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HOUSE BILL NO. 89
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVES JOSEPHSON, Hannan, Mina, Gray
Introduced: 2/10/25
Referred: State Affairs, Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act relating to gun violence protective orders; relating to the crime of violating a 1
protective order; relating to a central registry for protective orders; relating to the 2
powers of district judges and magistrates; amending Rules 4 and 65, Alaska Rules of 3
Civil Procedure, and Rule 9, Alas ka Rules of Administration; an d providing for an 4
effective date." 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
* Section 1. AS 11.56.740(a) is amended to read: 7
(a) A person commits the crime of violating a protective order if the person is 8
subject to a protective order 9
(1) issued, filed, or recognized under AS 18.66 and containing a 10
provision listed in AS 18.66.100(c)(1) - (7) and knowingly comm its or attempts to 11
commit an act with reckless disregard that the act violates or would violate a provision 12
of the protective order; 13
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(2) issued or recognized under AS 18.65.850, 18.65.855, 18.65. 860, or 1
18.65.867 and knowingly commits or attempts to commit an act th at violates or would 2
violate a provision listed in AS 18.65.850(c)(1) - (3); [OR] 3
(3) issued under AS 13.26.450 - 13.26.460 and knowingly commit s or 4
attempts to commit an act with reckless disregard that the act violates or would violate 5
a provision of the protective order; or 6
(4) issued under AS 18.65.815 - 18.65.825 and knowingly commit s 7
or attempts to commit an act that violates or would violate a p rovision listed in 8
AS 18.65.815(c). 9
* Sec. 2. AS 11.56.740(c) is amended to read: 10
(c) In this section, "protective order" means an order issued, filed, or 11
recognized under AS 13.26.450 - 13.26.460, AS 18.65.815 - 18.65.825, 18.65.850 - 12
18.65.870 [AS 18.65.850 - 18.65.870], or AS 18.66.100 - 18.66.180. 13
* Sec. 3. AS 18.65.530(a) is amended to read: 14
(a) Except as provided in (b) or (c) of this section, a peace officer, with or 15
without a warrant, shall arrest a person if the officer has pro bable cause to believe the 16
person has, either in or outside the presence of the officer, w ithin the previous 12 17
hours, 18
(1) committed domestic violence, except an offense under 19
AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor; 20
(2) committed the crime of violating a protective order in vio lation of 21
AS 11.56.740(a)(1), [OR] (2), or (4); 22
(3) violated a condition of release imposed under AS 12.30.016 (e) or 23
(f) or 12.30.027. 24
* Sec. 4. AS 18.65.540(a) is amended to read: 25
(a) The Department of Public Safety shall maintain a central r egistry of 26
protective orders issued by or filed with a court of this state under AS 13.26.450 - 27
13.26.460, AS 18.65.815 - 18.65.825, 18.65.850 - 18.65.870 [AS 18.65.850 - 28
18.65.870], or AS 18.66.100 - 18.66.180. The registry must incl ude, for each 29
protective order, the names of the petitioner and respondent, t heir dates of birth, and 30
the conditions and duration of the order. The registry shall re tain a record of the 31
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protective order after it has expired. 1
* Sec. 5. AS 18.65.540(b) is amended to read: 2
(b) A peace officer receiving a protective order from a court under 3
AS 13.26.450, 13.26.455, AS 18.65.815, 18.65.820, 18.65.850, 18.65.855 4
[AS 18.65.850 - 18.65.855], or AS 18.66.100 - 18.66.180, a modi fied order issued 5
under AS 13.26.460, AS 18.65.825, 18.65.860 [AS 18.65.860], or AS 18.66.120, or an 6
order dismissing a protective order shall take reasonable steps to ensure that the order, 7
modified order, or dismissal is e ntered into the central regist ry within 24 hours after 8
being received. 9
* Sec. 6. AS 18.65 is amended by adding new sections to article 11 to read: 10
Sec. 18.65.815. Gun violence protective orders. ( a ) A p e a c e o f f i c e r o r 11
household member who reasonably be lieves that a person is a dan ger to self or others 12
by possessing, owning, purchasing, or receiving a firearm may f ile a petition in the 13
district or superior court for a protective order against the p erson. The petition must 14
include a description of the number, types, and locations of an y firearms or 15
ammunition the petitioner believes are owned or possessed by th e respondent and the 16
basis for the petition. 17
(b) When a peace officer or household member files a petition for a protective 18
order, the court shall schedule a hearing and provide at least 10 days' notice to the 19
respondent of the hearing and of the respondent's right to appe ar and be heard, either 20
in person or through an attorney. If the court finds by clear a nd convincing evidence 21
that the respondent is a danger to self or others by possessing , owning, purchasing, or 22
