Alaska 2025-2026 Regular Session

Alaska House Bill HB89 Compare Versions

Only one version of the bill is available at this time.

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11	11	HOUSE BILL NO. 89
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY REPRESENTATIVE JOSEPHSON
18	18
19	19	Introduced: 2/10/25
20	20	Referred: State Affairs, Judiciary
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to gun violence protective orders; relating to the crime of violating a 1
28	28	protective order; relating to a central registry for protective orders; relating to the 2
29	29	powers of district judges and magistrates; amending Rules 4 and 65, Alaska Rules of 3
30	30	Civil Procedure, and Rule 9, Alaska Rules of Administration; and providing for an 4
31	31	effective date." 5
32	32	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
33	33	* Section 1. AS 11.56.740(a) is amended to read: 7
34	34	(a) A person commits the crime of violating a protective order if the person is 8
35	35	subject to a protective order 9
36	36	(1) issued, filed, or recognized under AS 18.66 and containing a 10
37	37	provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to 11
38	38	commit an act with reckless disregard that the act violates or would violate a provision 12
39	39	of the protective order; 13 34-LS0531\A
40	40	HB 89 -2- HB0089a
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43	43	(2) issued or recognized under AS 18.65.850, 18.65.855, 18.65.860, or 1
44	44	18.65.867 and knowingly commits or attempts to commit an act that violates or would 2
45	45	violate a provision listed in AS 18.65.850(c)(1) - (3); [OR] 3
46	46	(3) issued under AS 13.26.450 - 13.26.460 and knowingly commits or 4
47	47	attempts to commit an act with reckless disregard that the act violates or would violate 5
48	48	a provision of the protective order; or 6
49	49	(4) issued under AS 18.65.815 - 18.65.825 and knowingly commits 7
50	50	or attempts to commit an act that violates or would violate a provision listed in 8
51	51	AS 18.65.815(c). 9
52	52	* Sec. 2. AS 11.56.740(c) is amended to read: 10
53	53	(c) In this section, "protective order" means an order issued, filed, or 11
54	54	recognized under AS 13.26.450 - 13.26.460, AS 18.65.815 - 18.65.825, 18.65.850 - 12
55	55	18.65.870 [AS 18.65.850 - 18.65.870], or AS 18.66.100 - 18.66.180. 13
56	56	* Sec. 3. AS 18.65.530(a) is amended to read: 14
57	57	(a) Except as provided in (b) or (c) of this section, a peace officer, with or 15
58	58	without a warrant, shall arrest a person if the officer has probable cause to believe the 16
59	59	person has, either in or outside the presence of the officer, within the previous 12 17
60	60	hours, 18
61	61	(1) committed domestic violence, except an offense under 19
62	62	AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 20
63	63	(2) committed the crime of violating a protective order in violation of 21
64	64	AS 11.56.740(a)(1), [OR] (2), or (4); 22
65	65	(3) violated a condition of release imposed under AS 12.30.016(e) or 23
66	66	(f) or 12.30.027. 24
67	67	* Sec. 4. AS 18.65.540(a) is amended to read: 25
68	68	(a) The Department of Public Safety shall maintain a central registry of 26
69	69	protective orders issued by or filed with a court of this state under AS 13.26.450 - 27
70	70	13.26.460, AS 18.65.815 - 18.65.825, 18.65.850 - 18.65.870 [AS 18.65.850 - 28
71	71	18.65.870], or AS 18.66.100 - 18.66.180. The registry must include, for each 29
72	72	protective order, the names of the petitioner and respondent, their dates of birth, and 30
73	73	the conditions and duration of the order. The registry shall retain a record of the 31 34-LS0531\A
74	74	HB0089a -3- HB 89
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77	77	protective order after it has expired. 1
78	78	* Sec. 5. AS 18.65.540(b) is amended to read: 2
79	79	(b) A peace officer receiving a protective order from a court under 3
80	80	AS 13.26.450, 13.26.455, AS 18.65.815, 18.65.820, 18.65.850, 18.65.855 4
81	81	[AS 18.65.850 - 18.65.855], or AS 18.66.100 - 18.66.180, a modified order issued 5
82	82	under AS 13.26.460, AS 18.65.825, 18.65.860 [AS 18.65.860], or AS 18.66.120, or an 6
83	83	order dismissing a protective order shall take reasonable steps to ensure that the order, 7
84	84	modified order, or dismissal is entered into the central registry within 24 hours after 8
85	85	being received. 9
