HB 524: "An Act relating to a defendant's violation of conditions of release; and providing for an effective date."
00HOUSE BILL NO. 524 01 "An Act relating to a defendant's violation of conditions of release; and providing 02 for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. FINDINGS AND PURPOSE. The legislature finds that, under existing law, 05 if a person accused of stalking, domestic violence, assault, or sexual assault confronts the 06 victim while the person is released on bail, or violates another condition of release, peace 07 officers are limited in their ability to protect the victim or the public in general because they 08 cannot make an immediate warrantless arrest. The legislature finds that, generally, the peace 09 officers must first meet with a prosecutor, go into court to make a motion to remand, and 10 obtain a court order before they can act to put the defendant back in jail. The legislature 11 further finds that, because a substantial number of these incidents involve repeat offenders 12 who often are impaired by alcohol or drugs, this lengthy procedure is particularly dangerous 13 for the public, especially those already victimized by the defendant. The purpose of this bill 14 is to enable Alaska's police officers to act quickly to arrest, without warrant or order,
01 defendants who are released on bail, when those peace officers have reasonable cause to 02 believe that the defendant has confronted the victim or has otherwise violated conditions of 03 release. 04 * Sec. 2. AS 12.25.030(b) is amended to read: 05 (b) In addition to the authority granted under (a) of this section, a peace officer 06 without a warrant may arrest a person when the peace officer has reasonable cause for 07 believing that the person has committed a crime under, or violated conditions 08 imposed as part of the person s release before trial on misdemeanor charges 09 brought under, 10 (1) AS 11.41.270 or AS 11.56.740; or 11 (2) AS 11.41, AS 11.46.330, or AS 11.61.120, or has violated an 12 ordinance with elements substantially similar to the elements of a crime under 13 AS 11.41, AS 11.46.330, or AS 11.61.120, when the victim is a spouse or former 14 spouse of the person who committed the crime; a parent, grandparent, child, or 15 grandchild of the person who committed the crime; a member of the social unit 16 comprised of those living together in the same dwelling as the person who committed 17 the crime; or another person who is not a spouse or former spouse of the person who 18 committed the crime but who previously lived in a spousal relationship with the person 19 who committed the crime or is in or has been in a dating, courtship, or engagement 20 relationship with the person who committed the crime. 21 * Sec. 3. AS 12.25.030 is amended by adding a new subsection to read: 22 (d) In addition to the authority granted by (a) and (b) of this section, a peace 23 officer without a warrant may arrest a person when the peace officer has reasonable 24 cause for believing that the person has violated conditions imposed as part of the 25 person's release before trial on felony charges brought under 26 (1) AS 11.41.100 - 11.41.320 when the victim is a spouse or former 27 spouse of the person who committed the crime; a parent, grandparent, child, or 28 grandchild of the person who committed the crime; a member of the social unit 29 comprised of those living together in the same dwelling as the person who committed 30 the crime; or another person who is not a spouse or former spouse of the person who 31 committed the crime but who previously lived in a spousal relationship with the person
01 who committed the crime or is in or has been in a dating, courtship, or engagement 02 relationship with the person who committed the crime; or 03 (2) AS 11.41.410 - 11.41.455. 04 * Sec. 4. AS 12.30.020(e) is amended to read: 05 (e) The judicial officer shall inform the person of the penalties which may be 06 imposed for a violation of the conditions of release and advise the person that a 07 warrant for the person's arrest will be issued immediately upon a violation or that the 08 person may be arrested without a warrant for a violation of conditions of release 09 as set out in AS 12.25.030(b). 10 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).