receiving a firearm, regardless of whether the respondent appea rs at the hearing, the 23
court may order the relief ava ilable under (c) of this section. T h e p r o v i s i o n s o f a 24
protective order issued under this section are effective for si x months unless earlier 25
dissolved by the court. 26
(c) A protective order issued under this section shall prohibi t the respondent 27
from possessing, owning, purchasing, receiving, or attempting to purchase or receive a 28
firearm or ammunition. 29
(d) If the court issues a protective order under this section, the court shall 30
(1) make reasonable efforts to ensure that the order is unders tood by 31
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the petitioner and by the respondent, if present; 1
(2) have the order delivered to the appropriate local law enfo rcement 2
agency for expedited service; 3
(3) direct the respondent to su rrender to the appropriate law 4
enforcement agency or sell to a firearms dealer all firearms an d ammunition that the 5
respondent possesses or owns within 24 hours after receiving the order. 6
Sec. 18.65.820. Ex parte and emergency gun violence protective orders. (a) 7
A peace officer or household me mber who reasonably believes tha t a person is a 8
danger to self or others may file a petition under AS 18.65.815 and request an ex parte 9
gun violence protective order. If the court finds that the peti tion establishes by a 10
preponderance of the evidence that the respondent poses a signi ficant danger of injury 11
to self or others by possessing, owning, purchasing, or receivi ng a firearm, that less 12
restrictive alternatives have been tried and were ineffective, and that a peace officer 13
has certified to the court in writing the efforts, if any, that have been made to provide 14
notice to the respondent, the cour t shall ex parte and without notice to the respondent 15
issue a protective order. Before issuing the protective order, the court shall examine on 16
oath the petitioner and any witnesses the petitioner produces. The court may require 17
the petitioner and any witnesses to submit a written affidavit signed under oath instead 18
of examining the petitioner and witnesses. An ex parte protecti ve order issued under 19
this subsection shall prohibit the respondent from possessing, owning, purchasing, or 20
receiving a firearm or ammuniti on. An ex parte protective order expires 20 days after 21
the order is issued unless dissolved earlier by the court at th e request of either the 22
petitioner or the respondent after notice and, if requested, a hearing. If the court issues 23
an ex parte protective order, the court shall have the order de livered to the appropriate 24
law enforcement agency for expedited service. 25
(b) A peace officer may request an emergency gun violence prot ective order 26
from a judicial officer. A peace officer may make the request o rally, either in person 27
or by telephone, or by submitting a sworn written statement. If the court finds by a 28
preponderance of the evidence th at the respondent poses an imme diate danger of 29
injury to self or others by posse ssing, owning, purchasing, or receiving a firearm and 30
that less restrictive alternatives have been tried and were ine ffective, the court ex parte 31
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shall issue an emergency protective order. An emergency protect ive order shall 1
prohibit the respondent from possessing, owning, purchasing, or receiving a firearm or 2
ammunition. An emergency protective order expires 72 hours afte r it is issued unless 3
dissolved earlier by the court at the request of the petitioner . A peace officer who 4
obtains an emergency protective order under this subsection shall 5
(1) place the provisions of an oral order in writing on a form provided 6
by the court and file the written order with the issuing court by the end of the judicial 7
day after the order is issued; and 8
(2) immediately serve a copy of the order on the respondent. 9
(c) In determining whether to issue a protective order under t his section, the 10
court may consider evidence that includes 11
(1) a recent act or threat of violence by the respondent again st self or 12
others, regardless of whether the act or threat involved a firearm; 13
(2) a pattern of acts or threats of violence by the respondent against 14
self or others within the previous 12 months; 15
(3) behavior by the respondent that presents an imminent threa t of 16
harm to self or others; 17
(4) a violation of a protective order by the respondent; 18
(5) a previous or existing protective order against the respondent; 19
(6) the respondent's prior convi ction of a cr ime that constitu tes 20
domestic violence as defined in AS 18.66.990; 21
(7) the respondent's ownership of, access to, or intent to pos sess a 22
firearm; 23
(8) the unlawful or reckless use, display, or brandishing of a firearm by 24
the respondent; 25