86	86	* Sec. 6. AS 18.65 is amended by adding new sections to article 11 to read: 10
87	87	Sec. 18.65.815. Gun violence protective orders. (a) A peace officer or 11
88	88	household member who reasonably believes that a person is a danger to self or others 12
89	89	by possessing, owning, purchasing, or receiving a firearm may file a petition in the 13
90	90	district or superior court for a protective order against the person. The petition must 14
91	91	include a description of the number, types, and locations of any firearms or 15
92	92	ammunition the petitioner believes are owned or possessed by the respondent and the 16
93	93	basis for the petition. 17
94	94	(b) When a peace officer or household member files a petition for a protective 18
95	95	order, the court shall schedule a hearing and provide at least 10 days' notice to the 19
96	96	respondent of the hearing and of the respondent's right to appear and be heard, either 20
97	97	in person or through an attorney. If the court finds by clear and convincing evidence 21
98	98	that the respondent is a danger to self or others by possessing, owning, purchasing, or 22
99	99	receiving a firearm, regardless of whether the respondent appears at the hearing, the 23
100	100	court may order the relief available under (c) of this section. The provisions of a 24
101	101	protective order issued under this section are effective for six months unless earlier 25
102	102	dissolved by the court. 26
103	103	(c) A protective order issued under this section shall prohibit the respondent 27
104	104	from possessing, owning, purchasing, receiving, or attempting to purchase or receive a 28
105	105	firearm or ammunition. 29
106	106	(d) If the court issues a protective order under this section, the court shall 30
107	107	(1) make reasonable efforts to ensure that the order is understood by 31 34-LS0531\A
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111	111	the petitioner and by the respondent, if present; 1
112	112	(2) have the order delivered to the appropriate local law enforcement 2
113	113	agency for expedited service; 3
114	114	(3) direct the respondent to surrender to the appropriate law 4
115	115	enforcement agency or sell to a firearms dealer all firearms and ammunition that the 5
116	116	respondent possesses or owns within 24 hours after receiving the order. 6
117	117	Sec. 18.65.820. Ex parte and emergency gun violence protective orders. (a) 7
118	118	A peace officer or household member who reasonably believes that a person is a 8
119	119	danger to self or others may file a petition under AS 18.65.815 and request an ex parte 9
120	120	gun violence protective order. If the court finds that the petition establishes by a 10
121	121	preponderance of the evidence that the respondent poses a significant danger of injury 11
122	122	to self or others by possessing, owning, purchasing, or receiving a firearm, that less 12
123	123	restrictive alternatives have been tried and were ineffective, and that a peace officer 13
124	124	has certified to the court in writing the efforts, if any, that have been made to provide 14
125	125	notice to the respondent, the court shall ex parte and without notice to the respondent 15
126	126	issue a protective order. Before issuing the protective order, the court shall examine on 16
127	127	oath the petitioner and any witnesses the petitioner produces. The court may require 17
128	128	the petitioner and any witnesses to submit a written affidavit signed under oath instead 18
129	129	of examining the petitioner and witnesses. An ex parte protective order issued under 19
130	130	this subsection shall prohibit the respondent from possessing, owning, purchasing, or 20
131	131	receiving a firearm or ammunition. An ex parte protective order expires 20 days after 21
132	132	the order is issued unless dissolved earlier by the court at the request of either the 22
133	133	petitioner or the respondent after notice and, if requested, a hearing. If the court issues 23
134	134	an ex parte protective order, the court shall have the order delivered to the appropriate 24
135	135	law enforcement agency for expedited service. 25
136	136	(b) A peace officer may request an emergency gun violence protective order 26
137	137	from a judicial officer. A peace officer may make the request orally, either in person 27
138	138	or by telephone, or by submitting a sworn written statement. If the court finds by a 28
