Legislature(1999 - 2000)
04/17/2000 02:05 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 26 (FIN)
"An Act relating to hindering prosecution and to
providing false information or reports to a peace
officer."
MICHAEL PAULEY, STAFF, SENATOR LEMAN testified in support of
the legislation. A detective in the Anchorage Police
Department suggested the legislation as a useful tool for
law enforcement and prosecutors to counteract those who use
deception to thwart the criminal justice system. He observed
that the Alaska State Troopers Alaska Association of Chiefs
of Police, the Alaska Peace Officers Association, and
Victims for Justice support the legislation.
Mr. Pauley asserted that, in the criminal justice context,
people typically employ deception in two ways: they lie to
protect another person who has committed a crime, or they
lie to protect themselves. The first situation of lying to
protect another is addressed in section 1 of the bill;
section 2 addresses the issue of lying to protect oneself.
Mr. Pauley reviewed the legislation by section. He noted
that section 1 makes it a crime to hinder prosecution by
rendering assistance to another person who has committed a
crime, with the intention of hindering the apprehension,
prosecution, conviction, or punishment of the other person.
The definition of "rendering assistance to another" includes
using deception to prevent or obstruct the discovery or
apprehension of that person. Under current statutes it would
be a crime if a person lies to a police officer in order to
stop another person who has committed a crime from being
apprehended.
Mr. Pauley explained that this statute applies only if a
person lies to prevent apprehension of a person who has
committed a crime that is punishable by imprisonment of
greater than 90 days. This means that class B misdemeanors
are not covered under existing law. class B misdemeanors
include such offenses as disorderly conduct, harassment,
misconduct involving weapons in the fifth degree, and
criminal mischief in the fourth degree. Although these
crimes are not the most serious offenses on the books, they
do consume a significant amount of time and resources of
both law enforcement agencies and the court system. It is
the Sponsor's view that it is not appropriate for the
statute to sanction deception under these circumstances.
Senate Bill 26 amends the existing law to applies to all
crimes, including class B misdemeanors.
Section 2 of SB 26 amends current statute on making false
reports (AS 11 .56.800). Under existing law, it is a crime
to give false information to a police officer with the
intent of implicating another in a crime. It is also a crime
to give a false report to police that a crime has occurred
or is about to occur. The legislation adds an additional
provision, stating that it is a crime to provide false
identity information to a peace officer while the person is
under arrest, detention, or investigation for a crime, or
while the person is being served with an arrest warrant of
being issued a citation.
Mr. Pauley observed that according to law enforcement
personnel, false identity information can be a significant
impediment to successful investigations and prosecutions.
The law should not sanction this type of behavior.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION, CRIMINAL DIVISION, DEPARTMENT OF LAW noted that
concerns by the department have been addressed and that the
Department of Law supports the legislation in its present
form.
Representative Foster questioned if there are any provisions
that would preclude someone from having to give testimony,
such as in the case of a spouse testifying against a spouse.
Ms. Carpeneti noted that a spousal exception is contained
under another statute and explained that the legislation
addresses the person himself or herself that is under
investigation or arrest for a crime from giving false
information.
In response to a question by Representative Foster, Ms.
Carpeneti explained that it is against the law to hinder the
apprehension of a person who has committed a misdemeanor.
Representative Foster concluded that it would be better to
say nothing rather than lie.
Co-Chair Therriault observed that the legislation would
address the issue of a person lying about their identity to
a process server.
In response to questions regarding a situation where a
person lies about the presence of their spouse, Mr. Pauley
referred to AS 11.56.770:
(a) A person commits the crime of hindering prosecution
in the first degree if the person renders assistance to
a person who has committed a crime punishable as a
felony with intent to
(1) hinder the apprehension, prosecution, conviction, or
punishment of that person; or
(2) assist that person in profiting or benefiting from
the commission of the crime.
(b) For purposes of this section, a person "renders
assistance" to another if the person
(1) harbors or conceals the other person;
Mr. Pauley observed that the statute requires demonstration
of intent. Ms. Carpeneti added that the statue includes
harboring or concealing another person.
Co-Chair Therriault noted that this provision is under the
existing law. The legislation would not change the elements
of defense in any other way.
Representative Grussendorf questioned how intimidation would
affect the provision. Ms. Carpeneti observed that coercion
would be a defense; the legislation does not change any of
the defenses to hindering prosecution. Representative
Grussendorf questioned if the burden of proof would be with
the defender. Ms. Carpeneti responded that the state would
have to demonstrate that there was intent.
Vice Chair Bunde asked if there were specific cases that led
to the legislation. Mr. Pauley responded that law
enforcement officers contacted the sponsor with concerns
regarding specific cases. He gave an example where a person
was arrested and refused to give his identity. He lied about
his identity in court. Vice Chair Bunde noted that it was
the perpetrator that lied.
Co-Chair Therriault pointed out that many of the Committee's
questions and concerns are with existing law and not with
the application of the law to all misdemeanors.
Vice Chair Bunde MOVED to report CSSB 26 (FIN) out of
Committee with the accompanying fiscal notes. There being NO
OBJECTION, it was so ordered.
CSSB 26(FIN) was REPORTED out of Committee with "no
recommendation" and a fiscal impact note by the Department
of Public Safety; a fiscal impact note by the Department of
Corrections; a zero fiscal note by the Department of Public
Safety; and a zero fiscal note by the Department of Law.
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