Alaska 2025-2026 Regular Session

Alaska Senate Bill SB74 Compare Versions

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

Old	New	Differences
1	1
2	2	SB0074A -1- SB 74
3	3	New Text Underlined [DELETED TEXT BRACKETED]
4	4
5	5	34-GS1378\A
6	6
7	7
8	8
9	9
10	10
11	11	SENATE BILL NO. 74
12	12
13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
18	18
19	19	Introduced: 1/27/25
20	20	Referred: Transportation, 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 obstruction; and providing for an effective date." 1
28	28	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
29	29	* Section 1. AS 02.20.050 is amended by adding a new subsection to read: 3
30	30	(e) A person who violates this section is guilty of 4
31	31	(1) a class C felony if the conduct 5
32	32	(A) creates a substantial risk of physical injury to another 6
33	33	person; or 7
34	34	(B) interferes with a firefighting, medical, or other emergency 8
35	35	response; or 9
36	36	(2) a class A misdemeanor. 10
37	37	* Sec. 2. AS 02.20.060(b) is amended to read: 11
38	38	(b) A person who violates [THIS CHAPTER, OR] a regulation adopted under 12
39	39	this chapter [,] is punishable, upon conviction, for each offense by a fine of not more 13
40	40	than $500, or by imprisonment for not more than six months, or by both. 14
41	41	* Sec. 3. AS 09.65 is amended by adding a new section to read: 15 34-GS1378\A
42	42	SB 74 -2- SB0074A
43	43	New Text Underlined [DELETED TEXT BRACKETED]
44	44
45	45	Sec. 09.65.360. Civil liability for obstruction of free passage in public 1
46	46	places. (a) In addition to other civil damages and criminal penalties provided by law, a 2
47	47	person who obstructs a public place in violation of AS 02.20.050, AS 11.61.155, or 3
48	48	AS 38.05.128 is strictly liable in a civil action to another person whose passage is 4
49	49	obstructed for no less than the following damages for each incident: 5
50	50	(1) $10,000 to a person who suffers only nominal damages; 6
51	51	(2) $50,000 to a person who suffers injury to property; 7
52	52	(3) $100,000 to a person who suffers bodily injury; and 8
53	53	(4) $500,000 to a person who suffers death. 9
54	54	(b) A person is jointly and severally liable for the conduct of another person 10
55	55	under (a) of this section if the person with actual malice directly or indirectly, by 11
56	56	words or action, aids, encourages, or authorizes the conduct, including by 12
57	57	(1) participating in the conduct; 13
58	58	(2) directing, advising, or soliciting another person to engage in or 14
59	59	participate in the conduct; or 15
60	60	(3) conspiring to engage in the conduct. 16
61	61	(c) The liability of a person for damages under this section is in addition to 17
62	62	liability for an award of full reasonable attorney fees and costs to a prevailing party. 18
63	63	(d) A plaintiff under this section may be entitled to temporary and permanent 19
64	64	injunctive relief. 20
65	65	(e) A court of this state has personal jurisdiction over a person outside the 21
66	66	state who is liable under (b) of this section if the person knew or had reason to know 22
67	67	that the person's acts or omissions were likely to lead to the obstruction of a public 23
68	68	place in the state. 24
69	69	(f) Nothing in this section authorizes a cause of action against the state, a 25
70	70	political subdivision of the state, or an employee or agent of the state or a political 26
71	71	subdivision. 27
72	72	(g) In this section, 28
73	73	(1) "actual malice" means a person knows or recklessly disregards that 29
74	74	the person's actions or words will result in unlawful obstruction of a public place; 30
75	75	(2) "nominal damages" means the infraction of a legal right under the 31 34-GS1378\A
76	76	SB0074A -3- SB 74
77	77	New Text Underlined [DELETED TEXT BRACKETED]
78	78
79	79	section that does not result in death, bodily injury, or injury to property. 1
80	80	* Sec. 4. AS 11.61 is amended by adding a new section to read: 2
81	81	Sec. 11.61.155. Obstruction of a public place. (a) A person commits the 3
82	82	crime of obstruction of a public place if the person knowingly 4
83	83	(1) causes or allows a substance to drop on a public place that creates a 5
84	84	substantial risk of physical injury to another person; or 6
85	85	(2) obstructs or blocks a public place by any other means. 7
86	86	(b) It is an affirmative defense to a prosecution under (a)(1) of this section that 8
87	87	(1) the defendant took reasonable steps to remove the substance from 9
88	88	the public place; and 10
89	89	(2) no person suffered physical injury as a result of the presence of the 11
90	90	substance on the public place. 12
91	91	(c) This section does not apply to 13
92	92	(1) the obstruction or blocking of a public place authorized by a permit 14
93	93	issued by a state agency or municipality of the state; 15
94	94	(2) a service vehicle, including a bus, garbage truck, or tow truck, 16
95	95	making brief stops on a highway in the performance of its service; or 17
96	96	(3) conduct otherwise authorized by law or the person in charge of the 18
97	97	premises. 19
98	98	(d) Obstruction of a public place is 20
99	99	(1) a class C felony if 21
100	100	(A) the person violates (a)(1) of this section; or 22
101	101	(B) the conduct 23
102	102	(i) creates a substantial risk of physical injury to another 24
103	103	person; 25
104	104	(ii) substantially interferes with a person's access to a 26
105	105	public place that renders governmental or judicial services; or 27
106	106	(iii) interferes with a firefighting, medical, or other 28
107	107	emergency response; or 29
108	108	(2) a class A misdemeanor. 30
109	109	* Sec. 5. AS 38.05.128(f) is amended to read: 31 34-GS1378\A
110	110	SB 74 -4- SB0074A
111	111	New Text Underlined [DELETED TEXT BRACKETED]
112	112
113	113	(f) A violation of (a) of this section is a 1
114	114	(1) class C felony if the conduct 2
115	115	(A) creates a substantial risk of physical injury to another 3
116	116	person; or 4
117	117	(B) interferes with a firefighting, medical, or other 5
118	118	emergency response: or 6
119	119	(2) class A [B] misdemeanor. 7
120	120	* Sec. 6. AS 11.61.150 and AS 28.35.140(a) are repealed. 8
121	121	* Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 9
122	122	read: 10
123	123	APPLICABILITY. This Act applies to offenses committed on or after the effective 11
124	124	date of this Act. 12
125	125	* Sec. 8. This Act takes effect July 1, 2025. 13