SB 49 — 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.

34-LS0186\I34-LS0186\N CS FOR SENATE BILL NO.

49(STA)49 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY THESENATOR SENATECLAMAN STATEIntroduced: AFFAIRS COMMITTEE Referred:

Labor1/22/25 andReferred: Commerce Sponsor(s):

SENATORState CLAMANAffairs, Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to workplace violence protective orders;

relating to attorney fees;

(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 SB0049BSB0049A -1- CSSBSB 49(STA)49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\I34-LS0186\N violate a provision listed in AS 18.65.850(c)(1) - (3);

AS 13.26.460 is amended by adding a new subsection to read:

(i) Attorney fees may not be awarded against a petitioner or protected person seeking a protective order under AS 13.26.450, making an application under AS 13.26.455, or requesting modification of a protective order under (a) of this section.

* Sec.

4.

5.4.

(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 - CSSB 49(STA) -2- SB0049B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\I 18.66.180.

6.5.

(b) A peace officer receiving a protective order from a court under SB 49 -2- SB0049A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\N 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.

7.6.

AS 18.65.865 is amended by adding a new subsection to read:

(e) Attorney fees may not be awarded against a petitioner seeking a protective order under AS 18.65.850 - 18.65.870.

* Sec.

8.

SB0049B -3- CSSB 49(STA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\I (c) A protective order issued under this section may (1) prohibit the respondent from making a threat to commit or committing violence;

SB0049A -3- SB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\N however, the court may order the respondent to stay away from the respondent's own workplace only if the respondent has been provided actual notice of the opportunity to appear and be heard on the petition;

An ex parte protective order under this section may grant the CSSB 49(STA) -4- SB0049B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\I protection allowed by AS 18.65.875(c).

(a) Either the petitioner or the respondent may request modification of a protective order SB 49 -4- SB0049A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\N 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 workplace or space adjacent to the petitioner's workplace, 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 SB0049B -5- CSSB 49(STA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\I petitioner's workplace, or have other prohibited contact with the petitioner does not waive or nullify any provision in a protective order.

(1) "Violation of this order may be a misdemeanor, punishable by up SB0049A -5- SB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\N to one year of incarceration and up to a $25,000 fine";

The CSSB 49(STA) -6- SB0049B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\I clerk shall provide assistance in completing the forms and filing the forms.

If process is to be SB 49 -6- SB0049A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\N served onupon a respondent believed to be present or residing in a municipality, as defined in AS 29.71.800, or in an unincorporated community, process shall be served by a peace officer of that municipality or unincorporated community who has jurisdiction within the area of service.

SB0049B -7- CSSB 49(STA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\I Sec.

SB0049A -7- SB 49 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\N (5) "violence" means a crime under AS 11.41 that injures a person or places a person in fear of physical injury or death;

9.7.

AS 18.66.150 is amended by adding a new subsection to read:

(e) Attorney fees may not be awarded against a petitioner seeking a protective order under AS 18.66.100 - 18.66.180.

* Sec.

10.

(6) to act as a referee in matters and actions referred to thejudge or magistrate by the superior court, with all powers conferred onupon [UPON] referees by CSSB 49(STA) -8- SB0049B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\I laws;

[OR] SB 49 -8- SB0049A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\N (B) stalking or sexual assault as provided in AS 18.65.850 - 18.65.870;

11.8.

86 of this Act, has the effect of amending Rule 4, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration, relating to fees and service of process for a workplace violence protective order.

SB0049B -9- CSSB 49(STA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0186\I (b) AS 18.65.875 - 18.65.899, added by sec.

86 of this Act, have the effect of amending Rule 65, Alaska Rules of Civil Procedure, by changing the method for obtaining and the timing of temporary restraining orders.