Legislature(1997 - 1998)
04/30/1998 02:15 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 405
"An Act relating to failing to stop a vehicle when
directed to do so by a peace officer."
JAMES HORNADAY, STAFF, REPRESENTATIVE PETE KOTT, stated
that HB 405 would increase penalties for drivers who do not
stop at the direction of a police officer. Failure to stop
at the direction of a police officer is an offense in the
first degree, which would be a Class C felony. Failure to
stop at the direction of a peace officer, a second-degree
offense, would occur if a person knowingly failed to stop
in a safe manner as soon as possible, which would be tried
as a Class A misdemeanor.
The crime of eluding a police officer is inherently
dangerous for pedestrians, other drivers and innocent
bystanders. Mr. Hornaday summarized that by increasing the
penalties for this crime will help deter potentially
dangerous behavior and will better align the severity of
punishment with the severity of the crime.
Co-Chair Therriault noted concern with the fiscal impact of
the legislation.
BRUCE RICHTER, (TESTIFIED VIA TELECONFERENCE), CAPTAIN,
ANCHORAGE POLICE DEPARTMENT, ANCHORAGE, testified in
support of the legislation. He commented that the
Anchorage Police Department is looking for a tool to be
better able to tract and identify drivers during illegal
actions.
Representative Mulder asked if there was an option to
impose a large fine as opposed to imprisonment. Captain
Richter replied, often, when police attempt to take the
vehicle, there is a lien in place against it. These
vehicles are usually bought with borrowed money through a
bank. Mr. Richter added, many of the drivers are often
alcohol impaired and, also, are teenagers. Representative
Mulder spoke to overcrowding currently existing in the
State prisons system.
LARENCE ZAGER, (TESTIFIED VIA TELECONFERENCE), CAPTAIN,
ANCHORAGE POLICE DEPARTMENT, ANCHORAGE, echoed Captain
Richter's support of the proposed legislation. He pointed
out that the legislation has support of all police
officers. The nature of driving during a chase is very
dangerous making this a public safety issue. The
legislation will increase the crime to a felony which will
translate to a higher number of incarcerated people.
ROBERT GRIFFITHS, (TESTIFIED VIA TELECONFERENCE), POLICE
OFFICIER, ANCHORAGE POLICE DEPARTMENT, ANCHORAGE, pointed
out that the tools of the proposed law will provide
prosecutors with an effective leverage for plea bargaining.
This could have a positive fiscal impact on expediting
cases. He added, the goal of the legislation is to act as
a deterrent to those offenders considering whether to flee
or not.
Co-Chair Therriault asked how the information would be
publicized if the law were passed. Mr. Griffiths replied
that there is a Public Affairs section within the Anchorage
Police Department whose main responsibility it is to inform
the public of such changes to law.
KEITH CORDELL, VICE PRESIDENT, ANCHORAGE POLICE DEPARTMENT
EMPLOYEES ASSOCIATION, ANCHORAGE, emphasized that this is a
serious concern for the Anchorage police. Every officer
supports the action as the bill would act as a important
deterrent.
Representative J. Davies asked if the "bumped up" portion
of the bill would address for the most part moving
violations and driving while intoxicated (DWI). He asked
if the legislation could only address those violations
which are dangerous. Police Officer Cordell replied that
could be possible with passage of an amendment.
CHRIS STOCKARD, CAPTAIN, DEPARTMENT OF PUBLIC SAFETY, noted
that the Department supports the legislation. He estimated
that there could be between 50 and 200 qualifying offenses
each year. The presumption is that they would not be
prosecuted as felons.
JED WHITTAKER, SELF, JUNEAU, testified in opposition to HB
405. He emphasized that this is poorly written "police
state" legislation and does not distinguish between people
who are pedestrians and those driving cars. Mr. Whittaker
summarized that the legislation will not make the streets
safer. Representative J. Davies countered that the
language refers to moving vehicles only.
DEPUTY CHIEF WELCH, (TESTIFIED VIA TELECONFERENCE),
FAIRBANKS POLICE DEPARTMENT, FAIRBANKS, emphasized that the
police are looking for ways to deter people from fleeing
from police and vehicles. Those people place the public
and officers at great risk. He suggested that the fiscal
costs indicated are probably higher than the actual costs
would be. He urged Committee members to support the
proposed legislation.
HB 405 was HELD in Committee for further consideration.
(Tape Change HFC 98- 136, Side 2).
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