00                      CS FOR HOUSE BILL NO. 171(JUD)                                                                    
01 "An Act relating to arrests without warrants by peace officers for assault in the fourth                                
02 degree or an ordinance with elements similar to assault in the fourth degree under                                      
03 certain circumstances."                                                                                                 
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 12.25.030(b) is amended to read:                                                                   
06            (b)  In addition to the authority granted by (a) of this section, a peace officer                            
07                 (1)  shall make an arrest under the circumstances described in                                          
08       AS 18.65.530;                                                                                                     
09                 (2)  without a warrant may arrest a person if the officer has probable                                  
10       cause to believe the person has, either in or outside the presence of the officer,                                
11                      (A)  committed a crime involving domestic violence, whether                                        
12            the crime is a felony or a misdemeanor; in this subparagraph, "crime involving                               
13            domestic violence" has the meaning given in AS 18.66.990;                                                    
14                      (B)  committed the crime of violating a protective order in                                        

01            violation of AS 11.56.740; [OR]                                                                              
02                      (C)  violated a condition of release imposed under                                                 
03            AS 12.30.016(e) or 12.30.027; or                                                                         
04                      (D)  committed assault in the fourth degree under                                              
05            AS 11.41.230 or an ordinance with elements similar to assault in the                                     
06            fourth degree under AS 11.41.230 and the officer has reasonable cause to                                 
07            believe that an arrest without a warrant is necessary to prevent imminent                                
08            physical harm to a person;                                                                               
09                 (3)  without a warrant may arrest a person when the peace officer has                                   
10       probable cause for believing that the person has                                                                  
11                      (A)  committed a crime under or violated conditions imposed as                                     
12            part of the person's release before trial on misdemeanor charges brought under                               
13            AS 11.41.270;                                                                                                
14                      (B)  violated AS 04.16.050 or an ordinance with similar                                            
15            elements; however, unless there is a lawful reason for further detention, a                                  
16            person who is under 18 years of age and who has been arrested for violating                                  
17            AS 04.16.050 or an ordinance with similar elements shall be cited for the                                    
18            offense and released to the person's parent, guardian, or legal custodian; or                                
19                      (C)  violated conditions imposed as part of the person's release                                   
20            under the provisions of AS 12.30.