Section 18.65.530. Mandatory arrest for crimes involving domestic violence, violation of protective orders, and violation of conditions of release.

   (a) Except as provided in (b) or (c) of this section, a peace officer, with or without a warrant, shall arrest a person if the officer has probable cause to believe the person has, either in or outside the presence of the officer, within the previous 12 hours,
        (1) committed domestic violence, except an offense under AS 11.41.100 - 11.41.130, whether the crime is a felony or a misdemeanor;
        (2) committed the crime of violating a protective order in violation of AS 11.56.740(a)(1) or (2);
        (3) violated a condition of release imposed under AS 12.30.016(e) or (f) or 12.30.027.
   (b) If a peace officer receives complaints of domestic violence from more than one person arising from the same incident, the officer shall evaluate the conduct of each person to determine who was the principal physical aggressor. If the officer determines that one person was the principal physical aggressor, the other person or persons need not be arrested. In determining whether a person is a principal physical aggressor, the officer shall consider
        (1) prior complaints of domestic violence;
        (2) the relative severity of the injuries inflicted on each person;
        (3) the likelihood of future injury from domestic violence to each person; and
        (4) whether one of the persons acted in defense of self or others.
   (c) A peace officer is not required to make an arrest under (a) of this section if the officer has received authorization not to arrest from a prosecuting attorney in the jurisdiction in which the offense under investigation arose.
   (d) When investigating a crime involving domestic violence, a peace officer may not threaten or suggest the possible arrest of all persons involved in the same incident in a manner that would have a tendency to discourage requests for intervention by law enforcement in incidents involving domestic violence.
   (e) In addition to the contents of any other report, a peace officer who does not make an arrest after investigating a complaint of domestic violence, or who arrests two or more persons based on the same incident, shall describe in writing the reasons for not making an arrest or for arresting more than one person.
   (f) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.

Authorities

12.25.030

Notes

References

AS 12.25.030 Grounds for arrest by private person or peace officer without warrant.

History

(Sec. 29 ch 64 SLA 1996; am Sec. 3 ch 87 SLA 2003; am Sec. 2 ch 36 SLA 2006; am Sec. 21 ch 19 SLA 2010; am Sec. 12 ch 71 SLA 2012)