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HB0071a -1- HB 71
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HOUSE BILL NO. 71
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
Introduced: 1/27/25
Referred: Transportation, Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act relating to obstruction; and providing for an effective date." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 02.20.050 is amended by adding a new subsection to read: 3
(e) A person who violates this section is guilty of 4
(1) a class C felony if the conduct 5
(A) creates a substantial risk of physical injury to another 6
person; or 7
(B) interferes with a firefighting, medical, or other emergenc y 8
response; or 9
(2) a class A misdemeanor. 10
* Sec. 2. AS 02.20.060(b) is amended to read: 11
(b) A person who violates [TH IS CHAPTER, OR] a regulation adop ted under 12
this chapter [,] is punishable, upon conviction, for each offen se by a fine of not more 13
than $500, or by imprisonment for not more than six months, or by both. 14
* Sec. 3. AS 09.65 is amended by adding a new section to read: 15
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Sec. 09.65.360. Civil liability for obstruction of free passage in public 1
places. (a) In addition to other civil damages and criminal penalties provided by law, a 2
person who obstructs a public place in violation of AS 02.20.05 0, AS 11.61.155, or 3
AS 38.05.128 is strictly liable in a civil action to another pe rson whose passage is 4
obstructed for no less than the following damages for each incident: 5
(1) $10,000 to a person who suffers only nominal damages; 6
(2) $50,000 to a person who suffers injury to property; 7
(3) $100,000 to a person who suffers bodily injury; and 8
(4) $500,000 to a person who suffers death. 9
(b) A person is jointly and severally liable for the conduct o f another person 10
under (a) of this section if the person with actual malice dire ctly or indirectly, by 11
words or action, aids, encourages, or authorizes the conduct, including by 12
(1) participating in the conduct; 13
(2) directing, advising, or soliciting another person to engag e in or 14
participate in the conduct; or 15
(3) conspiring to engage in the conduct. 16
(c) The liability of a person for damages under this section i s in addition to 17
liability for an award of full reasonable attorney fees and costs to a prevailing party. 18
(d) A plaintiff under this sec tion may be entitled to temporar y and permanent 19
injunctive relief. 20
(e) A court of this state has personal jurisdiction over a per son outside the 21
state who is liable under (b) of this section if the person kne w or had reason to know 22
that the person's acts or omissions were likely to lead to the obstruction of a public 23
place in the state. 24
(f) Nothing in this section authorizes a cause of action agains t the state, a 25
political subdivision of the state, or an employee or agent of the state or a political 26
subdivision. 27
(g) In this section, 28
(1) "actual malice" means a person knows or recklessly disrega rds that 29
the person's actions or words will result in unlawful obstruction of a public place; 30
(2) "nominal damages" means the infraction of a legal right un der the 31
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section that does not result in death, bodily injury, or injury to property. 1
* Sec. 4. AS 11.61 is amended by adding a new section to read: 2
Sec. 11.61.155. Obstruction of a public place. (a) A person commits the 3
crime of obstruction of a public place if the person knowingly 4
(1) causes or allows a substance to drop on a public place that creates a 5
substantial risk of physical injury to another person; or 6
(2) obstructs or blocks a public place by any other means. 7
(b) It is an affirmative defense to a prosecution under (a)(1) of this section that 8
(1) the defendant took reasonabl e steps to remove the substanc e from 9
the public place; and 10
(2) no person suffered physical injury as a result of the pres ence of the 11
substance on the public place. 12
(c) This section does not apply to 13
(1) the obstruction or blocking of a public place authorized b y a permit 14
issued by a state agency or municipality of the state; 15
(2) a service vehicle, including a bus, garbage truck, or tow truck, 16
making brief stops on a highway in the performance of its service; or 17
(3) conduct otherwise authorized by law or the person in charg e of the 18
premises. 19
(d) Obstruction of a public place is 20
(1) a class C felony if 21
(A) the person violates (a)(1) of this section; or 22
(B) the conduct 23
(i) creates a substantial risk of physical injury to another 24
person; 25
(ii) substantially interferes with a person's access to a 26
public place that renders governmental or judicial services; or 27
(iii) interferes with a firefighting, medical, or other 28
emergency response; or 29
(2) a class A misdemeanor. 30
* Sec. 5. AS 38.05.128(f) is amended to read: 31
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(f) A violation of (a) of this section is a 1
(1) class C felony if the conduct 2
(A) creates a substantial risk of physical injury to another 3
person; or 4
(B) interferes with a firefighting, medical, or other 5
emergency response: or 6
(2) class A [B] misdemeanor. 7
* Sec. 6. AS 11.61.150 and AS 28.35.140(a) are repealed. 8
* Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 9
read: 10
APPLICABILITY. This Act applies to offenses committed on or aft e r t h e e f f e c t i v e 11
date of this Act. 12
* Sec. 8. This Act takes effect July 1, 2025. 13