(9) a history of use, attempted use, or threatened use of phys ical force 26
by the respondent against another person; 27
(10) the respondent's history of stalking another person; 28
(11) the prior arrest of the respondent for a felony offense o r violent 29
crime; 30
(12) corroborated evidence of the respondent's abuse of contro lled 31
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substances or alcohol; 1
(13) the respondent's recent acquisition of a firearm or ammunition. 2
Sec. 18.65.825. Modification of gun violence protective order. ( a ) A 3
petitioner or the respondent may request modification of a gun violence protective 4
order issued under AS 18.65.815 or 18.65.820(a). If a request is made for modification 5
of 6
(1) a protective order, after notice and hearing under AS 18.65.815, the 7
court shall schedule a hearing within 20 days after the date the request is made, except 8
that, if the court finds that the request is meritless on its f ace, the court may deny the 9
request without a hearing; or 10
(2) an ex parte protective order under AS 18.65.820(a), the co urt shall 11
schedule a hearing on three days' notice or on shorter notice a s the court may 12
prescribe. 13
(b) If the court modifies a protective order under this sectio n, the court shall 14
issue a modified order and shall 15
(1) make reasonable efforts to ensure that the order is unders tood by 16
the respondent, if present at the hearing; and 17
(2) have the order delivered to the appropriate local law enfo rcement 18
agency for expedited service. 19
Sec. 18.65.830. Surrender of firearms and ammunition. (a) When a court 20
issues a gun violence protective order under AS 18.65.815 - 18. 65.825, the court shall 21
order the respondent to surrende r to the appropriate local law enforcement agency or 22
to sell to a firearms dealer all firearms and ammunition that t he respondent possesses, 23
owns, or has within the respondent's custody or control within 24 hours after receiving 24
the protective order. 25
(b) Within 48 hours after receivi ng notice of the protective o rder, the 26
respondent shall file with the 27
(1) court an original receipt showing that all firearms and am munition 28
have been surrendered to the local law enforcement agency or so ld to a firearms 29
dealer; and 30
(2) local law enforcement agency that served the protective or der a 31
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copy of the receipt filed under (1) of this subsection. 1
(c) A law enforcement agency shall retain any firearms or ammu nition 2
surrendered to the law enforcement agency under this section un til the expiration of 3
the gun violence protective order. When the protective order ex pires, the law 4
enforcement agency shall return the firearms or ammunition to the respondent. 5
(d) A respondent who has surrendered firearms or ammunition to a l a w 6
enforcement agency and does not want the firearms or ammunition returned may sell 7
or transfer title of the firearms or ammunition to a firearms dealer. 8
(e) A person other than the respondent who claims title to any firearms or 9
ammunition surrendered under a protective order issued under AS 18.65.815 - 10
18.65.825 may petition the court to have the firearms or ammuni tion returned to the 11
person. 12
Sec. 18.65.835. Service of process; forms for petitions and ord ers; fees; 13
warnings; notification; and pending civil or criminal actions. ( a ) S e r v i c e o f 14
process of an order issued by the court under AS 18.65.815 - 18 .65.825 shall be as 15
provided in AS 18.66.160 for service of process of domestic vio lence protective 16
orders. 17
(b) The Alaska Court System shall prepare forms for petitions and protective 18
orders and instructions for their use by a petitioner seeking a protective order under 19
AS 18.65.815 - 18.65.825. The forms must conform to the Alaska Rules of Civil 20
Procedure, except that information on the forms may be filled i n by legible 21
handwriting. Filing fees may not be charged in an action seekin g only the relief 22
provided in AS 18.65.815 - 18.65.840. Each protective order for m must contain the 23
following statements in boldface type: 24
(1) "Violation of this order ma y be a misdemeanor, punishable by up 25
to one year of incarceration and a fine of up to $10,000"; and 26
(2) "To the restrained person: this order will last until the date and time 27
noted above. You are required to surrender all firearms and amm unition that you own 28
or possess in accordance with AS 18.65.830, and you may not hav e in your custody or 29
control, own, purchase, possess, receive, or attempt to purchas e or receive, a firearm 30
or ammunition while this order is in effect. You may seek the a dvice of an attorney as 31
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to any matter connected with the order. The attorney should be consulted promptly so 1
that the attorney may assist you in any matter connected with the order." 2
