Alaska 33rd Legislature (2023-2024) Status: Passed Senate Bipartisan · 1 D · 1 R cosponsors

SB 28 — An Act relating to workplace violence protective orders; relating to the crime of violating a protective order; relating to the powers of district judges and magistrates; amending Rules 4 and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration; and providing for an effective date.

Last action — (H) REFERRED TO FINANCE

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 33rd Legislature (2023-2024). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

232 added · 237 removed

Plain-language change summary

The recent changes to SB 28 streamline the criteria for issuing protective orders related to workplace violence. The bill now focuses solely on acts or threats of violence against employers or employees, removing specific references to previous criteria that distinguished between actions against employers and those against employees. This simplification is important because it allows for quicker legal responses to potential threats in the workplace, potentially enhancing safety for all employees and employers involved.

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33-LS0242\R CS FOR SENATE BILL NO.
33-LS0242\A SENATE BILL NO.
28(JUD) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THE SENATE JUDICIARY COMMITTEE Referred:
28 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY SENATORS CLAMAN, Kaufman Introduced:
Finance Sponsor(s):
1/18/23 Referred:
SENATORS CLAMAN, Kaufman A BILL FOR AN ACT ENTITLED "An Act relating to workplace violence protective orders;
State Affairs, Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to workplace violence protective orders;
(2) issued or recognized under AS 18.65.850, 18.65.855, 18.65.860, or 18.65.867 and knowingly commits or attempts to commit an act that violates or would SB0028B -1- CSSB 28(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\R violate a provision listed in AS 18.65.850(c)(1) - (3);
(2) issued or recognized under AS 18.65.850, 18.65.855, 18.65.860, or 18.65.867 and knowingly commits or attempts to commit an act that violates or would SB0028A -1- SB 28 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\A violate a provision listed in AS 18.65.850(c)(1) - (3);
(b) A peace officer receiving a protective order from a court under CSSB 28(JUD) -2- SB0028B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\R AS 13.26.450, 13.26.455, AS 18.65.850 - 18.65.855, 18.65.875, 18.65.877, or AS 18.66.100 - 18.66.180, a modified order issued under AS 13.26.460, AS 18.65.860, 18.65.880, or AS 18.66.120, or an order dismissing a protective order shall take reasonable steps to ensure that the order, modified order, or dismissal is entered into the central registry within 24 hours after being received.
(b) A peace officer receiving a protective order from a court under SB 28 -2- SB0028A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\A AS 13.26.450, 13.26.455, AS 18.65.850 - 18.65.855, 18.65.875, 18.65.877, or AS 18.66.100 - 18.66.180, a modified order issued under AS 13.26.460, AS 18.65.860, 18.65.880, or AS 18.66.120, or an order dismissing a protective order shall take reasonable steps to ensure that the order, modified order, or dismissal is entered into the central registry within 24 hours after being received.
(a) An employer may file a petition in the district or superior court for a protective order against an individual who the employer reasonably believes (1) committed an act of violence against the employer;
(a) An employer may file a petition in the district or superior court for a protective order against an individual who the employer reasonably believes (1) committed an act of violence against the employer or an employee;
(2) committed an act of violence against an employee at the employer's workplace;
or (2) made a threat of violence against the employer or an employee that can reasonably be construed as a threat that may be carried out at the employer's workplace.
(3) made a threat of violence against the employer;
or (4) made a threat of violence against an employee that can reasonably be construed as a threat that may be carried out at the employer's workplace.
(3) direct the respondent to stay away from the workplace of the SB0028B -3- CSSB 28(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\R petitioner, or any specified place frequented by the petitioner or a named designated employee of the petitioner, during the normal course of the petitioner's business;
(3) direct the respondent to stay away from the workplace of the petitioner, or any specified place frequented by the petitioner or a named designated SB0028A -3- SB 28 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\A employee of the petitioner, during the normal course of the petitioner's business;
and (2) have the order delivered to the appropriate local law enforcement agency for expedited service and entry into the central registry of protective orders under AS 18.65.540.
and (2) have the order delivered to the appropriate local law enforcement agency for expedited service.
If the court issues an ex parte protective order, the court shall have the order delivered to the appropriate law enforcement agency for expedited service and entry CSSB 28(JUD) -4- SB0028B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\R into the central registry of protective orders under AS 18.65.540.
