2001 REGULAR SESSION (71st)                                                                     A AB370 R1 1081

Amendment No. 1081

 

Senate Amendment to Assembly Bill No. 370  First Reprint                                                  (BDR 3‑720)

Proposed by: Committee on Judiciary

Amendment Box: Replaces Amendment No. 913.

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend sec. 6, page 2, by deleting lines 8 and 9, and inserting:

     “3.  The threat would cause a reasonable person to fear that the threat will be carried out or the act would cause a reasonable person to feel terrorized, frightened, intimidated or harassed.”.

     Amend sec. 7, page 2, line 12, by deleting “an” and inserting “a temporary”.

     Amend the bill as a whole by deleting sections 8 and 9 and adding new sections designated sections 8 and 9, following sec. 7, to read as follows:

     “Sec. 8. 1.  The court may issue a temporary order for protection against harassment in the workplace if it appears to the satisfaction of the court from specific facts shown by a verified application filed pursuant to section 7 of this act that harassment in the workplace has occurred.

     2.  Except as otherwise provided in subsection 4, a temporary order for protection against harassment in the workplace must not be issued without notice to the person who allegedly committed the harassment. A temporary order for protection against harassment in the workplace must not be issued without the giving of security by the employer in an amount determined by the court to be sufficient to pay for such costs and damages as may be incurred or suffered by the person who allegedly committed the harassment if the person who allegedly committed the harassment is found to have been wrongfully enjoined or restrained.

     3.  The court may require the employer or the person who allegedly committed the harassment, or both, to appear before the court before determining whether to issue the temporary order for protection against harassment in the workplace.

     4.  A court may issue a temporary order for protection against harassment in the workplace without written or oral notice to the person who allegedly committed the harassment or his attorney only if:

     (a) A verified application is accompanied by an affidavit that contains specific facts which clearly show that immediate and irreparable injury, loss or damage will result to the employer, an employee of the employer while the employee performs the duties of his employment or a person who is present at the workplace of the employer before the person who allegedly committed the harassment or his attorney can be heard in opposition; and

     (b) The employer and the employer’s attorney, if any, set forth in the affidavit:

          (1) The efforts, if any, that have been made to give notice to the person who allegedly committed the harassment; and

          (2) The facts supporting waiver of notice requirements.

     5.  A temporary order for protection against harassment in the workplace that is granted, with or without notice, must expire not later than 15 days after the date on which the order is issued, unless extended pursuant to subsections 6 and 7.

     6.  If a temporary order for protection against harassment in the workplace is granted, with or without notice, the employer or his authorized agent may apply for an extended order for protection against harassment in the workplace by filing a verified application for an extended order for protection against harassment in the workplace. Such an application must:

     (a) In addition to the information required by subsection 2 of section 7 of this act, set forth the facts that provide the basis for granting an extended order for protection against harassment in the workplace;

     (b) Be filed before the expiration of the temporary order for protection against harassment in the workplace;

     (c) Be heard as soon as reasonably possible and not later than 10 days after the date on which the application is filed with the court unless the court determines that there are compelling reasons to hold the hearing at a later date; and

     (d) Be dismissed if the court finds that the temporary order for protection against harassment in the workplace which is the basis of the application has been dissolved or has expired.

     7.  At the hearing on an application filed pursuant to subsection 6, the employer must present evidence sufficient to support the granting of the application for an extended order for protection against harassment in the workplace. At the hearing, the court may:

     (a) Dissolve or modify the temporary order for protection against harassment in the workplace; or

     (b) Grant an extended order for protection against harassment in the workplace.

     8.  If granted, an extended order for protection against harassment in the workplace expires within such time, not to exceed 1 year, as the court fixes.

     9.  Upon 2 days’ notice to an employer who obtained a temporary order for protection against harassment in the workplace without notice or on such shorter notice to the employer as the court may prescribe, the person who allegedly committed the harassment may appear and move the dissolution or modification of the temporary order for protection against harassment in the workplace. Upon the filing of such a motion, the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require. At the hearing, the court may dissolve, modify or extend the order.

     10.  The court may award costs and reasonable attorney’s fees to the prevailing party in a matter brought pursuant to this section.

