11
5757 defined in AS 47.32.900, municipal police department, state trooper 12
5858 post, fire department, or other facility designated by the 13
5959 commissioner as an appropriate location for an infant safety device 14
6060 under regulations adopted by the commissioner; and 15
6161 (ii) meets the requirements of (h) of this section; and 16
6262 (2) there is no evidence the infant has been physically injured before 17
6363 abandonment. 18
6464 * Sec. 2. AS 47.10.013(d) is amended to read: 19
6565 (d) A person to whom an infant is surrendered in the manner described in 20
6666 (c)(1)(A)(ii) or (iii) [(c)(1)(B) OR (C)] of this section shall 21
6767 (1) act appropriately to care for the infant; 22
6868 (2) inform the parent that the parent may, but is not required to, answer 23
6969 any questions regarding the name, identity, and medical history of the infant and 24
7070 parents of the infant unless the parent chooses to contact the department under (3) of 25
7171 this subsection; 26
7272 (3) ask the parent if the parent wishes to relinquish the parent's 27
7373 parental rights and release the infant for adoption; if the answer is affirmative, the 28
7474 person shall contact the department so that the parent can discuss that option with the 29
7575 department; 30
7676 (4) immediately notify the nearest office of the department that the 31 34-LS0440\A
7777 HB0064a -3- HB 64
7878 New Text Underlined [DELETED TEXT BRACKETED]
7979
8080 infant has been surrendered in the manner described in (c)(1)(A)(ii) or (iii) [(c)] of this 1
8181 section. 2
8282 * Sec. 3. AS 47.10.013(e) is amended to read: 3
8383 (e) An individual, agency, designated facility, or entity that receives an infant 4
8484 abandoned safely under (c) of this section is not liable for civil damages for failure to 5
8585 discharge the duties listed in (d) of this section. 6
8686 * Sec. 4. AS 47.10.013 is amended by adding new subsections to read: 7
8787 (g) A designated facility that receives an infant surrendered under (c)(1)(B) of 8
8888 this section shall immediately notify the nearest office of the department that the infant 9
8989 has been surrendered under (c)(1)(B) of this section. 10
9090 (h) An infant safety device must be 11
9191 (1) located in an area that is conspicuous and visible to employees of a 12
9292 designated facility; 13
9393 (2) climate-controlled; 14
9494 (3) clearly marked with appropriate signage, as determined by the 15
9595 department; and 16
9696 (4) equipped with 17
9797 (A) a system that automatically transmits a request to the 911 18
9898 emergency system for the immediate dispatch of an emergency medical 19
9999 services provider to the location of the infant safety device when the infant 20
100100 safety device is opened; 21
101101 (B) a video surveillance system that allows employees of the 22
102102 designated facility to monitor the interior of the infant safety device 24 hours a 23
103103 day; and 24
104104 (C) an automated lock that secures the infant inside the infant 25
105105 safety device after deposit. 26
106106 (i) The department may provide training to emergency medical service 27
107107 providers, 911 operators, hospital staff, firefighters, law enforcement officers, and 28
108108 employees of a designated facility in how to implement and comply with the 29
109109 requirements for the surrender of an infant as described in this section. 30
110110 (j) In this section, "designated facility" means a facility described in 31 34-LS0440\A
111111 HB 64 -4- HB0064a
112112 New Text Underlined [DELETED TEXT BRACKETED]
113113
114114 (c)(1)(B)(i) of this section that has an infant safety device located at the facility. 1
115115 * Sec. 5. This Act takes effect July 1, 2026. 2