If the court issues an ex parte protective order, the court shall have the order delivered to the appropriate law enforcement agency for expedited service.
(a) Either the petitioner or the respondent may request modification of a protective order issued under AS 18.65.875 or 18.65.877.
(a) Either the petitioner or the respondent may request modificn of a protective order SB 28 -4- SB0028A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\A issued under AS 18.65.875 or 18.65.877.
(a) If a respondent in a protective order issued under AS 18.65.875 - 18.65.880 is prohibited from communicating with the petitioner or a named designated employee of the petitioner, excluded from the petitioner's workplace, or ordered to stay away from the petitioner or a named designated employee of the petitioner as provided in AS 18.65.875(c)(2) - (4), an invitation by the petitioner or a named designated employee of the petitioner to communicate, enter the petitioner's workplace or the residence or vehicle of a named designated employee of the petitioner, or have other prohibited contact with the petitioner or a named designated employee of the petitioner does not waive or nullify SB0028B -5- CSSB 28(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\R any provision in a protective order.
(a) If a respondent in a protective order issued under AS 18.65.875 - 18.65.880 is prohibited from communicating with the petitioner or a named designated employee of the petitioner, excluded from the petitioner's workplace, or ordered to stay away from the petitioner or a named designated employee of the petitioner as provided in AS 18.65.875(c)(2) - (4), an invitation by the petitioner or a named designated employee of the petitioner to communicate, enter the petitioner's workplace or the residence or vehicle of a named designated employee of the petitioner, or have other prohibited contact with the petitioner or a named designated employee of the petitioner does not waive or nullify any provision in a protective order.
(b) A court may not order parties into mediation or refer them to mediation for resolution of the issues arising from a petition for a protective order under AS 18.65.875 - 18.65.899.
(b) A court may not order parties into mediation or refer them to mediation for resolution of the issues arising from a petition for a protective order under SB0028A -5- SB 28 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\A AS 18.65.875 - 18.65.899.
CSSB 28(JUD) -6- SB0028B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\R (c) The office of the clerk of each superior and district court shall make available to the public the forms a person seeking a protective order under AS 18.65.875 - 18.65.899 may need and instructions for the use of the forms.
(c) The office of the clerk of each superior and district court shall make available to the public the forms a person seeking a protective order under AS 18.65.875 - 18.65.899 may need and instructions for the use of the forms.
The clerk shall provide assistance in completing the forms and filing the forms.
The SB 28 -6- SB0028A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\A clerk shall provide assistance in completing the forms and filing the forms.
(b) A person may not bring a civil action for damages against an employer for seeking or failing to seek a protective order unless an employer seeks a protective SB0028B -7- CSSB 28(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\R order for an illegitimate purpose.
(b) A person may not bring a civil action for damages against an employer for seeking or failing to seek a protective order unless an employer seeks a protective order for an illegitimate purpose.
(2) "employee" means an individual employed by an employer but does not include an individual employed in the domestic service of any person;
SB0028A -7- SB 28 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\A (2) "employee" has the meaning given in AS 18.80.300;
(3) "employer" means a person who employs one or more other persons;
(3) "employer" has the meaning given in AS 18.80.300;
CSSB 28(JUD) -8- SB0028B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\R (8) to order the temporary detention of a minor, or take other action authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, when the minor is in a condition or surrounding dangerous or injurious to the welfare of the minor or others that requires immediate action;
(8) to order the temporary detention of a minor, or take other action authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, when the minor is in a condition or surrounding dangerous or injurious to the welfare of the minor or others that requires immediate action;
the action may be continued in effect until reviewed by the superior court in accordance with rules of procedure governing these cases;
the action may be continued in effect until reviewed by the superior court in accordance with rules of procedure SB 28 -8- SB0028A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\A governing these cases;
SB0028B -9- CSSB 28(JUD) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\R * Sec.
* Sec.
* Sec.
SB0028A -9- SB 28 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0242\A * Sec.
9 of this Act, it takes effect January 1, 2025.
9 of this Act, it takes effect January 1, 2024.
CSSB 28(JUD) -10- SB0028B New Text Underlined [DELETED TEXT BRACKETED]
SB 28 -10- SB0028A New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (H) REFERRED TO FINANCE