139	139	preponderance of the evidence that the respondent poses an immediate danger of 29
140	140	injury to self or others by possessing, owning, purchasing, or
141	141	receiving a firearm and 30
142	142	that less restrictive alternatives have been tried and were ineffective, the court ex parte 31 34-LS0531\A
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146	146	shall issue an emergency protective order. An emergency protective order shall 1
147	147	prohibit the respondent from possessing, owning, purchasing, or receiving a firearm or 2
148	148	ammunition. An emergency protective order expires 72 hours after it is issued unless 3
149	149	dissolved earlier by the court at the request of the petitioner. A peace officer who 4
150	150	obtains an emergency protective order under this subsection shall 5
151	151	(1) place the provisions of an oral order in writing on a form provided 6
152	152	by the court and file the written order with the issuing court by the end of the judicial 7
153	153	day after the order is issued; and 8
154	154	(2) immediately serve a copy of the order on the respondent. 9
155	155	(c) In determining whether to issue a protective order under this section, the 10
156	156	court may consider evidence that includes 11
157	157	(1) a recent act or threat of violence by the respondent against self or 12
158	158	others, regardless of whether the act or threat involved a firearm; 13
159	159	(2) a pattern of acts or threats of violence by the respondent against 14
160	160	self or others within the previous 12 months; 15
161	161	(3) behavior by the respondent that presents an imminent threat of 16
162	162	harm to self or others; 17
163	163	(4) a violation of a protective order by the respondent; 18
164	164	(5) a previous or existing protective order against the respondent; 19
165	165	(6) the respondent's prior conviction of a crime that constitutes 20
166	166	domestic violence as defined in AS 18.66.990; 21
167	167	(7) the respondent's ownership of, access to, or intent to possess a 22
168	168	firearm; 23
169	169	(8) the unlawful or reckless use, display, or brandishing of a firearm by 24
170	170	the respondent; 25
171	171	(9) a history of use, attempted use, or threatened use of physical force 26
172	172	by the respondent against another person; 27
173	173	(10) the respondent's history of stalking another person; 28
174	174	(11) the prior arrest of the respondent for a felony offense or violent 29
175	175	crime; 30
176	176	(12) corroborated evidence of the respondent's abuse of controlled 31 34-LS0531\A
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180	180	substances or alcohol; 1
181	181	(13) the respondent's recent acquisition of a firearm or ammunition. 2
182	182	Sec. 18.65.825. Modification of gun violence protective order. (a) A 3
183	183	petitioner or the respondent may request modification of a gun violence protective 4
184	184	order issued under AS 18.65.815 or 18.65.820(a). If a request is made for modification 5
185	185	of 6
186	186	(1) a protective order, after notice and hearing under AS 18.65.815, the 7
187	187	court shall schedule a hearing within 20 days after the date the request is made, except 8
188	188	that, if the court finds that the request is meritless on its face, the court may deny the 9
189	189	request without a hearing; or 10
190	190	(2) an ex parte protective order under AS 18.65.820(a), the court shall 11
191	191	schedule a hearing on three days' notice or on shorter notice as the court may 12
192	192	prescribe. 13
193	193	(b) If the court modifies a protective order under this section, the court shall 14
194	194	issue a modified order and shall 15
195	195	(1) make reasonable efforts to ensure that the order is understood by 16
196	196	the respondent, if present at the hearing; and 17
197	197	(2) have the order delivered to the appropriate local law enforcement 18
198	198	agency for expedited service. 19
199	199	Sec. 18.65.830. Surrender of firearms and ammunition. (a) When a court 20
200	200	issues a gun violence protective order under AS 18.65.815 - 18.65.825, the court shall 21
201	201	order the respondent to surrender to the appropriate local law enforcement agency or 22
202	202	to sell to a firearms dealer all firearms and ammunition that the respondent possesses, 23
203	203	owns, or has within the respondent's custody or control within 24 hours after receiving 24
204	204	the protective order. 25
