HCS CSSB 3005(JUD) am H: "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) am H 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 AS 09.50.020(a) is repealed and reenacted to read: 05 (a) A person who commits a criminal contempt is guilty of a class A 06 misdemeanor. A person who commits a civil contempt is subject to damages, a civil 07 penalty of $5,000 or less for each violation, and other orders as the court finds 08 appropriate. 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
01 of a felony crime against a person under AS 11.41, arson under AS 11.46.400 or 02 11.46.410, criminal mischief under AS 11.46.475 or 11.46.480, or misconduct 03 involving weapons under AS 11.61.190 or 11.61.195(a)(3); 04 (2) the person has information of material aid in the investigation of 05 that crime; and 06 (3) the temporary detention of the person is reasonably necessary to 07 obtain or verify the identification of the person, to obtain an account of the crime, to 08 protect a crime victim from imminent harm, or for other exigent circumstances. 09 (b) A peace officer who temporarily detains a person under (a) of this section 10 may 11 (1) detain the person only as long as reasonably necessary to 12 accomplish the purposes of that subsection; 13 (2) take one or more photographs of the person, if photographs can be 14 taken without unreasonably delaying the person or removing the person from the 15 vicinity; and 16 (3) if the person does not provide valid government-issued 17 photographic identification or other valid identification that the officer finds to be 18 reliable to identify the person, or the officer has reasonable suspicion that the 19 identification is not valid, 20 (A) serve a subpoena on the person to appear before the grand 21 jury where the crime was committed; and 22 (B) take the person's fingerprint impressions if 23 (i) the crime under investigation is murder, attempted 24 murder, or misconduct involving weapons under AS 11.61.190 or 25 11.61.195(a)(3); and 26 (ii) fingerprint impressions can be taken without 27 unreasonably delaying the person or removing the person from the 28 vicinity. 29 (c) A peace officer electing to serve a subpoena under (b) of this section may 30 not require the person to sign the subpoena or another document. The officer or the 31 subpoena must advise the person that failure to honor the subpoena may be punishable
01 as criminal contempt of court under AS 09.50.010. A person receiving a subpoena to 02 testify under (b) of this section may request the district attorney to withdraw the 03 subpoena if, before the grand jury proceeding for which the person has been served a 04 subpoena to appear, the person provides the peace officer who served the subpoena or 05 the lead investigator with valid government-issued photographic identification or other 06 valid identification that the officer or lead investigator finds to be reliable to identify 07 the person. 08 (d) Photographs or fingerprints taken under (b) of this section 09 (1) may be used for identification purposes only, and not for criminal 10 investigative purposes unless it is determined that the person is suspected of 11 committing a crime within the scope of the investigation; and 12 (2) must be destroyed upon the earlier of the following occurrences 13 unless it is determined that the person is suspected of committing a crime within the 14 scope of the investigation: 15 (A) the person has testified in a grand jury or court proceeding 16 in connection with the matter under investigation; or 17 (B) completion of the prosecution of the crime being 18 investigated. 19 (e) This section does not limit the authority of peace officers to investigate 20 crimes, to collect evidence, to photograph crime scenes, evidence, or bystanders, to 21 issue lawful court process, or to ensure the welfare of crime victims or other persons. 22 (f) A person who refuses or resists the taking of photographs or fingerprints 23 under this section commits a class B misdemeanor, punishable as provided in 24 AS 12.55, except that a sentence of imprisonment, if imposed, may not exceed 10 25 days. 26 (g) Notwithstanding (f) of this section, if the person establishes that the person 27 does not have information of material aid in the investigation of the crime, it is within 28 the discretion of the court to determine that this is a civil matter punishable by a civil 29 fine of not more than $1,000. 30 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 REPORT. The state has an interest in protecting witnesses from violence or other 02 danger. The Department of Public Safety shall provide a report to the legislature by 03 February 1, 2007. The report must contain proposals for workable measures to protect a 04 witness who must provide information under AS 12.50.201, as added in sec. 2 of this Act, and 05 who might be endangered by providing identifying information to other persons, including 06 gang members who might endanger the witness who provides the information. 07 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).