SB 134: "An Act relating to arrest; relating to investigation standards for police officers conducting criminal investigations and violations of those standards."
00 SENATE BILL NO. 134 01 "An Act relating to arrest; relating to investigation standards for police officers 02 conducting criminal investigations and violations of those standards." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.25.030(b) is amended to read: 05 (b) In addition to the authority granted by (a) of this section, a peace officer 06 (1) shall make an arrest under the circumstances described in 07 AS 18.65.530; 08 (2) without a warrant may arrest a person if the officer has probable 09 cause to believe the person has, either in or outside the presence of the officer, 10 (A) committed a crime involving domestic violence, whether 11 the crime is a felony or a misdemeanor; in this subparagraph, "crime involving 12 domestic violence" has the meaning given in AS 18.66.990; 13 (B) committed the crime of violating a protective order in 14 violation of AS 11.56.740; or
01 (C) violated a condition of release imposed under 02 AS 12.30.025 or 12.30.027; 03 (3) without a warrant may arrest a person when the peace officer has 04 reasonable cause for believing that the person has 05 (A) committed a crime under or violated conditions imposed as 06 part of the person's release before trial on misdemeanor charges brought under 07 AS 11.41.270; 08 (B) violated AS 04.16.050 or an ordinance with similar 09 elements; however, unless there is a lawful reason for further detention, a 10 person who is under the age of 18 and who has been arrested for violating 11 AS 04.16.050 or an ordinance with similar elements shall be cited for the 12 offense and released to the person's parent, guardian, or legal custodian; or 13 (C) violated conditions imposed as part of the person's release 14 before trial on felony charges brought under AS 11.41.410 - 11.41.458; 15 (4) shall make an arrest when the peace officer has reasonable 16 cause to believe that a crime has been committed and the person to be arrested 17 has admitted committing the crime to a peace officer or a peace officer has 18 listened to a recording of the admission. 19 * Sec. 2. AS 18.65.220 is amended by adding a new subsection to read: 20 (b) The council shall 21 (1) adopt regulations setting minimum standards for police officers for 22 conducting criminal investigations, including standards for 23 (A) securing the crime scene; 24 (B) investigation at the crime scene; 25 (C) interviewing the crime victim, other witnesses, and any 26 suspects; 27 (D) collecting evidence at the crime scene and assisting with 28 the overall forensic evidence collection process; 29 (E) making an arrest decision; 30 (F) writing incident reports; 31 (G) follow-up investigation and response;
01 (H) addressing the safety and support needs of the crime 02 victim; and 03 (I) delivering the results of the investigation to the prosecutor. 04 (2) investigate complaints that a police officer has violated the 05 standards adopted in (1) of this subsection and, if the council finds that an officer has 06 violated those standards, may suspend or revoke a certificate issued under 07 AS 18.65.240 or require the police officer to obtain additional training. 08 * Sec. 3. AS 18.65.280(b) is amended to read: 09 (b) A political subdivision with an established police training program 10 meeting the requirements of AS 18.65.220(a)(2) and (3) [AS 18.65.220(2) AND (3)] 11 may exclude itself from the requirements of AS 18.65.240 by ordinance. The 12 exclusion has no effect on eligibility to receive federal or state grants.