205	205	(b) Within 48 hours after receiving notice of the protective order, the 26
206	206	respondent shall file with the 27
207	207	(1) court an original receipt showing that all firearms and ammunition 28
208	208	have been surrendered to the local law enforcement agency or sold to a firearms 29
209	209	dealer; and 30
210	210	(2) local law enforcement agency that served the protective order a 31 34-LS0531\A
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214	214	copy of the receipt filed under (1) of this subsection. 1
215	215	(c) A law enforcement agency shall retain any firearms or ammunition 2
216	216	surrendered to the law enforcement agency under this section until the expiration of 3
217	217	the gun violence protective order. When the protective order expires, the law 4
218	218	enforcement agency shall return the firearms or ammunition to the respondent. 5
219	219	(d) A respondent who has surrendered firearms or ammunition to a law 6
220	220	enforcement agency and does not want the firearms or ammunition returned may sell 7
221	221	or transfer title of the firearms or ammunition to a firearms dealer. 8
222	222	(e) A person other than the respondent who claims title to any firearms or 9
223	223	ammunition surrendered under a protective order issued under AS 18.65.815 - 10
224	224	18.65.825 may petition the court to have the firearms or ammunition returned to the 11
225	225	person. 12
226	226	Sec. 18.65.835. Service of process; forms for petitions and orders; fees; 13
227	227	warnings; notification; and pending civil or criminal actions. (a) Service of 14
228	228	process of an order issued by the court under AS 18.65.815 - 18.65.825 shall be as 15
229	229	provided in AS 18.66.160 for service of process of domestic violence protective 16
230	230	orders. 17
231	231	(b) The Alaska Court System shall prepare forms for petitions and protective 18
232	232	orders and instructions for their use by a petitioner seeking a protective order under 19
233	233	AS 18.65.815 - 18.65.825. The forms must conform to the Alaska Rules of Civil 20
234	234	Procedure, except that information on the forms may be filled in by legible 21
235	235	handwriting. Filing fees may not be charged in an action seeking only the relief 22
236	236	provided in AS 18.65.815 - 18.65.840. Each protective order form must contain the 23
237	237	following statements in boldface type: 24
238	238	(1) "Violation of this order may be a misdemeanor, punishable by up 25
239	239	to one year of incarceration and a fine of up to $10,000"; and 26
240	240	(2) "To the restrained person: this order will last until the date and time 27
241	241	noted above. You are required to surrender all firearms and ammunition that you own 28
242	242	or possess in accordance with AS 18.65.830, and you may not have in your custody or 29
243	243	control, own, purchase, possess, receive, or attempt to purchase or receive, a firearm 30
244	244	or ammunition while this order is in effect. You may seek the advice of an attorney as 31 34-LS0531\A
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248	248	to any matter connected with the order. The attorney should be consulted promptly so 1
249	249	that the attorney may assist you in any matter connected with the order." 2
250	250	(c) In addition to other information required, a petition for a protective order 3
251	251	must include a statement of pending civil and criminal actions involving the 4
252	252	respondent, if known. While a protective order is in effect or a petition for a protective 5
253	253	order is pending, both the petitioner and respondent have a continuing duty to inform 6
254	254	the court of pending civil and criminal actions involving the respondent, if known. 7
255	255	Sec. 18.65.840. Notification of law enforcement agencies. When a court 8
256	256	issues or accepts for filing a protective order under AS 18.65.815 - 18.65.825, the 9
257	257	court shall send a copy of the order to the appropriate local law enforcement agency. 10
258	258	Each law enforcement agency shall establish procedures to inform peace officers of 11
259	259	protective orders. Peace officers shall use every reasonable means to enforce a 12
260	260	protective order issued or filed under AS 18.65.815 - 18.65.825. 13
261	261	Sec. 18.65.845. Definitions. In AS 18.65.800 - 18.65.845, "household 14
262	262	member" means an individual who 15
