HCS 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 HOUSE CS FOR 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 AS 09.50.020(a) is repealed and reenacted to read: 05 (a) A person who commits a contempt is guilty of a class A misdemeanor. 06 * Sec. 2. AS 09.50.020(b) is amended to read: 07 (b) In addition to the penalty for a class A misdemeanor [SPECIFIED IN (a) 08 OF THIS SECTION], the court may suspend, restrict, or revoke, for a period not to 09 exceed six months, a driver's license as defined in AS 28.40.100, a license as defined 10 in AS 25.27.244(s), or a recreational license, or any combination of these licenses, or 11 the person's ability to obtain the licenses, if 12 (1) the person is a natural person; 13 (2) the contempt is one under AS 09.50.010(4) - (10); and 14 (3) the court, sitting without a jury, finds by a preponderance of
01 evidence that the contempt related to failure to pay money in connection with a child 02 support action or proceeding or failure to comply with a subpoena or warrant relating 03 to a paternity or child support proceeding. 04 * Sec. 3. AS 12.50 is amended by adding a new section to read: 05 Article 3. Temporary Detention and Identification of Persons. 06 Sec. 12.50.201. Temporary detention and identification of persons. (a) A 07 peace officer may temporarily detain a person under circumstances that give the 08 officer reasonable suspicion that 09 (1) the person witnessed or was at or near the scene of the commission 10 of a felony crime against a person under AS 11.41, arson under AS 11.46.400 or 11 11.46.410, criminal mischief under AS 11.46.475 or 11.46.480, or misconduct 12 involving weapons under AS 11.61.190 or 11.61.195(a)(3); 13 (2) the person has information of material aid in the investigation of 14 that crime; and 15 (3) the temporary detention of the person is reasonably necessary to 16 obtain or verify the identification of the person, to obtain an account of the crime, to 17 protect a crime victim from imminent harm, or for other exigent circumstances. 18 (b) A peace officer who temporarily detains a person under (a) of this section 19 may 20 (1) detain the person only as long as reasonably necessary to 21 accomplish the purposes of that subsection; 22 (2) take one or more photographs of the person, if photographs can be 23 taken without unreasonably delaying the person or removing the person from the 24 vicinity; and 25 (3) if the person does not provide valid government-issued 26 photographic identification or other valid identification that the officer finds to be 27 reliable to identify the person, or the officer has reasonable suspicion that the 28 identification is not valid, 29 (A) serve a subpoena on the person to appear before the grand 30 jury where the crime was committed; and 31 (B) take the person's fingerprint impressions if
01 (i) the crime under investigation is murder, attempted 02 murder, or misconduct involving weapons under AS 11.61.190 or 03 11.61.195(a)(3); and 04 (ii) fingerprint impressions can be taken without 05 unreasonably delaying the person or removing the person from the 06 vicinity. 07 (c) A peace officer electing to serve a subpoena under (b) of this section may 08 not require the person to sign the subpoena or another document. The officer or the 09 subpoena must advise the person that failure to honor the subpoena may be punishable 10 as criminal contempt of court under AS 09.50.010. A person receiving a subpoena to 11 testify under (b) of this section may request the district attorney to withdraw the 12 subpoena if, before the grand jury proceeding for which the person has been served a 13 subpoena to appear, the person provides the peace officer who served the subpoena or 14 the lead investigator with valid government-issued photographic identification or other 15 valid identification that the officer or lead investigator finds to be reliable to identify 16 the person. 17 (d) Photographs or fingerprints taken under (b) of this section 18 (1) may be used for identification purposes only, and not for criminal 19 investigative purposes unless it is determined that the person is suspected of 20 committing a crime within the scope of the investigation; and 21 (2) must be destroyed upon the earlier of the following occurrences 22 unless it is determined that the person is suspected of committing a crime within the 23 scope of the investigation: 24 (A) the person has testified in a grand jury or court proceeding 25 in connection with the matter under investigation; or 26 (B) completion of the prosecution of the crime being 27 investigated. 28 (e) This section does not limit the authority of peace officers to investigate 29 crimes, to collect evidence, to photograph crime scenes, evidence, or bystanders, to 30 issue lawful court process, or to ensure the welfare of crime victims or other persons. 31 (f) A person who refuses or resists the taking of photographs or fingerprints
01 under this section commits a class B misdemeanor, punishable as provided in 02 AS 12.55, except that a sentence of imprisonment, if imposed, may not exceed 10 03 days. 04 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 REPORT. The state has an interest in protecting witnesses from violence or other 07 danger. The Department of Public Safety shall provide a report to the legislature by 08 February 1, 2007. The report must contain proposals for workable measures to protect a 09 witness who must provide information under AS 12.50.201, as added in sec. 3 of this Act, and 10 who might be endangered by providing identifying information to other persons, including 11 gang members who might endanger the witness who provides the information. 12 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).