HB 222 — An Act relating to workplace violence protective orders; relating to attorney fees; 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.

34-LS0864\T34-LS0864\I CS FOR HOUSE BILL NO.

222(JUD)222 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECONDFIRST SESSION BY THEREPRESENTATIVE HOUSEHALL JUDICIARYIntroduced: COMMITTEE Referred:

Labor5/7/25 andReferred: Commerce Sponsor(s):

REPRESENTATIVEJudiciary, HALLLabor and Commerce A BILL FOR AN ACT ENTITLED "An Act relating to victimworkplace counselingviolence center 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 HB0222bHB0222a -1- CSHBHB 222(JUD)222 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\T34-LS0864\I violate a provision listed in AS 18.65.850(c)(1) - (3);

(a) The Department of Public Safety shall maintain a central registry of protective orders issued by or filed with a court of this state under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.899 [AS 18.65.850 - 18.65.870], or AS 18.66.100 - CSHBHB 222(JUD)222 -2- HB0222bHB0222a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\T34-LS0864\I 18.66.180.

AS 18.65.850(f) is amended to read:

(f) Within 30 days before, or within 60 days after, the expiration of a protective order issued or extended under this section, a petitioner may petition the court for an extension of the protective order.

The court shall schedule a hearing and provide at least 10 days' notice to the respondent of the hearing and of the respondent's right to appear and be heard, either in person or through an attorney.

If the court finds that an extension of the provisions of the order is necessary to protect the petitioner from stalking or sexual assault, regardless of whether the respondent appears at the hearing, the court may extend the provisions of the order.

An extension granted under this subsection is effective for at least one year and not more than five years unless earlier dissolved by court order.

If the court grants an extension before the protective order expires, the extension takes effect on the day the protective order would have expired.

* Sec.

8.

9.8.

VictimWorkplace CounselingViolence Center Protective Orders.

(a) An employer that operates a victim counseling center may file a petition in the district or superior court for a protective order against an individual who the employer HB0222b -3- CSHB 222(JUD) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\T reasonably believes (1) committed an act of violence against the employer or an employee that occurred at the employer's victimworkplace; counseling center;

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 victimworkplace. counseling center.

If the court finds by a preponderance of evidence that the respondent has committed an act of violence against the employer or an employee at the employer's victim counseling center, or that the respondent made a threat of violenceviolence, against the employer or an employee that may reasonably be construed as a threat that may be carried out at the employer's victim counseling center, regardless of whether the respondent appears at the hearing, the court may order any relief available under (c) of this section.

HB0222a -3- HB 222 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\I (c) A protective order issued under this section may (1) prohibit the respondent from making a threat to commit or committing violence;

(3) direct the respondent to stay away from the petitioner'sworkplace victimof counselingthe center,petitioner, or space adjacent to the petitioner'sworkplace victimof counselingthe center,petitioner, or any specified place frequented by the petitioner, during the normal course of the petitioner's business;

however, if the respondent is an employee at the petitioner's victim counseling center, the court may order the respondent to stay away from the victimrespondent's counselingown centerworkplace only if the respondent has been provided actual notice of the opportunity to appear and be heard on the petition;

(4) order other relief the court determines to be necessary to protect the petitioner'sworkplace victim counseling center, except that the court may not order a respondent CSHB 222(JUD) -4- HB0222b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\T to surrender a firearm unless a firearm was used in the act of violence at the victimpetitioner. counseling center or in the threat of violence at the victim counseling center.

VictimEx counselingparte centerprotective exorders partefor protectiveworkplace orders.violence.

If the court finds that the petition establishes probable cause that anrecent act of violence againsthas the employer or an employee occurred at the employer's victim counseling center, or that the respondent made a recent threat of violence againsthas thebeen employermade, or an employee that may reasonably be construed as a threat that may be carried out at the employer's victim counseling center, that it is necessary to protect the employer from further violence, and that the petitioner has certified to the court in writing the efforts, if any, that have been made to provide notice to the respondent, the court shall ex parte and without notice to the respondent issue a protective order.

An ex parte protective order under this section may grant the HB 222 -4- HB0222a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\I protection allowed by AS 18.65.875(c).

Modification of aworkplace victimviolence counseling center protective order.

(a) Either the petitioner or the respondent may request modification of a protective HB0222b -5- CSHB 222(JUD) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\T order 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, excluded from the petitioner's victimworkplace counseling center or space adjacent to the petitioner's victimworkplace, counseling center, or ordered to stay away from the petitioner as provided in AS 18.65.875(c)(2) - (4), an invitation by the petitioner to communicate, enter the petitioner'sHB0222a victim-5- counselingHB center,222 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\I petitioner's workplace, or have other prohibited contact with the petitioner does not waive or nullify any provision in a protective order.

CSHB 222(JUD) -6- HB0222b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\T (1) "Violation of this order may be a misdemeanor, punishable by up to one year of incarceration and up to a $25,000 fine";

(2) "If you are ordered to have no contact with the petitioner or to stay away from the petitioner's victimworkplace counseling center or other place designated by the court, an invitation by the petitioner to have the prohibited contact or to be present at or enter the victimworkplace counseling center or other place does not in any way invalidate or nullify the order." (d) A protective order issued under AS 18.65.875 - 18.65.899 is in addition to and not in place of any other civil or criminal remedy.

The HB 222 -6- HB0222a New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\I clerk shall provide assistance in completing the forms and filing the forms.

(a) Unless, on the record in court, the HB0222b -7- CSHB 222(JUD) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\T respondent has already been provided a copy of the court's order, process issued under AS 18.65.875 - 18.65.899 shall be promptly served and executed.

HB0222a -7- HB 222 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\I Sec.

CSHB 222(JUD) -8- HB0222b New Text Underlined [DELETED TEXT BRACKETED] 34-LS0864\T (4) "threat of violence" means a statement or course of conduct that recklessly places a person in fear of physical injury or death;

(5) "victim"violence" counselingmeans center"a hascrime theunder meaningAS given11.41 that injures a person or places a person in ASfear 18.66.250;of physical injury or death;

(6) "violence""workplace" means a crimeplace underof ASemployment 11.41other thatthan injures a personplace orused placesprimarily as a personresidence. in fear of physical injury or death.

10.9.

AS 18.66.100(f) is amended to read:

(f) Within 30 days before, or within 60 days after, the expiration of a protective order issued or extended under (b)(2) of this section, a petitioner may petition the court for an extension of the protective order.