1994-03-09                     Senate Journal                      Page 3111
SB 350                                                                       
SENATE BILL NO. 350 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
"An Act relating to a defendant's violation of                                
conditions of release; and providing for an effective                          
date."                                                                         
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               
Fiscal note published today from Department of Corrections.  Zero              
fiscal notes published today from Department of Administration (2),            
Department of Law, Department of Public Safety.                                
                                                                               
Governor's transmittal letter dated March 9:                                   
                                                                               
Dear Mr. President:                                                            
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution,          
I am transmitting a bill that would allow peace officers to make               
warrantless arrests when they have reasonable cause to believe that            
a defendant is violating the conditions of release imposed by a court          
in certain types of cases, including stalking, assault, sexual assault,        
and domestic violence cases.  The bill would allow peace officers to           
take immediate action to protect the public, rather than requiring that        
they contact a prosecutor and a judge before arresting the defendant.          
                                                                               
                                                                               

1994-03-09                     Senate Journal                      Page 3112
SB 350                                                                       
For example, if a person accused of stalking, domestic violence,               
assault, or sexual assault confronts the victim while the person is            
released on bail, or violates another condition of release, peace              
officers are rarely able to protect the victim or the public in general        
by making an immediate arrest.  Typically, the peace officer must              
first meet with a prosecutor, go into court to file a motion, and              
obtain a court order before they can act to put the defendant back             
in jail.  Since a large percentage of these incidents occur late at            
night and often involve alcohol or drug use by the defendant, these            
situations are particularly dangerous for victims -- and challenging           
for peace officers, prosecutors, and judges.                                   
                                                                               
The bill authorizes the warrantless arrest of defendants who have              
violated conditions of release imposed by the court for certain                
offenses to the same extent that warrantless arrests are already               
authorized under existing law for the initial commission of these              
same offenses.  The bill would permit peace officers to promptly               
arrest accused stalkers and other offenders who confront their                 
victims, or otherwise violate conditions of release, while on bail.            
                                                                               
Protecting Alaskans from stalkers and domestic violence requires               
giving peace officers the tools to act -- to intervene -- and to do so         
immediately.  I urge your favorable action on this bill.                       
                                                                               
Sincerely,                                                                     
					/s/                                                                       
Walter J. Hickel                                                               
Governor