     11.  If a court issues an extended order for protection against harassment in the workplace, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

     Sec. 9. 1.  A temporary or extended order for protection against harassment in the workplace may:

     (a) Enjoin the person who allegedly committed the harassment from contacting the employer, an employee of the employer while the employee is performing his duties of employment and any person while the person is present at the workplace of the employer;

     (b) Order the person who allegedly committed the harassment to stay away from the workplace of the employer; and

     (c) Order such other relief as the court deems necessary to protect the employer, the workplace of the employer, the employees of the employer while performing their duties of employment and any other persons who are present at the workplace.

     2.  A court may not issue a temporary or extended order for protection against harassment in the workplace that is against more than one person.

     3.  A temporary or extended order for protection against harassment in the workplace must:

     (a) Specify, as applicable, the county and city, if any, in which the workplace of the employer is located and in which the employees of the employer perform their duties of employment;

     (b) Include a provision ordering any law enforcement officer to arrest the person who allegedly committed the harassment, with or without a warrant, if the officer has probable cause to believe that the person has been served with a copy of the order and has violated a provision of the order;

     (c) State the reasons for granting the order; and

     (d) Include the following statement:

 

WARNING

This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of violating an order for protection against harassment in the workplace and any other crime that you may have committed in disobeying this order.

 

     4.  In addition to the requirements of subsection 3, if the court granted a temporary order for protection against harassment in the workplace without notice, the order must:

     (a) Include a statement that the person who allegedly committed the harassment is entitled to a hearing on the order pursuant to section 8 of this act;

     (b) Include the name and address of the court in which the petition for a hearing may be filed;

     (c) Contain the date and hour of issuance;

     (d) Be immediately filed with the clerk of the court;

     (e) Define the irreparable injury, loss or damage resulting from the harassment and state why it is irreparable; and

     (f) Set forth the reasons for granting the order without notice.”.

     Amend sec. 10, page 4, line 9, by deleting “An” and inserting:

“A temporary or extended”.

     Amend sec. 11, page 4, line 14, by deleting “an” and inserting:

“a temporary or extended”.

     Amend sec. 11, page 4, line 26, by deleting “an” and inserting:

“a temporary or extended”.

     Amend sec. 11, page 4, line 29, by deleting “an” and inserting:

“a temporary or extended”.

     Amend sec. 12, page 4, line 39, by deleting “received” and inserting:

“been served with”.

     Amend sec. 13, page 4, line 49, by deleting “an” and inserting:

“a temporary or extended”.

     Amend sec. 13, page 5, line 4, by deleting “An” and inserting:

“A temporary or extended”.

     Amend sec. 14, page 5, by deleting line 9 and inserting:

     “Sec. 14. 1.  A court, a law enforcement officer or any other person who”.

     Amend sec. 14, page 5, line 10, by deleting “an” and inserting:

“a temporary or extended”.

     Amend sec. 14, page 5, line 12, by deleting:

“on that belief.” and inserting:

“upon that belief.

     2.  A court, a law enforcement officer or any other person who refuses to enforce a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is not valid is immune from civil and criminal liability for any action taken or not taken based upon that belief.

     3.  The employer of a law enforcement officer who enforces a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid is immune from civil and criminal liability for any action taken or not taken by the law enforcement officer based upon that belief.”.

     Amend sec. 16, page 5, line 16, by deleting “an” and inserting:

“a temporary or extended”.

     Amend sec. 16, page 5, by deleting lines 18 and 19 and inserting:

“harassment that the employer intends to seek such an order.”.

     Amend sec. 17, page 5, line 21, by deleting “an” and inserting:

“a temporary or extended”.

     Amend sec. 17, page 5, line 23, by deleting “an” and inserting:

“a temporary or extended”.

     Amend sec. 17, page 5, line 24, by deleting “workplace.” and inserting:

“workplace, if the employer acts in good faith in failing to seek the order.”.

     Amend sec. 19, page 5, line 39, by deleting “an” and inserting:

“a temporary or extended”.

     Amend sec. 19, page 6, line 9, by deleting “an” and inserting:

“a temporary or extended”.

     Amend sec. 21, page 7, line 38, by deleting “of an” and inserting:

“of a temporary or extended”.

     Amend the title of the bill to read as follows:

“AN ACT relating to injunctions; authorizing employers to obtain temporary and extended orders for protection against harassment in the workplace to protect employers, employees and persons at the workplace from harassment by other persons; establishing the procedures for obtaining such orders; providing a penalty; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes employers to obtain temporary and extended orders for protection against harassment in workplace and establishes procedures for obtaining such orders. (BDR 3‑720)”.