263	263	(1) is or was formerly in a substantive dating relationship with the 16
264	264	respondent; 17
265	265	(2) is a current or former spouse of the respondent; 18
266	266	(3) is or was formerly engaged to the respondent; 19
267	267	(4) is residing with the respondent or has resided with the respondent; 20
268	268	(5) is related by blood to the respondent; 21
269	269	(6) is or was formerly related by marriage to the respondent; or 22
270	270	(7) has a child in common with the respondent or is currently pregnant 23
271	271	with the respondent's child. 24
272	272	* Sec. 7. AS 22.15.100 is amended to read: 25
273	273	Sec. 22.15.100. Functions and powers of district judge and magistrate. 26
274	274	Each district judge and magistrate has the power 27
275	275	(1) to issue writs of habeas corpus for the purpose of inquiring into the 28
276	276	cause of restraint of liberty, returnable before a judge of the superior court, and the 29
277	277	same proceedings shall be had on the writ as if it had been granted by the superior 30
278	278	court judge under the laws of the state in those cases; 31 34-LS0531\A
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282	282	(2) of a notary public; 1
283	283	(3) to solemnize marriages; 2
284	284	(4) to issue warrants of arrest, summons, and search warrants 3
285	285	according to manner and procedure prescribed by law and the supreme court; 4
286	286	(5) to act as an examining judge or magistrate in preliminary 5
287	287	examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 6
288	288	release of defendants under bail; 7
289	289	(6) to act as a referee in matters and actions referred to the judge or 8
290	290	magistrate by the superior court, with all powers conferred on [UPON] referees by 9
291	291	laws; 10
292	292	(7) of the superior court in all respects including contempts, attendance 11
293	293	of witnesses, and bench warrants; 12
294	294	(8) to order the temporary detention of a minor, or take other action 13
295	295	authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, 14
296	296	when the minor is in a condition or surrounding dangerous or injurious to the welfare 15
297	297	of the minor or others that requires immediate action; the action may be continued in 16
298	298	effect until reviewed by the superior court in accordance with rules of procedure 17
299	299	governing these cases; 18
300	300	(9) to issue a protective order in cases involving 19
301	301	(A) domestic violence as provided in AS 18.66.100 - 20
302	302	18.66.180; [OR] 21
303	303	(B) stalking or sexual assault as provided in AS 18.65.850 - 22
304	304	18.65.870; or 23
305	305	(C) gun violence as provided in AS 18.65.815 - 18.65.825; 24
306	306	(10) to review an administrative revocation of a person's driver's 25
307	307	license or nonresident privilege to drive, and an administrative refusal to issue an 26
308	308	original license, when designated as a hearing officer by the commissioner of 27
309	309	administration and with the consent of the administrative director of the Alaska Court 28
310	310	System; 29
311	311	(11) to establish the fact of death or inquire into the death of a person 30
312	312	in the manner prescribed under AS 09.55.020 - 09.55.069; 31 34-LS0531\A
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316	316	(12) to issue an ex parte testing, examination, or screening order 1
317	317	according to the manner and procedure prescribed by AS 18.15.375. 2
318	318	* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 3
319	319	read: 4
320	320	INDIRECT COURT RULE AMENDMENTS. (a) AS 18.65.835, added by sec. 6 of 5
321	321	this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, 6
322	322	Alaska Rules of Administration, relating to fees and service of process for a gun violence 7
323	323	protective order. 8
324	324	(b) The provisions of sec. 6 of this Act have the effect of amending Rule 65, Alaska 9
325	325	Rules of Civil Procedure, by changing the method for obtaining, and the timing of, temporary 10
326	326	restraining orders. 11
327	327	* Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 12
328	328	read: 13
329	329	CONDITIONAL EFFECT. AS 18.65.815 - 18.65.845, added by sec. 6 of this Act, 14
330	330	take effect only if sec. 8 of this Act receives the two-thirds majority vote of each house 15
331	331	required by art. IV, sec. 15, Constitution of the State of Alaska. 16
332	332	* Sec. 10. This Act takes effect July 1, 2025. 17