  2. (H) FIN REFERRAL ADDED AFTER JUD

  3. (H) FN11: (DPS)

  4. (H) FN10: (DPS)

  5. (H) FN9: (AJS)

  6. (H) FN8: ZERO(DPS)

  7. (H) FN4: ZERO(LAW)

  8. (H) FN3: (ADM)

  9. (H) FN2: (ADM)

  10. (H) NR: C.JOHNSON, GRAY, GROH, ALLARD

  11. (H) DP: CARPENTER, VANCE

  12. (H) PENDING TITLE CHANGE HCR

  13. (H) JUD RPT HCS(JUD) NEW TITLE 2DP 4NR

  14. (H) Minutes (HJUD)

  15. (H) -- Delayed to 15 Minutes Following Session --

  16. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  17. (H) JUD

  18. (H) READ THE FIRST TIME - REFERRALS

  19. (S) VERSION: CSSB 28(FIN)

  20. (S) TRANSMITTED TO (H)

  21. (S) COSPONSOR(S): KAUFMAN

  22. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  23. (S) COURT RULE(S) SAME AS PASSAGE

  24. (S) PASSED Y18 N1 E1

  25. (S) READ THE THIRD TIME CSSB 28(FIN)

  26. (S) ADVANCED TO THIRD READING 5/6 CAL

  27. (S) FIN CS ADOPTED UC

  28. (S) READ THE SECOND TIME

  29. (S) RULES TO CALENDAR 5/3/2024

  30. (S) FN7: ZERO(AJS)

  31. (S) FN6: (DPS)

  32. (S) FN5: ZERO(DPS)

  33. (S) FN4: ZERO(LAW)

  34. (S) FN3: (ADM)

  35. (S) FN2: (ADM)

  36. (S) NR: WILSON, KIEHL, MERRICK, BISHOP

  37. (S) DP: OLSON

  38. (S) FIN RPT CS 1DP 4NR SAME TITLE

  39. (S) Minutes (SFIN)

  40. (S) Moved CSSB 28(FIN) Out of Committee -- Please Note Time Change --

  41. (S) FINANCE at 01:30 PM SENATE FINANCE 532

  42. (S) Minutes (SFIN)

  43. (S) Heard & Held

  44. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  45. (S) FIN REFERRAL ADDED

  46. (S) FN7: ZERO(AJS)

  47. (S) FN6: (DPS)

  48. (S) FN5: ZERO(DPS)

  49. (S) FN4: ZERO(LAW)

  50. (S) FN3: (ADM)

  51. (S) FN2: (ADM)

  52. (S) NR: TOBIN

  53. (S) DP: CLAMAN, GIESSEL, KAUFMAN

  54. (S) JUD RPT CS 3DP 1NR SAME TITLE

  55. (S) Minutes (SJUD)

  56. (S) Moved CSSB 28(JUD) Out of Committee

  57. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  58. (S) Minutes (SJUD)

  59. (S) Heard & Held

  60. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  61. (S) Minutes (SJUD)

  62. (S) Heard & Held -- Delayed to 2:30 PM --

  63. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  64. (S) FN1: ZERO(LAW)

  65. (S) AM: CLAMAN

  66. (S) DP: WIELECHOWSKI

  67. (S) NR: KAWASAKI, MERRICK, BJORKMAN

  68. (S) STA RPT 1DP 3NR 1AM

  69. (S) Minutes (SSTA)

  70. (S) Moved SB 28 Out of Committee

  71. (S) STATE AFFAIRS at 03:30 PM BELTZ 105 (TSBldg)

  72. (S) Minutes (SSTA)

  73. (S) Heard & Held

  74. (S) STATE AFFAIRS at 03:30 PM BELTZ 105 (TSBldg)

  75. (S) STA, JUD

  76. (S) READ THE FIRST TIME - REFERRALS

  77. (S) Prefile released 1/9/23

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 63 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (63)

63 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors SB 28?
SB 28 is sponsored by James Kaufman (R) and Matt Claman (D).
What is the current status of SB 28?
This bill died with 33rd Legislature (2023-2024). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 28?
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