CSSB 3005(JUD): "An Act relating to contempt of court and to temporary detention and identification of persons; and providing for an effective date."
00 CS FOR SENATE BILL NO. 3005(JUD) 01 "An Act relating to contempt of court and to temporary detention and identification of 02 persons; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.50.020(a) is amended to read: 05 (a) A person who is guilty of contempt 06 (1) may be punished [IS PUNISHABLE] by a fine of not more than 07 $300 or by imprisonment for not more than six months for a contempt under 08 (A) AS 09.50.010(1) or (2); 09 (B) AS 09.50.010(3) - (12) if [. HOWEVER, WHEN THE 10 CONTEMPT IS ONE MENTIONED IN AS 09.50.010(3) - (12), OR IN AN 11 ACTION BEFORE A MAGISTRATE, THE PERSON IS PUNISHABLE BY 12 A FINE OF NOT MORE THAN $100 UNLESS] it appears that a right or 13 remedy of a party to an action or proceeding was defeated or prejudiced by the 14 contempt; or
01 (C) AS 09.50.010(5) or (10) if the conduct involves the 02 failure to honor a subpoena or refusal to be sworn or answer as a witness 03 in connection with a civil or criminal court proceeding or an appearance 04 before the grand jury; 05 (2) may be punished by a fine of not more than $100 for a 06 contempt under AS 09.50.010(3) - (12), except as otherwise provided in (1)(B) or 07 (1)(C) of this subsection [, IN WHICH CASE THE PENALTY SHALL BE AS 08 PRESCRIBED FOR CONTEMPTS DESCRIBED IN AS 09.50.010(1) AND (2)]. 09 * Sec. 2. AS 12.50 is amended by adding a new section to read: 10 Article 3. Temporary Detention and Identification of Persons. 11 Sec. 12.50.201. Temporary detention and identification of persons. (a) A 12 peace officer may temporarily detain a person under circumstances that give the 13 officer reasonable suspicion that 14 (1) the person witnessed or was at or near the scene of the commission 15 of a crime against a person under AS 11.41, a felony property crime under AS 11.46, 16 or misconduct involving weapons under AS 11.61.190 or 11.61.195(a)(3); 17 (2) the person has information of material aid in the investigation of 18 that crime; and 19 (3) the temporary detention of the person is reasonably necessary to 20 obtain or verify the identification of the person, to obtain an account of the crime, to 21 protect a crime victim from imminent harm, or for other exigent circumstances. 22 (b) A peace officer who temporarily detains a person under (a) of this section 23 may 24 (1) detain the person only as long as reasonably necessary to 25 accomplish the purposes of that subsection; 26 (2) take one or more photographs of the person, if photographs can be 27 taken without unreasonably delaying the person or removing the person from the 28 vicinity; and 29 (3) if the person does not provide valid government-issued 30 photographic identification or the officer has reasonable suspicion that the 31 identification is not valid,
01 (A) serve a subpoena on the person to appear before the grand 02 jury where the crime was committed; and 03 (B) take the person's fingerprint impressions if 04 (i) the crime under investigation is murder, attempted 05 murder, or misconduct involving weapons under AS 11.61.190 or 06 11.61.195(a)(3); and 07 (ii) fingerprint impressions can be taken without 08 unreasonably delaying the person or removing the person from the 09 vicinity. 10 (c) A peace officer electing to serve a subpoena under (b) of this section may 11 not require the person to sign the subpoena or another document. The officer or the 12 subpoena must advise the person that failure to honor the subpoena is punishable as 13 criminal contempt of court under AS 09.50.010. A person receiving a subpoena to 14 testify under (b) of this section may request the district attorney to withdraw the 15 subpoena if, before the grand jury proceeding for which the person has been served a 16 subpoena to appear, the person provides the peace officer who served the subpoena 17 with valid government-issued photographic identification. 18 (d) Photographs or fingerprints taken under (b) of this section 19 (1) may be used for identification purposes only, and not for criminal 20 investigative purposes unless it is determined that the person is suspected of 21 committing a crime within the scope of the investigation; and 22 (2) must be destroyed upon the earlier of the following occurrences 23 unless it is determined that the person is suspected of committing a crime within the 24 scope of the investigation: 25 (A) the person has testified in a grand jury or court proceeding 26 in connection with the matter under investigation; or 27 (B) completion of the prosecution of the crime being 28 investigated. 29 (e) A person who refuses or resists the taking of photographs or fingerprints 30 under this section commits a class B misdemeanor, punishable as provided in 31 AS 12.55, except that a sentence of imprisonment, if imposed, may not exceed 10
01 days. 02 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).