Legislature(2005 - 2006)BUTROVICH 205
01/19/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB200 | |
| SB218 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 200 | TELECONFERENCED | |
| *+ | SB 218 | TELECONFERENCED | |
| + | SB 10 | TELECONFERENCED | |
SB 200-USE OF FORCE TO PROTECT SELF/HOME
VICE-CHAIR CHARLIE HUGGINS announced SB 200 to be up for
consideration.
8:55:24 AM
SENATOR GENE THERRIAULT, bill sponsor, presented SB 200, which
he said was introduced at the end of session last year. A
similar law was enacted in Florida through overwhelming
bipartisan support. He expressed interest in hearing from the
Department of Law any concerns or comments they might have. SB
200 is not intended to promote undue force but to establish as a
baseline the right of a person to stand their ground wherever
they have a legal right to be and use whatever force necessary
to protect themselves or, in certain cases, others. It is not
the intent of the bill to cause lawlessness among the populace.
8:58:37 AM
VICE-CHAIR HUGGINS called the first witness.
8:59:38 AM
MR. BRIAN JUDY, representing the Alaska members of the National
Rifle Association, testified in support of SB 200, which he
believes is based on the "Castle Doctrine" from the Bible. It
basically says that a person's home is their castle and they
have every right to protect it. The principle of having no guilt
for injuring or killing an intruder is found in the Old
Testament in Exodus 22:2. Essentially people have a right to be
as safe in their homes as a king in his castle and may use all
manner of force including deadly force to protect the home and
its inhabitants from attack. He said under existing Alaska law
there is already a provision of no duty to retreat if a person
is on the premises, which the person owns, or leases. SB 200
would extend that to any place where the person has a right to
be.
9:01:27 AM
Under SB 200 a person does not have to retreat and can fight
using force against force. SB 200 would not give carte blanche
authority to shoot someone for a minor offense or attack.
Another component of SB 200 is the provision of immunity for
victims who have used lawful defensive force to prevent an
attack. Criminals and their families would be prohibited from
suing the victims for injuries incurred by the attacker. Mr.
Judy recommended adding "or another person" to Page 2 line 6
after the words "for self defense" as a possible amendment.
Also, in addition to removing the duty to retreat and providing
immunity from civil liability, provide an absolute presumption
that anyone who unlawfully and forcefully enters a person's
dwelling, residence, or occupied vehicle is there to do harm and
therefore any manner of force can be used against that person
without fear of prosecution or civil suit. He said the Florida
Times Union, a mainstream newspaper, is in full support of the
similar law that their Legislature recently passed.
9:05:36 AM
MR. JUDY closed by urging support for the bill.
VICE-CHAIR HUGGINS asked Mr. Judy whether there have been
instances where the new law in Florida has been invoked.
MR. JUDY said he has not heard of any. He said SB 200 would only
change what would happen after the fact. It would prevent law-
abiding citizens from being victims a second time.
SENATOR THERRIAULT asked about current legislative action around
the country since the Florida law passed.
9:07:27 AM
MR. JUDY stated that many sessions are just beginning now, such
as Alaska, but that many states are introducing similar
legislation.
9:08:46 AM
SENATOR GRETCHEN GUESS referred to Page 2 lines 9-15 and asked
whether a person would be liable for whatever damage occurred
while shooting towards a person who was shooting at them.
SENATOR THERRIAULT responded the bill would not remove the duty
to take care not to harm others while defending oneself against
an aggressor.
SENATOR HOLLIS FRENCH asked Mr. Judy to explain the places that
a person has a right to be.
SENATOR THERRIAULT explained obvious places such as a person's
own home or car. However, there are also ordinances where police
could exempt people from being in places they are normally
welcome but SB 200 would operate within the bounds of many other
laws.
9:12:05 AM
VICE-CHAIR HUGGINS aired the concerns of some of his
constituents in that they believe a degree of protection for
defending oneself is needed. He expressed support for the bill.
SENATOR THERRIAULT clarified a person would have no right to
harm a law enforcement officer in the course of duty.
SENATOR GUESS referred to Page 2 line 10 where "to a certainty"
was inserted. She asked for an explanation of the phrase.
SENATOR THERRIAULT deferred the question to the Department of
Law but said that it was a very high standard.
9:14:20 AM
VICE-CHAIR HUGGINS asked for a representative from the
Department of Law.
9:14:39 AM
MS. SUSAN PARKES, Deputy Attorney General, Criminal Division,
Department of Law (DOL) said she met with Senator Therriault's
staff to address some concerns about the bill. "To a certainty"
was one of the issues discussed. The phrase is a higher standard
than what is currently the law. The concern is the prosecution
already has the obligation to disprove self-defense beyond a
reasonable doubt. Adding that phrase makes it an almost
impossible standard, however it is not defined and it would need
to be when giving instruction to jurors.
9:16:39 AM
SENATOR THERRIAULT asked Ms. Parkes to speak more about gang
scenarios and how the bill would affect that.
MS. PARKES said two years ago with the Governor's crime bill
they carved out areas where self-defense could not be used as an
excuse for violence. When engaged in a felony drug transaction
or when promoting a gang objective, self-defense cannot be
claimed. The DOL supports giving lawful rights to citizens to
defend their families however, she expressed concern that SB 200
would protect criminals as well.
9:18:31 AM
SENATOR FRENCH commented the right to self-defense pre-dates
government. He asked Ms. Parkes whether she has had
conversations with prosecution agencies in Florida to see
whether the new law was working as intended.
MS. PARKES responded the DOL intends to contact Florida to check
whether the law is working or if it has created problems.
SENATOR FRENCH said SB 200 is perceived by at least one high
profile criminal defense lawyer as an avenue to make it more
difficult for the state to prosecute gun crimes. It is currently
very difficult to get over the self-defense hurdle. The flip
side is that citizens should feel entitled to defend themselves.
He solicited examples from anyone in the room or online
instances of citizens having failed to defend themselves when
they should have and/or citizens being prosecuted for defending
themselves when they should not have been prosecuted.
9:21:49 AM
MS. PARKES commented currently a person has the right to use
deadly force in a public place or anywhere under a lot of
circumstances. That is already protected under current law. The
biggest concern is the innocent bystander issue that Senator
Guess raised. The law does not have the requirement that people
be a "good shot."
9:23:47 AM
VICE-CHAIR HUGGINS asked Ms. Parkes the impact of civil
liability in regards to the bill.
MS. PARKES informed the chairman that Section 1 gives immunity
if self-defense was properly used. The DOL has no concerns
regarding Section 1.
9:26:28 AM
MS. PARKES continued by noting much public support for people
who want to protect their homes and businesses. Therefore the
DOL is looking forward to working on the bill with Senator
Therriault's staff. Representative Coghill has drafted an
identical bill as well.
VICE-CHAIR HUGGINS asked for further testimony. Seeing none he
announced the committee would set SB 200 aside.
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