(c) In addition to other information required, a petition for a protective order 3
must include a statement of pending civil and criminal actions involving the 4
respondent, if known. While a protective order is in effect or a petition for a protective 5
order is pending, both the petiti oner and respondent have a con tinuing duty to inform 6
the court of pending civil and criminal actions involving the respondent, if known. 7
Sec. 18.65.840. Notification of law enforcement agencies. When a court 8
issues or accepts for filing a protective order under AS 18.65. 815 - 18.65.825, the 9
court shall send a copy of the order to the appropriate local l aw enforcement agency. 10
Each law enforcement agency shall establish procedures to infor m peace officers of 11
protective orders. Peace officers shall use every reasonable me ans to enforce a 12
protective order issued or filed under AS 18.65.815 - 18.65.825. 13
Sec. 18.65.845. Definitions. In AS 18.65.800 - 18.65.845, "household 14
member" means an individual who 15
( 1 ) i s o r w a s f o r m e r l y i n a substantive dating relationship wi th the 16
respondent; 17
(2) is a current or former spouse of the respondent; 18
(3) is or was formerly engaged to the respondent; 19
(4) is residing with the respondent or has resided with the respondent; 20
(5) is related by blood to the respondent; 21
(6) is or was formerly related by marriage to the respondent; or 22
(7) has a child in common with the respondent or is currently pregnant 23
with the respondent's child. 24
* Sec. 7. AS 22.15.100 is amended to read: 25
Sec. 22.15.100. Functions and powers of district judge and magi strate. 26
Each district judge and magistrate has the power 27
(1) to issue writs of habeas corpus for the purpose of inquiri ng into the 28
cause of restraint of liberty, returnable before a judge of the superior court, and the 29
same proceedings shall be had on the writ as if it had been gra nted by the superior 30
court judge under the laws of the state in those cases; 31
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(2) of a notary public; 1
(3) to solemnize marriages; 2
(4) to issue warrants of arrest , summons, and search warrants 3
according to manner and procedure prescribed by law and the supreme court; 4
(5) to act as an examining judge or magistrate in preliminary 5
examinations in criminal proceedings; to set, receive, and forf eit bail and to order the 6
release of defendants under bail; 7
(6) to act as a referee in matters and actions referred to the judg e or 8
magistrate by the superior c ourt, with all powers conferred on [UPON] referees by 9
laws; 10
(7) of the superior court in all respects including contempts, attendance 11
of witnesses, and bench warrants; 12
(8) to order the temporary detention of a minor, or take other action 13
authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, 14
when the minor is in a condition or surrounding dangerous or in jurious to the welfare 15
of the minor or others that requires immediate action; the acti on may be continued in 16
effect until reviewed by the superior court in accordance with rules of procedure 17
governing these cases; 18
(9) to issue a protective order in cases involving 19
(A) domestic violence as provided in AS 18.66.100 - 20
18.66.180; [OR] 21
(B) stalking or sexual assa ult as provided in AS 18.65.850 - 22
18.65.870; or 23
(C) gun violence as provided in AS 18.65.815 - 18.65.825; 24
(10) to review an administrativ e revocation of a person's driv er's 25
license or nonresident privilege to drive, and an administrativ e refusal to issue an 26
original license, when designated as a hearing officer by the c ommissioner of 27
administration and with the consent of the administrative direc tor of the Alaska Court 28
System; 29
(11) to establish the fact of death or inquire into the death of a person 30
in the manner prescribed under AS 09.55.020 - 09.55.069; 31
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(12) to issue an ex parte testing, examination, or screening o rder 1
according to the manner and procedure prescribed by AS 18.15.375. 2
* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 3
read: 4
INDIRECT COURT RULE AMENDMENTS. (a) AS 18.65.835, added by sec. 6 o f 5
this Act, has the effect of ame nding Rule 4, Alaska Rules of Ci vil Procedure, and Rule 9, 6
Alaska Rules of Administration, relating to fees and service of process for a gun violence 7
protective order. 8
(b) The provisions of sec. 6 of this Act have the effect of am ending Rule 65, Alaska 9
Rules of Civil Procedure, by changing the method for obtaining, and the timing of, temporary 10
restraining orders. 11
* Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 12
read: 13
CONDITIONAL EFFECT. AS 18.65.815 - 18.65.845, added by sec. 6 o f this Act, 14
take effect only if sec. 8 of this Act receives the two-thirds majority vote of each house 15
required by art. IV, sec. 15, Constitution of the State of Alaska. 16
* Sec. 10. This Act takes effect July 1, 2025. 17